Old Pension Scheme: During the prolonged hearing, a bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice to stay the implementation of the High Court order. Solicitor General Tushar Mehta appeared in the Supreme Court on behalf of the Central Government. In the meanwhile, the implementation of the impugned judgment shall be stayed to the extent that it has directed that the old pension scheme shall be applicable to para-military forces, the Bench said.
The Central Government has taken a stay order from the Supreme Court (SC) till February 2024 on the matter of giving old pension to the soldiers of Central Paramilitary Forces (CAPF) . On January 11 this year , the Delhi High Court had given a major decision regarding the implementation of the Old Pension Scheme in CAPFs, which has now been stayed by the apex court. The High Court order said that the old pension scheme (OPS) will be implemented in the Central Paramilitary Forces (CAPF). With this, the old pension dream of lakhs of CAPF jawans seems to be breaking.
During the prolonged hearing, a bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice to stay the implementation of the High Court order. Solicitor General Tushar Mehta appeared in the Supreme Court on behalf of the Central Government. “In the meanwhile, the implementation of the impugned judgment shall be stayed to the extent that it has directed that the old pension scheme shall be applicable to para-military forces,” the bench said.
The court has fixed the next hearing of the case in February 2024. The biggest argument of the petitioners was that they had received the offer of appointment to the post of Assistant Commandant from October 2004 to 2005.
After this, the government came out with a notification in December 2003 and the New Contributory Pension Scheme (NPS) was implemented from January 2004. However, the said scheme was not applicable to the armed forces, as the old pension scheme already existing in the forces was to be retained.
This was the main ground for the petitioners to approach the court, stating that those who were appointed after the implementation of NPS due to administrative delay by the government should get the benefit of OPS, as they were already selected for the job Had paid
The decision of the High Court
In January this year, the Delhi High Court, in its decision on 82 petitions, said that all those who were recruited in CAPFs and those who will be recruited in the coming time, will come under the purview of the old pension scheme.
The Delhi High Court, in its judgment given on January 11, had said that the old pension should be implemented in ‘CAPF’ within eight weeks. The time given by the court has ended on Holi.
Although the central government did not approach the Supreme Court against the High Court’s decision, it sought 12 weeks’ time from the court.
The great thing is that in the plea given before the Central High Court to extend the time limit, there was no talk of implementing OPS. The government had sought more time only for deliberations.
Multiple petitions were filed simultaneously on behalf of employees of different forces like CRPF, CISF and ITBP.
“The exclusion of the force, which comes under the Ministry of Home Affairs, from the old pension scheme is discriminatory and violative of the principles of equality,” the plea said.
