Supreme Court stays Delhi High Court verdict making Old Pension Scheme applicable to CAPF

Tribune News Service

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.

Issuing notice to the respondents (petitioner CAPF personnel before the high court), a Bench led by Justice Sanjiv Khanna on July 5 asked them to respond to the Centre’s petition challenging the January 11, 2023, verdict of the high court by February 2024.

Advocate Ankur Chhibber, who appeared on caveat on behalf of the respondents, accepted the notice.

“In the meanwhile, there will be stay of operation of the impugned judgment to the extent it directs that the Old Pension Scheme would be applicable to the para-military 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 the shortcomings in the high court’s verdict appeared for the petitioners and Advocate Ankur Chhibber appeared for the respondent.

“We, however, clarify that the petitioners shall abide by the Office Memorandum no. 57/05/2021-P&PW(B) dated 03.03.2023 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 March 3, 2023, Office Memorandum deals with “Coverage under Central Civil Service (Pension) Rules, in place of National Pension System of those Central Government employees, who were recruited against posts/vacancies advertised/notified for recruitment on or before 22.12.2003.”

The high court’s order – which came a petitions by 82 CAPF personnel during 2021-22 claiming benefits of OPS—said OPS shall not only be applicable in the case of petitioners before it but all the personnel of CAPFs at large as the advertisements inviting applications were published, when the old pension scheme was in force.

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