Plea seeking removal of disparity in pensionary benefits to paramilitary personnel moved in Delhi HC
Aug 19, 2021
New Delhi [India], August 19 : An application has been filed in the Delhi High Court seeking to remove the disparity in pensionary benefit and to extend the same benefit (old Pension Scheme) to the paramilitary personnel under the Ministry of Home as is given to the Armed forces personnel under the Ministry of Defence.
The application has been filed by a Petitioner Humara Desh Humare Jawan Trust through advocate Ajay Kumar Agarwal.
In his plea, the petitioner sought to direct the respondents to remove the disparity in
pensionary benefit and to extend the same benefit (old Pension Scheme) to the personnel of Armed Forces under the Ministry of Home--BSF, CISF, CRPF, ITBP, NSG, Assam Rifles and SSB as is given to the Armed forces personnel under the Ministry of Defence--Army, Navy
and Air Force.
The applicant has sought to tag his petition with other ongoing similar petitions being examined by the Delhi High Court.
Earlier, on August 12 the petitioner has withdrawn his petition with liberty to use other legal remedies relating to his grievances. The court, on August 12, had granted him liberty to move a civil miscellaneous application in pending matters or avail other legal remedies for his grievances after it noted that similar kinds of petitions are already being examined by other benches of the Delhi High Court.
The petitioner said that the Trust is working for the cause of Armed Forces personnel of the country and their families These include forces that come under the Ministry of Defence--Army, Air Force and Navy and Armed Forces which come under the Ministry of Home Affairs--Border Security Force, Central Industrial Security Force, Central Reserve Police Force, Indo Tibetan Border Police, National Security Guard, Assam Rifles and Shashastra Seva Bal.
The controversy arose when a new contributory pension scheme was launched vide notification dated December 22 2003 by the Ministry of Finance for new entrants to Central Government service, which is not applicable to the Armed Forces of the Union. It is submitted that the Forces as mentioned above under the Ministry of Home Affairs are also the Armed Forces of the Union as the Armed Forces under the Ministry of Defence in terms of clarification letter dated August 6, 2004, issued by Ministry of Home Affairs, Central Government.
That vide clarification letter dated August 6, 2004, by the Government of India, the Central Forces under the Administrative Control of Ministry of Home Affairs had been declared as Armed Forces of Union which included - BSF CISF CRPF ITBP, NSG, SSB and Assam Rifles, the petitioner said.
