The Supreme Court has granted a stay on the Delhi High Court judgment that ruled in favor of applying the Old Pension Scheme (OPS) to paramilitary forces. The bench, consisting of Justices Sanjiv Khanna and Bela Trivedi, clarified that the petitioners must adhere to the Office Memorandum issued by the Department of Pension and Pensioners' Welfare, dated 03.03.2023. However, it is important to note that the operation of the impugned judgment has not been completely stayed.

Background of the Case:
The petitioners, who are employees of various forces including CRPF, BSF, SSB, CISF, approached the Delhi High Court to challenge the denial of OPS benefits to them under the CCS (Pension) Rules, 1972, as per the OM dated 17.02.2020. These employees were appointed as Assistant Commandants between October 2004 and 2005. While the New Contributory Pension Scheme (NPS) was implemented from 01.01.2004, it was not applicable to the Armed Forces, which continued to be governed by the existing OPS.

The petitioners argued that those who were appointed after the NPS came into force due to administrative delays by the government should be entitled to the benefits of OPS. They relied on various precedents to support their claim, highlighting the principle that all identically placed individuals should be treated alike when it comes to extending benefits granted by the court.

CRPF as an Armed Force and Coverage under OPS:
The petitioners further contended that the CRPF, being an armed force of the Union, should be covered under OPS, similar to the Army, Navy, and Air Force. They referred to a government notification from 06.08.2004, which declared the CRPF as an Armed Force of the Union. However, the respondents argued that the term "Armed Forces" in the notification only referred to the Army, Navy, and Air Force, excluding other armed forces of the Union.

Eligibility Criteria for OPS:
The respondents relied on the OM dated 17.02.2020, which stated that only candidates whose final results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003 would be eligible for OPS under the CCS (Pension) Rules, 1972. They contended that since the petitioners joined the services after the NPS came into effect, they were not entitled to OPS.

Delhi High Court's View:
The Delhi High Court held that the Central Forces, under the administrative control of the Ministry of Home Affairs, were already declared as Armed Forces by the government. Therefore, the Armed Forces would be excluded from the coverage under the notification from 22.12.2003. The court referred to a previous case, Satya Dev Prajapati and Others v. Delhi High Court, where the petitioners were also denied the benefits of OPS.

Supreme Court's Intervention:
In response to the conflicting arguments, the Supreme Court has stayed the Delhi High Court's judgment and allowed for a review of the applicability of OPS to paramilitary forces. The court has emphasized the importance of adhering to the Office Memorandum issued by the Department of Pension and Pensioners' Welfare. Further proceedings will determine whether the petitioners are eligible for OPS benefits under the CCS (Pension) Rules, 1972.

Case Title: Union of India & Ors v. Pawan Kumar & Ors, SPECIAL LEAVE PETITION (CIVIL) Diary No. 19815/2023

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