Delhi HC orders benefit of Old Pension Scheme for all Police Forces personnel

PK DeskJanuary 15, 2023Last Updated: January 15, 2023

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Background of the Court Case
The division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna, was hearing a batch of 82 petitions seeking quashing of orders denying the benefit of Old Pension Scheme (OPS) to personnel of Central Reserve Police Force (CRPF), Border Security Force (BSF), Central Industrial Security Force (CISF) and Indo Tibetan Border Police (ITBP).

Notification for New Pension Scheme
The court pointed out that the notification dated December 22, 2003 for New Contributory Pension Scheme (NPS) categorically mentioned that ‘the system would be mandatory for all new recruits to the central Government service from January 1, 2004 (except the armed forces in the first stage)’.

Petitioners’ Claim
The petitioners in the case were appointed after January 1, 2004, who contended that on December 22, 2003, the Centre issued a notification for implementation of the new pension scheme with effect from January 1, 2004. They claimed that the benefits of the OPS was extended to only those personnel whose recruitment process was completed by December 31, 2003 but joined the force after January 1, 2004.

Petitioners’ Representations

The petitioners also claim that they made several representations on this issue before the competent authority of their respective forces, but their requests for the benefit of the OPS were denied.