SC stays HC verdict on old pension for CAPFs

Satya Prakash

New Delhi, July 9

The Supreme Court has stayed the Delhi High Court’s verdict that extended the benefit of the old pension scheme (OPS) under the Central Civil Services (Pension) Rules, 1972, to the Central Armed Police Forces (CAPF) personnel.

In a notice to the respondents (petitioner CAPF personnel before the HC), a Bench, led by Justice Sanjiv Khanna, on July 5 asked them to respond to the Centre’s petition challenging the January 11 verdict of the HC by February next year. Advocate Ankur Chhibber, who appeared on caveat on behalf of the respondents, accepted the notice.

“In the meantime, there will be stay of the operation of the impugned judgment to the extent it directs that the old pension scheme would be applicable to the paramilitary forces,” said the Bench, which also included Justice Bela M Trivedi.

The stay order came after Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati pointed out shortcomings in the HC verdict. They appeared for the petitioners and Advocate Ankur Chhibber appeared for the respondent.

“We, however, clarify the petitioners shall abide by an office memorandum dated March 3, 2023, issued by the Department of Pension and Pensioners’ Welfare, Ministry of Personnel, Public Grievances and Pensions, and to that extent, the operation of the impugned judgment has not been stayed,” it ordered. The HC order, which came on petitions by 82 CAPF personnel in 2021-22 claiming benefits of the old scheme, said the OPS would not be applicable just to the petitioners but all CAPF personnel.

Legal battle

• The Delhi HC order had come on petitions by 82 CAPF personnel in 2021-22
• The HC had made OPS applicable not only to the petitioners, but entire CAPF staff
• The stay order came after the Centre pointed out shortcomings in the Delhi HC verdict