OPS Applicable To CAPF Personnel? Supreme Court Confirms Stay On Delhi HC Order

In January 2023, The Delhi High Court held that OPS is also applicable to Central Armed Police Forces (CAPF)

In July, 2023, the Supreme Court passed an interim stay order on this high court ruling.

Source : PTI

In the latest development in the matter pertaining to the Old Pension Scheme (OPS) for Paramilitary Forces, the Supreme Court on Monday confirmed the interim stay it had earlier imposed on the Delhi High Court order.

In January 2023, The Delhi High Court held that OPS is also applicable to Central Armed Police Forces (CAPF) and all the CAPF personnel are entitled to get OPS benefits, as has been granted vide Notification dated December 22, 2003.

In July, 2023, the Supreme Court passed an interim stay order on this high court ruling.

Today, a bench of Justices Sanjiv Khanna, Sanjay Kumar and R Mahadevan passed the order while granting leave to Centre to appeal against a Delhi High Court order. The top court declined the request for a fixed date of hearing the matter but said that the parties could appeal for an early hearing. The court said that the matter will take some time, the live law reported.

The petitioners had moved the high court contending that despite several court observations and orders holding that the paramilitary forces were armed forces of the Union, they were being denied benefits of OPS. They sought quashing of orders denying them the benefit of OPS in accordance with CCS (Pension) Rules, 1972 to them vide different Office Memorandums and Signals issued by the Centre.

The petitioners had sought quashing of the office memorandum dated February 17, 2020, issued by Centre to the extent it does not grant the benefit of the Old Pension Scheme to the personnel who have been appointed pursuant to notifications/ advertisements dated January 01, 2004.

 

The petitioners included personnel of Central Reserve Police Force, Sashtra Seema Bal, Border Security Force and Central Industrial Security Force, Indo Tibetan Border Police etc. They argued that they should be covered under the OPS, as in the case of the Indian Army, Air Force and Navy.