Petitions from different forces – Old Pension Scheme is not implemented in accordance with the 1972 CCS Pension Rules in W.P.(C) 12712/2021 & connected petitions dated 11.01.2023.

* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: December 01, 2022
Pronounced on: January 11, 2023

……. Petitioners

Through: Advocate (appearance not given)

Versus

UNION OF INDIA AND ORS. ….. Respondents

Through: (see pdf)

CORAM:

HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

JUDGMENT
SURESH KUMAR KAIT, J

1. The petitioners in the above captioned petitions are employees of different forces i.e. Central Reserve Police Force (‘CRPF’), Sashtra Seema Bal (‘SSB’), Border Security Force (‘BSF’) and Central Industrial Security Force (‘CISF’) Indo Tibetan Border Police (‘ITBP’) etc., who have preferred these petitions under Article 226/227 of the Constitution of India seeking issuance of a writ of certiorari to the respondents for quashing of orders denying them the benefit of Old Pension Scheme (‘OPS’) in accordance with CCS (Pension) Rules, 1972 to them vide different Office Memorandums and Signals issued by the respondents. In addition, also sought quashing of OM dated 17.02.2020 issued by respondents to the extent it does not grant benefit of Old Pension Scheme to the personnel who have been appointed pursuant to notifications/ advertisements dated 01.01.2004.

2. The primary relief sought by the petitioners in these petitions is for grant of OPS to the personnel, who have though been appointed after 01.01.2004, but had applied for the posts prior to 01.01.2004. Since the relief sought in these petitions is similar, therefore, vide order dated 08.08.2022 [in W.P.(C) No. 3424/2022] this Court had directed that W.P.(C) No. 12712/2021 shall be treated as the lead matter and with the consent of learned counsel for the parties, Mr. Ankur Chibber, Advocate and Harish Vaidyanathan Shankar, learned Standing Counsel, were called upon to put-forth the case on behalf of the petitioners and respondents respectively.

3. Mr. Ankur Chibber, learned counsel appearing on behalf of petitioners submitted that The Special Selection Board (CPOs-2002) in June 2002 had issued an advertisement inviting applications from eligible candidates for filing up the Group ‘A’ post of Assistant Commandants in the Border Security Force, Central Reserve Police Force, Indo-Tibetan Border Police Force and Special Security Bureau (Now Sashastra Seema Bal). As per the said advertisement, the last date for applying under the said examination was 30.06.2002. The written examination was scheduled for 02.03.2003 and the successful candidates appeared for PET, Interview and Medical examination between October, 2003 till February, 2004. The final result was declared in July, 2004. The petitioners were offered appointment for the post of Assistant Commandant during the period October, 2004 till 2005. In the interregnum, vide Notification dated 22.12.2003, New Contributory Pension Scheme (‘NPS’) was implemented w.e.f. 01.01.2004, however, the said scheme was not applicable to Armed Forces, as the Forces shall be governed by the OPS already existing.

Judgement

51. There is no dispute to the position that at the time of publication of the advertisements, the OPS was in force. Also, when the advertisement itself states that the selected candidates shall be governed by the Act and Rules in force and thereafter, the Notification dated 22.12.2003 and OM dated 17.02.2020 specifically mention that the all the Central Government employees “except the armed forces”, shall be governed by the NPS, therefore, we do not find any reason for respondents to issue the appointment letters to the personnel of armed forces mentioning that “the appointee shall be governed by the new pension scheme introduced by the Government of India”. When vide Circular dated 6th August, 2004 issued by the Ministry of Home Affairs, Government of India has itself declared that the Central Forces under the administrative control of Ministry of Home Affairs are armed Forces of Union, the position cannot be disputed that the Armed Forces shall remain excluded from coverage under Notification dated 22.12.2003. We find that despite the fact that ‘armed forces’ are exception to Notification dated 22.12.2003 , however, without application of mind, have mentioned in the appointment letters of the candidates that the recruits shall be governed by NPS. Apparently, Article 246 read with List 1 Entry 2 of the VII Schedule of Constitution of India envisages Armed Forces of the Union of India includes “Naval, Military and Air Forces; any other armed forces of the Union”, so, the personnel of CAPFs deserve to get the benefit of OPS, as has been granted vide Notification dated 22.12.2003.

