SC stays extension of Old Pension Scheme to paramilitary forces personnel inducted after 2004
The court clarified that government employees who were recruited before 2004 remain eligible for the scheme.
The Supreme Court has stayed a Delhi High Court order directing that the Old Pension Scheme will be applicable to Central Armed Police Forces, reported Bar and Bench on Monday.
On January 11, the High Court had ruled that the Central Armed Police Forces are a part of the armed forces and hence should be given benefits under the Old Pension Scheme, which is applicable to the Army, Navy and Air Force.
The verdict was passed on a batch of 82 petitions filed by personnel of the Central Reserve Police Force, Shashtra Seema Bal, Border Security Force, Central Industrial Security Force and Indo Tibetan Border Police seeking to quash government orders denying them the benefit of the Old Pension Scheme.
However, on July 5, a Supreme Court bench of Justices Sanjiv Khanna and Bela M Trivedi passed the stay order after an appeal was filed by the Central government. The court has posted the case for further consideration in February 2024, reported Bar and Bench.
The judges, however, clarified that the government employees whose recruitment had begun before 2004 remain eligible for the Old Pension Scheme.
The petitioners had contended that those who were appointed after New Pension Scheme came into force due to administrative delay of the government must get the benefit of Old Pension Scheme, reported Live Law.
The New Pension Scheme had replaced the old system on January 1, 2004, and was applicable to all new entrants to central government services, excluding the Army, Navy and Air Force.
Under the new scheme, all government employees have to contribute 10% of their salary (basic pay and dearness allowance) every month. But the under old system, employees were not required make this contribution.