In a significant development, the Supreme Court has upheld an interim stay on the application of the Old Pension Scheme (OPS) to the Central Paramilitary Forces (CAPF) and Central Armed Police Forces (CAPF). This decision has come as a blow to the 11 lakh jawans and officers who were hopeful of having the OPS reinstated.
Case Background
The issue revolves around the Pawan Kumar case, where it was determined that the Central Paramilitary Forces are part of the “Armed Forces of the Union.” This classification would make them eligible for the OPS under the CCS (Pension) Rules, 1972. However, the Central Government has resisted this classification, arguing that CAPF personnel should be treated as civilian employees and, therefore, be enrolled in the New Pension Scheme (NPS), which applies to all government employees recruited after January 1, 2004.
Supreme Court Hearing
During a brief hearing, Additional Solicitor General Aishwarya Bhati, representing the Union of India, opposed the application of the OPS to CAPF personnel, stating that the petitioners were seeking parity with the forces defending the nation. Despite requests from the respondents’ counsel for a fixed date for further hearings, the Supreme Court declined, indicating that the case would take time to resolve.
Implications of the Ruling
Last year, the Delhi High Court ruled in favor of the CAPF personnel, stating that they should be entitled to the OPS. The court classified CAPF as “Armed Forces of the Union,” thereby making them eligible for the benefits of the OPS. However, the Central Government appealed this decision, and the Supreme Court’s recent order maintains the interim stay on the High Court’s directive.
Legal Context and Government’s Stance
Despite the Delhi High Court’s ruling, the Central Government continues to categorize CAPF as civilian forces, exempting them from the OPS. The government’s position has led to frustration among CAPF personnel, who argue that they are governed by the same laws as the Indian Army, including provisions for court martial and other military regulations. They feel that being classified as civilian employees is inconsistent with their duties and the conditions under which they serve.
The OPS is a pension system that was in place for government employees before 2004. It provided defined benefits upon retirement, including a pension calculated based on the last drawn salary. The scheme was replaced by the New Pension Scheme (NPS) for employees joining on or after January 1, 2004.
CAPF personnel argue that their duties and conditions of service are similar to those of the armed forces. They believe that they should be entitled to the OPS, which provides better financial security after retirement compared to the NPS.
The Delhi High Court ruled that CAPF personnel should be considered part of the “Armed Forces of the Union” and, therefore, eligible for the OPS. The court stated that the OPS should apply to all CAPF personnel, irrespective of their date of recruitment.
The Supreme Court stayed the Delhi High Court’s order after the Central Government filed an appeal. The government argued that CAPF personnel are civilian employees and should be covered under the NPS, not the OPS.
The Supreme Court has not yet set a date for the final hearing of the case. The respondents can request an early hearing, but the resolution may take time.
The interim stay means that CAPF personnel will continue to be enrolled in the NPS until a final decision is made by the Supreme Court. This has caused disappointment among those who were expecting the restoration of the OPS.