52. The Hon’ble Supreme Court and High Courts in various decisions have appreciated the role of armed forces in safeguarding our country. Having great respect for the personnel of forces, the Courts as well as Government of India, have always ensured that any policy decision should not be detrimental to their interest. The contents of Notification dated 22.12.2003 as well as OM dated 17.02.2020 clearly demonstrate that when policy decision to implement NPS was taken, the armed Forces of the country were kept out of its domain. Accordingly, we are of the considered opinion that the Notification dated 22.12.2003 as well as OM dated 17.02.2020 are required to be implemented in their true essence.

53. In the light of what we have observed above, we find that Notification dated 22.12.2003 as well as OM dated 17.02.2020 create a bar upon the respondents to not implement the Notification dated 22.12.2003, whereby New Contributory Pension Scheme (‘NPS’) has been executed w.e.f. 01.01.2004, upon the personnel of the paramilitary Forces i.e. Central Reserve Police Force (‘CRPF’), Sashtra Seema Bal (‘SSB’), Border Security Force (‘BSF’) and Central Industrial Security Force (‘CISF’) Indo Tibetan Border Police (‘ITBP’) (CAPFs) etc. Consequentially, the impugned Office Memorandums, Signals and Orders, to the extent it deny the benefit of Old Pension Scheme to the petitioners and similarly situated personnel of the armed forces, are hereby quashed.

54. A mandamus by way of direction is accordingly issued to the respondents to issue an Order to CAPFs mentioned above to implement the Notification dated 22.12.2003 as well as OM dated 17.02.2020 in essence noted above. It is made clear that the Notification dated 22.12.2003 as well as OM dated 17.02.2020 granting the benefit of Old Pension Scheme shall be applicable in rem. Meaning thereby, Old Pension Scheme shall not only be applicable in the case of petitioners herein but all the personnel of CAPFs at large. Accordingly, necessary orders be issued within eight weeks.

55. With aforesaid directions, these petitions and pending application, if any, are accordingly disposed of.

(SURESH KUMAR KAIT)
JUDGE

(NEENA BANSAL KRISHNA)
JUDGE
JANUARY 11, 2023

Neutral Citation Number: 2023/DHC/000201
W.P.(C) 12712/2021 & connected petitions

Download CAPF eligible for old pension scheme OPS Delhi High Court Judgement 2023 PDF

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17 MAR 2021

The details of resignation and voluntary retirement sought by the personnel of Central Armed Police Forces and Assam Rifles during the last five years are as under:

Name of the Force

VR = Voluntary retirement, R= Resignation

The number of resignation and voluntary retirement cases vary from year to year and no trend in this regard has been observed.

Voluntary Retirement Scheme for Central Government Employees

No specific study for ascertaining the reasons for voluntary retirement/resignation by Force personnel has been conducted. However, an analysis carried out by the Forces indicates that personal and domestic reasons including children/family issues, health issues of self or family members, social/family obligations and commitments, better career opportunities are some of the major reasons for voluntary retirement/resignation.

This was stated by the Minister of State for Home Affairs, Shri Nityanand Rai in a written reply to question in the Rajya Sabha today.

PIB

The post Resignation and Voluntary Retirement by Paramilitary Personnel appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

06 FEB 2019

The Ministry of Home Affairs has launched a massive recruitment drive to fill 76,578 vacancies in Central Armed Police Forces (CAPFs) by completing all the necessary ground work. Out of these, 54,953 vacancies are for the post of Constable (General Duty), the Direct Recruitment for which is going to be made through the Staff Selection Commission. For this purpose, the SSC will conduct a computer-based written examination for a month, from 11.02.2019 to 11.03.2019.

Out of 54,953, CRPF has the maximum 21,566 vacancies, followed by BSF (16,984), SSB (8,546), ITBP (4,126) and Assam Rifles (3,076); the remaining being in CISF and other CAPFs. Of the total vacancies, 7,646 vacancies are for Women and remaining 47,307 for Men.

