The Delhi High Court on Wednesday ruled that the Central Armed Police Forces (CAPF) are considered the armed forces of the Union and are therefore entitled to the same benefits under the Old Pension Scheme (OPS) as the Indian Army, Navy, and Air Force. The CAPF includes the Central Reserve Police Force, Shashtra Seema Bal (BSF), Border Security Force (BSF), and Indo Tibetan Border Police (ITBP). The court, made up of Justices Suresh Kumar Kait and Neena Bansal Krishna, overturned government orders and officer memorandums that denied these benefits to paramilitary personnel.
“It is made clear that the notification dated 22.12.2003 as well as OM dated 17.02.2020 granting the benefit of Old Pension Scheme shall be applicable in rem. Meaning thereby, Old Pension Scheme shall not only be applicable in the case of petitioners herein but all the personnel of CAPFs at large. Accordingly, necessary orders be issued within eight weeks,” the order said.
The Delhi High Court heard over 80 petitions filed by personnel serving in the Central Armed Police Forces (CAPF) challenging an officer memorandum (OM) issued on February 17, 2020 by the Department of Pension and Pensioner’s Welfare. The OM stated that only candidates whose recruitment results were announced before January 1, 2004 for vacancies that occurred before December 31, 2003 would be eligible for the Old Pension Scheme (OPS). The petitioners argued that the government’s December 22, 2003 notification introducing the New Contributory Pension Scheme (NPS) and the February 17, 2020 OM prevented the implementation of the NPS for CAPF personnel, who are considered “Armed Forces” and therefore excluded from the NPS. They argued that they should be covered by the OPS instead.
The government argued that although the Central Reserve Police Force Act of 1949 states that the CRPF is an Armed Force of India, the December 22, 2003 notification only applies the term “Armed Forces” to the Army, Navy, and Air Force, and not to all armed forces of the Union, therefore NPS would apply to CAPF and not the OPS. The court considered the arguments and examined the notifications and OM, and concluded that the Supreme Court and High Courts have always recognized the importance of the armed forces in protecting the country and that any policy decisions should not harm their interests. The judges noted that the notifications and OM clearly show that when the decision to implement the NPS was made, the armed forces of the country were excluded from it.
“Accordingly, we are of the considered opinion that the Notification dated 22.12.2003 as well as OM dated 17.02.2020 are required to be implemented in their true essence,” the court said.
