Supreme Court Stays Delhi HC Direction That Old Pension Scheme Is Applicable To Paramilitary Forces/CAPF Personnel

The Supreme Court today confirmed the interim stay on a direction that the Old Pension Scheme (OPS), in accordance with CCS (Pension) Rules, 1972, shall be applicable to paramilitary forces/Central Armed Police Forces personnel as well.

A bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan passed the order while granting leave to the Union of India to appeal against a Delhi High Court order, whereby petitions of the respondents/CAPF personnel were disposed of in terms of the High Court's decision in Pawan Kumar and Ors. v. Union of India and Ors.

In the Pawan Kumar case, it was held that paramilitary forces are Armed Forces of the Union and the Old Pension Scheme is applicable to them.

In today's brief hearing before the Supreme Court, it was apprised by Additional Solicitor General Aishwarya Bhati (for the Union) that the respondents were seeking parity with the Defense Forces of the country and the High Court held that benefit of OPS shall be applicable to all personnel of CAPF.

Advocate Ankur Chhibber, on the other hand, made a request on behalf of the respondents (CAPF personnel) that a fixed date may be given in the matter. However, this request was declined with an observation that the matter was not so urgent and it would take some time to hear.

While re-listing the matter, the Court confirmed the interim stay imposed on the High Court's direction on September 15, 2023. Be that as it may, the parties were given liberty to file an application for early hearing.

For context, vide the Pawan Kumar judgment, a bench of Justices Suresh Kumar Kait and Neena Bansal Krishna disposed of a batch of 82 petitions seeking quashing of orders denying the benefit of OPS to personnel of CRPF, BSF, CISF and ITBP.

The petitioners' case was that despite various court decisions, the Supreme Court's clarification that CRPF is an Armed Force of the Union and notification dated 06.08.2004 issued by the Government of India stating that CRPF is the Armed Force of the Union, the authorities were not covering the petitioners under the OPS, as in the case of Indian Army, Air Force and Navy.

On hearing them, the High Court directed the Union to issue appropriate orders within 8 weeks and said 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."

Insofar as CRPF was concerned, the High Court relied on the Supreme Court's decision in Akhilesh Prasad v. Union Territory of Mizoram (1981) and held that CRPF is a part of Armed Forces. "Also, the Ministry of Home Affairs, Government of India, vide Circular dated 6th August, 2004 clarified that the Central Forces under the administrative control of the Ministry of Home Affairs have been declared as Armed Forces of the Union," it said.

The High Court further took note of an OM issued by the Department of Pension and PW, Government of India. "A perusal of the afore-noted Notification dated 22.12.2003; Clarification letter dated 06.08.2004 and Office Memorandum dated 17.12.2020 shows that the BSF, CISF, CRPF, ITBP, NSG, Assam Rifles and SSB are part of Central Forces under the Ministry of Home Affairs and Notification dated 22.12.2003 (for New Contributory Pension Scheme) shall not be applicable on personnel of these Forces," it said.

Referring to the constitutional scheme, the High Court added: "Apparently, Article 246 read with List 1 Entry 2 of the VII Schedule of Constitution of India envisages Armed Forces of the Union of India includes “Naval, Military and Air Forces; any other armed forces of the Union”, so, the personnel of CAPFs deserve to get the benefit of OPS, as has been granted vide Notification dated 22.12.2003".

Case Title: UNION OF INDIA AND ORS. Versus LOKESH KUMAR ARYA, SLP(C) No. 21758/2023 (and connected matters)