There are 1,073 vacancies in various CAPFs at the level of Sub-Inspector (GD). BSF has the maximum 508 vacancies, followed by CRPF (274), SSB (206) and ITBP (85). Of the total vacancies, 38 vacancies are for Women and remaining 1,035 for Men. Direct Recruitment for these posts also will be made by the SSC through a written examination from 12.03.19 to 16.03.19.

At the level of Assistant Commandant (GD), there exist 466 vacancies for which Direct Recruitment is being made through the UPSC. The result of the written examination to fill these posts has been declared on 10.01.19. The shortlisted candidates will appear for Physical/Medical Examination to be conducted by the Sashatra Seema Bal (SSB), the nodal force, from 25.02.19 onwards.

In addition, 20,086 vacancies pertain to Promotional Posts and in other cadres such as Tradesman/Ministerial/Medical/Paramedical/Communication/ Engineering etc. and these are also being filled by the CAPFs. Thus, in all 76,578 vacancies are getting filled up.

PIB

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Soldiers and officers of various army and para-military units like CRPF, BSF, BRO, ITBP, etc. are deployed in remote and far flung areas to protect Borders of India. The soldiers and officers are working day and night without bothering about difficult weather conditions and as they are posted away from their homes and headquarters, there is a constant requirement for them to speak to their family and also to their Headquarters. They use only DSPT service provided by BSNL because there is no other means of communications available in those areas.

Briefing the media here, the Minister of Communications Shri Manoj Sinha said that in order to use the facility of DSPT, the soldiers & officers at present are required to pay monthly fee of Rs.500/- and call charges of Rs.5/- per minute. But, looking at the requirement of Soldiers & Officers and also the heavy cost they have to incur for talking to their family members, government has taken an important decision on the auspicious occasion of Diwali. Shri Sinha said, from Diwali day (19th October, 2017), no monthly fee will be taken for using DSPT service, that is, the current monthly fee of Rs.500/- will be ‘Zero’ from tomorrow. And also, the present telephone charges of Rs.5/- per minute is being reduced to Re.1/- per minute.

With this special Diwali Gift from Government of India, Defence personnel can now talk without worrying for more expenses to their home and their Headquarter. The Minister also wished the jawans and officers and their family members A Very Happy Diwali.

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New Delhi: Union Home Minister Rajnath Singh on Sunday launched the website ‘Bharat Ke Veer’, to facilitate monetary contribution to the kin of Central Reserve Police Force (CRPF) personnel killed in action.

The Home Minister launched the website on the occasion of the ‘Shaurya Diwas’, which was organised to facilitate the CRPF with bravery awards and medals.

Bollywood actor Akshay Kumar, the brainchild behind the website was also present at the ceremony.

Any jawan sacrificing his life for the nation will not get less than Rs 1 Crore as the support fund. Also, I have spoken to states and if any disparity in the compensation between one state to other will be filled by the Ministry of Home Affairs (MHA), Singh said at the occasion.

He also said praised the Indian Armed Forces for bringing down the naxalism by 45 to 50 percent and terrorism by 70 to 75 percent in North-east.

“One can witness the big heart of the jawans and officers of the forces on whom some people in Kashmir pelt stones, that in case of difficulties, floods it is the same jawans and officers go to help them. The situation in Kashmir will also change,” he said.

Akshay Kumar who was also present on the occasion thanked the Home Minister for taking his advice so seriously and implementing it.

Akshay, who has recently won National Award in the ‘Best Actor’ category, for ‘Rustom’, has always been contributing for such cause.

Recently, the actor donated Rs. nine lakh each to the families of the 12 Central CRPF personnel, who were killed during an encounter with the Naxalites on March 11 in Chhattisgarh’s Sukma district.

The website ‘bharatkeveer.gov.in’ is launched for the people willing to contribute toward the families of the bravehearts who sacrifices their lives in line of duty for the nation.

ANI

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Amidst complaints of poor quality food being served to jawans, Home Minister Rajnath Singh today directed all paramilitary forces to ensure that quality food is served to all personnel under their rolls.

