In a major decision, the Delhi High Court on Wednesday ordered implementation of the old pension scheme in the Central Armed Police Forces (CAPF) terming the paramilitary forces as the “armed forces of the Union of India”.

The decision came in response to the writ petition by one Srinivas Sharma seeking implementation of the old pension scheme.

In its order, the High Court held that the CAPF is also included in the armed forces of India and new pension scheme (NPS) is not applicable to them. Whether a person is recruited in CAPF today, has been in the past or will be in future, he will be eligible for the old pension scheme, according to the order.

The old pension scheme for the paramilitary forces was scrapped for personnel who joined the forces after 2004 as the Centre was ambivalent on the status of the paramilitary forces’ personnel.

However, the old pension scheme was retained for the defence forces which too are armed forces of the Union under the command of the Defence Ministry.

The paramilitary forces, according to the respective Acts of Parliament, are also armed forces of the Union under the command of the Union Home Ministry.

Trashing the new pension scheme for the paramilitary forces, the court recognised these forces as ‘armed forces of the Union of India’.

The ambivalence in recognising the paramilitary forces as armed forces of the Union led to the adoption of the new pension scheme for the CAPF.

After January 1, 2004, all personnel recruited in Central Government jobs were excluded from the purview of the old pension, including the CAPF. However, the Government then contended that the Army, Navy and Air Force were the only armed forces of the Union Government.

The BSF Act, 1968, states that the force was constituted as an armed force of the Union of India. Similarly, the rest of the CAPFs have also been constituted as the armed forces of the Union of India.