Plea in Delhi HC seeking removal of disparity in pensionary benefit to paramilitary personnel withdrawn

A trust, in a petition, had urged the Delhi High Court to issue directions to the Centre 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 The plea was withdrawn by the petitioner on Thursday.

The high court noted that similar kinds of petitions are already being examined by other benches of the Delhi High Court. Thereafter, the petitioner sought to withdraw the plea with liberty to avail of other remedies.

A Division Bench of Chief Justice DN Patel and Justice Rajiv Sahai Endlaw allowed the petitioner to withdraw the plea. However, the court has granted the petitioner liberty to move a Civil Miscellaneous application in pending matters or avail of other legal remedies for his grievances.

The petition was filed by petitioner Humara Desh Humare Jawan Trust through advocate Ajay Kumar Agarwal.

In the plea, the trust had sought to issue directions to 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 as is given to the Armed forces personnel under the Ministry of Defence.

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 i.e. Army, Airforce and Navy, and Armed Forces which come under the Ministry of Home Affairs i.e. 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 petitioner trust preferred the present writ petition with a prayer seeking issuance of a writ of mandamus directing the respondents to extend the benefit of the existing old pension scheme to the Armed Forces under the Ministry of Home Affairs, which Include BSF, CISF, CRPF, ITBP, NSG, Assam Rifles and SSB. The respondents are denying illegally the old pension scheme to the Armed Forces under the Ministry of Home Affairs while allowing the same to the Armed Forces under the Ministry of Defence, the petitioner said.

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 the 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.

( With inputs from ANI )