At a high-level meeting, attended by Directors General of CRPF, BSF, CISF, SSB, ITBP etc., the Home Minister said that the food served to the jawans and others should be good and there should be no room for any complaint, according to official sources.

Singh said paramilitary personnel are deployed in hostile and difficult terrain and if bad food is served they would be demoralised.

The paramilitary personnel should always be served with quality food and the chiefs of the organisations must ensure that, he said.

The Home Minister is also learnt to have expressed his unhappiness over more than 160 CRPF jawans falling ill in Kerala due to food poisoning recently.

There have been several complaints in the past regarding poor quality food being served to paramilitary jawans, leading to the Home Ministry ordering an inquiry.

PTI

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Risk Allowances

The Central Armed Police Force (CAPF) personnel deployed in LWE affected areas are entitled to Risk Allowance equivalent to rates of either Counter Insurgency (Operations) Field Area Allowance or Counter Insurgency (Operations) Modified Field Area Allowance admissible to Army, depending on their place of posting. The personnel of the Commando Battalion for Resolute Action (CoBRA) of CRPF deployed in LWE areas, are entitled to an allowance at the rate of 80% of Marine Commandos (MARCOS) Allowance.

The above information given by the Minister of Home Affairs Shri Kiren Rijiju in a written reply to a question in Lok Sabha today.

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Teachers/Computer Instructor/Vocational Instructor /Counselor

Eligibility : Any Graduate, Any Post Graduate, BSc, BE/B.Tech, BEd, Diploma, BA

Location : Imphal

Last Date : 17 Mar 2017

Job Type : Part Time

Kendriya Vidyalaya – Job Details Date of posting:03 Mar 17

Ref. No. F. 17820/KV-Langjing/2016-17/

Teachers/Computer Instructor/Vocational Instructor /Counselor recruitment in Kendriya Vidyalaya GC CRPF Langjing Imphal Manipur

1. Post Graduate Teachers (PGT) – English, Hindi, Maths, Physics, Chemistry, Biology, Computer Science, History, Geography, Political Science, Economics, Commerce. Qualification: Master’s Degree or equivalent in the concerned Subject with at least 50% marks and B.Ed.

Remuneration: Rs.32500

2. Trained Graduate Teachers (TGT): a. Qualification: Bachelor’s Degree with at least 50% marks in the concerned subjects/ combination of subjects and in aggregate. The electives subjects and Languages in the combination of subjects as under:

(i) TGT (Sanskrit, English, Hindi): Having respective subjects as a subject in all the three years of Degree Course.

(ii) TGT (Social Science): Having any two of the following: History, Geography, Economics and Pol. Science of which one must be either History or Geography.

(iii) TGT (Maths) – Degree in Maths with any two of the following subjects: Physics, Chemistry, Electronics, Computer Science and Statistics. (iv) TGT (Science) – Bachelor’s Degree in Botany, Zoology and Chemistry. b. Pass in the Central Teacher Eligibility Test (CTET), conducted by CBSE in accordance with the Guidelines framed by the NCTE for the purpose or B.Ed. Proficiency in teaching Hindi and English medium.

Remuneration: Rs.31250

3. Primary Teachers (PRT): Qualification: Senior Secondary School Certificate with 50% marks or Intermediate with 50% marks or its equivalent & Pass in the Central Teacher Eligibility Test (CTET Primary) conducted by the CBSE in accordance with the Guidelines framed by the NCTE for the purpose or JBT/B.El.Ed/D.El.Ed.. Competence to teach through Hindi & English media.

Remuneration: Rs.26250

4. PRT(Music): Qualification: Senior Secondary School Certificate with 50% marks or Intermediate with 50% marks or its equivalent and Bachelor Degree in Music or equivalent from a recognized University. Competence to teach through English/Hindi media.

5. Relaxation: Where suitable CTET or B.Ed or B.El.Ed or D.El.Ed candidates are not available for PGTs, TGTs and PRTs, such may be relaxed as per extant rules of KVS.

6. Computer Instructor: Qualification: B.E/B.Tech (computer science) or post Graduate Degree in any subject with post graduate diploma in computer application from Govt. recognized institution or equivalent qualification. Preference will be given to those who have training & experience in hardware.

