Some states with Congress government have announced to restore the old pension scheme. The old pension scheme has been implemented in Chhattisgarh, Rajasthan, Himachal Pradesh and Punjab.

If voted to power, OPS will be restored

In Madhya Pradesh too, opposition Congress leader Kamal Nath has announced to implement old pension on coming to power. However, the Central Government has not given any clear answer regarding its implementation. Minister of State for Finance Bhagwat Karad had also given a statement in Parliament last days regarding the restoration of old pension. Meanwhile, all the personnel of the Central Armed Police Forces (CAPF) will get the benefit of the old pension scheme.

Order to issue guidelines in eight weeks

Let us tell you that in a decision by the Delhi High Court, an order has been given to restore the old pension for all the employees of the Central Armed Police Forces. The court has asked the Center to issue necessary guidelines on this within eight weeks.

Office memorandum rejected

The 2003 notification of the Ministry of Finance and an Office Memorandum (OM) of 2020 of the Department of Pension and Pensioners Welfare have been rejected by the High Court. According to the advertisement dated January 1, 2004, the personnel appointed in the Central Paramilitary Forces have been deprived of the benefits of the old pension scheme.

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The direction is part of a judgment by a bench of Justice Suresh Kant and Justice Nina Krishna Bansal, which said that the Central Armed Police Forces (CAPFs) are part of the armed forces of the central government and should be given the same benefits as them.

The benefits of Pension Scheme

OPS will be applicable to CAPF personnel as per CCS Pension Rules, 1972. The Delhi High Court Bench held that Article 246 of the Constitution envisages the Armed Forces of the Union of India to include “Naval, Military and Air Force; any other Armed Forces of the Union”, and therefore CAPF personnel are entitled to similar OPS benefits Along with this, the court has also ordered the Center to issue necessary orders within 8 weeks.

In fact, the Delhi High Court was hearing a batch of 82 petitions seeking quashing of orders denying OPS benefits to CRPF, BSF, CISF and ITBP personnel. The petitioners argued that on 22 December 2003, the Ministry of Home Affairs issued a notification for the implementation of the New Pension Scheme with effect from 1 January 2004.

Pension Scheme He said that the benefit of OPS was given to those paramilitary personnel whose recruitment process was completed by December 31, 2003, but they had joined the force after January 1. The court noted that the 2003 notification for the New Contributory Pension Scheme (NPS) mentioned that ‘with effect from January 1, 2004, the system would be mandatory for all new recruits to the service of the Central Government (except the armed forces in the first phase)’.

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Delhi High Court quashes the notification The Delhi High Court quashed a 2003 notification of the Ministry of Finance and an Office Letter (OM) of the year 2020 of the Department of Pension and Pensioners Welfare, in which the Central The personnel appointed in the paramilitary forces have been deprived of the benefits of the old pension scheme.

In this case, the personnel of the Central Reserve Police Force (CRPF), Sashastra Seema Bal (SSB), Border Security Force (BSF), Central Industrial Security Force (CISF) and Indo Tibetan Border Police (ITBP) have filed petitions.

Know what the bench of two judges said
Justice Suresh Kumar Kait and Justice Nina Bansal Krishna’s bench said, ‘It is clarified that the notification dated December 22, 2003 as well as the old pension scheme (OPS) 17 The office memorandum of February, 2020 will be applicable in Rem (directed against anything).

This means that the OPS will be applicable not only to the petitioners in this case, but to all CAPF personnel at large, the bench said. Accordingly, necessary orders may be issued within eight weeks.

The judgment was pronounced on Wednesday and uploaded on the High Court website on Thursday.

Let us tell you that demand is being raised not only from the paramilitary forces, but also from the employees regarding the old pension scheme. A decision has been taken on this in states like Rajasthan, Chhattisgarh, whereas in Himachal Pradesh also the government is preparing to take a decision on this.

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