M. R. GURJAR Vs. UNION OF INDIA

JUDGEMENT

(1.) These Petitions have been filed by Petitioners who are Personnel Below Officer Rank (PBOR) in the Central Reserve Police Force (CRPF), Border Security Force (BSF), Sashastra Seema Bal (SSB) and Indo-Tibetan Border Police (ITBP). All the petitioners applied pursuant to the notification dated September 2003 and June 2003 for the post of Constable/GD in Central Armed Police Forces and Sub-Inspectors through Staff Selection Commission and qualified in the said examination of 2003. On the basis of the advertisement, the Old Pension Scheme under the CCS (Pension) Rules, 1972 was applicable. The New Contributory Pension Scheme was introduced by a notification dated 22nd December, 2003 and implemented with effect from 1st January, 2004.

(2.) Learned counsel for the petitioners state that by a notification dated 22nd December 2003, it was stipulated that the new scheme would not be applicable to Armed Forces and that they would be governed by the Old Pension Scheme. They point out that the Ministry of Home Affairs ('MHA') by a communication dated 6th August, 2004, has clarified that the CRPF and ITBP is an Armed Force of the Union of India under the administrative control of the MHA and that even the Section 3(i) of the CRPF Act and Section 4 (i) of the ITBP Act clearly provides that there shall continue to be an Armed Force maintained by the Central Government and called the 'CRPF', 'BSF', 'SSB' and 'ITBP'.

(3.) They submit that even Article 246 read with List I Entry II of the Seventh Schedule of the Constitution of India clearly envisages Armed Forces of Union of India and includes Naval, Military and Air Force, any other Armed Force of the Union. They further submit that the Apex Court in the case of Akhilesh Prasad v Union Territory of Mizoram , 1981 2 SCC 150, has categorically held that the sub-section itself declares in no uncertain terms that CRPF is an Armed Force of the Central Government which is the same thing as saying that it is a part of the Armed Force of the Union and that being the position, even as per the notification dated 22nd December, 2003, the scheme of New Pension Scheme has been excluded from the Armed Forces of the Union.