Remuneration: Rs. 31250/- per month.

7. Vocational Instructor: Taekwondo Instructor/Coach: B.P. Ed./Senior National Certificate holder/Coaching diploma or Equivalent and experience in the respective field.

Remuneration: Rs. 26250

8. Counselor: BA/B.Sc in Psychology and one year Diploma in Counselling. Desirable – Minimum one year experience in providing career/educational counseling to students at schools or experience/ knowledge of working in placement bureaus or registration with rehabilitation council of India as vocational counselor.

Remuneration – Same as TGT

9. Yoga Teacher – Bachelor’s Degree with one year training in Yoga from recognized university. Remuneration – Same as TGT

10. Nurse: Qualification – Diploma/Degree in Nursing; Remuneration – Rs. 750/- per day.

Desirable for All Posts: Knowledge of Computer Applications and proficiency to teach in English and Hindi.

Hiring Process : Walk – In

Job Role: Teacher / Trainer

How to apply

Only Online Application will be accepted. Last Date for Online Form Submission is 17th March 2017.

An interview will be conducted on 28 March 2017.

Results will be declared on the day of interview after 6:00 pm. Selected candidates will be required to join duty by 01 April 2017.

Click Here for job Details & Apply Online

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The Managing Director of LG Electronics India, Mr. Kim Ki Wan handed over a cheque of Rupees One Crore to the Union Home Minister Shri Rajnath Singh here today towards contribution to the CRPF Welfare Fund, which is dedicated to the soldiers. Mr. Kim said the Company, in its 20th year of inception, salutes the spirit of Indian soldiers who courageously sacrifice their lives to protect the country.

The contribution is part of the #KarSalaam initiave, dedicated to Indian soldiers, launched by the Company prior to the Republic Day last month. The campaign invited the whole nation to come forward and send their wishes to the Indian Armed Forces. LG rolled out this campaign through radio, digital, outdoor and activities at shopping malls to capture the messages and wishes of the citizens of India for our soldiers. The company also engaged the people through social media platforms and encouraged them to share their wishes on the microsite www.karsalaam.in, where more than 1,93,000 wishes written by citizens of the country were collected from all across the country.

PIB

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Based on the results of the Central Armed Police Forces (Assistant Commandants) Examination, 2016 held by UNION PUBLIC SERVICE COMMISSION on 26th June, 2016 and the interviews for Personality Test held from 9th January to 2nd February 2017, the following is the list, in order of merit, of candidates who have been recommended for appointment to the posts of Assistant Commandants (Group A) in the Central Armed Police Forces viz. Central Reserve Police Force (CRPF), Border Security Force (BSF), Indo-Tibetan Border Police (ITBP) and Sashastra Seema Bal (SSB).

A total number of 189 candidates have been recommended for appointment as per the following break-up:-

Appointments to the various services shall be made by the Government according to the number of vacancies available and subject to the candidates fulfilling all the prescribed eligibility conditions/provisions contained in the Rules for the Examination and verifications, wherever due, being completed satisfactorily. Allotment to various services shall be made according to the merit obtained and preference of services given by candidates.

The number of vacancies reported by the Govt. to be filled are as under:

*incl. 10% of total vacancies reserved for Ex-Servicemen

The candidature of 22 recommended candidates with following Roll Nos. is provisional:

In accordance with Rule 16 (4) and (5) of the Central Armed Police Forces (Assistant Commandants) Examination, 2016, the Commission is maintaining a consolidated Reserve List of candidates ranking in order of merit below the last recommended candidate under respective categories which are as under:

Union Public Service Commission has a ‘Facilitation Counter’ near Examination Hall Building in its Campus. Candidates may obtain any information /clarification regarding their Examination/recruitments on working days between 10:00 hours to 1700 hours in person or over Telephone Nos. 011-23385271/ 23381125. The result will also be available on the U.P.S.C. Website i.e. www.upsc.gov.in. However, marks are likely to be available on the website within 15 days from the date of declaration of Result.

Click here for full list

Source: PIB News

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