Old Pension Scheme (OPS) Benefits shall extend to BSF recruits though they have been appointed after the year 2003: Delhi High Court

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 6th December 2021 W.P.(C) 7139 2020 & CM No.29619 2020 SI GD SUDESH KUMAR& ORS Petitioners Through Mr.Nikhil Palli Adv. Through Ms.Mrinalini Sen CGSC UNION OF INDIA & ORS. HON BLE MR. JUSTICE MANMOHAN HON BLE MR. JUSTICE NAVIN CHAWLA ..... Respondents NAVIN CHAWLA J.This petition has been filed by the petitioners seeking a direction to the respondents to extend the benefit of Old Pension Scheme to the petitioners. The petitioners further challenge the order dated 30.04.2019 passed by the Commandant 27 Bn Boarder Security Force rejecting the representations of the petitioners for grant of the OPS benefit. It is the case of the petitioners that pursuant to the advertisement by the Frontier Headquarters BSF Rajasthan & Gujarat in August 2003 the petitioners applied for the post of Constablehereinafter referred to as ‘Constable in the BSF. The advertisement mentioned that the selection would be State or Union Territory wise and would be based on the physical efficiency test WP(C) 7139 2020 followed by a written test and an interview and the same would be subject to a medical examination as per BSF standards. The petitioners further assert that the respondent no.1 vide order dated 04.08.2003 issued the guidelines to carry out the selection process with a direction to the respondent no.2 to conclude the selection process by 31.10.2003 so that the selected candidates can be dispatched to their respective training centers before 15.12.2003 for their Basic Recruitment Training to start from 01.01.2004. They further submit that the medical examination which was to be concluded in November 2003 was in fact conducted on various dates between the end of December 2003 to February 2004 only on account of non availability of the concerned medical officer. Due to such delay in medical examination the petitioners were issued call letters only in February 2004 and therefore the delay in completion of recruitment process is not attributable to the petitioners. The learned counsel for the petitioners placed reliance on the judgment of this Court to contend in similar circumstances this Court has extended the OPS benefit to the members of the Armed Forces where the recruitment process had been initiated prior to December 2003 however was not concluded before 31.12.2003 for reasons attributable to the respondents. On the other hand the learned counsel for the respondents submits that the BSF Force HQ allotted total 9617 vacancies for recruitment of Constablefor the recruitment year 2003 to all the recruiting Agencies of the BSF for independently conducting recruitment and appointment to the rank of Constable in their WP(C) 7139 2020 respective States and Union Territories. The STC BSF Jodhpur Centre was allotted 160 vacancies. The recruitment process was conducted with effect from 05.12.2003. The Board of Officers submitted the board proceedings to the Competent Authority on 07.01.2004 which was approved by the IG BSF Rajasthan and Gujarat Frontier Jodhpur on 10.01.2004. Vide Signal dated 22.01.2004 the FHQ BSF New Delhi directed that call letters be issued to the fit and eligible candidates. As a consequence of this process the petitioners were issued the Offer of Appointment on 04.02.2004 and thereafter they joined services in the month of March 2004. In the meantime the Ministry of Finance vide notification dated 22.12.2003 had introduced the New Pension Scheme with effect from 01.01.2004 and thus the petitioners are not entitled to be governed by the OPS. Learned counsel for the respondents places reliance on the Office Memorandum dated 17.02.2020 and submits that the OPS benefit cannot be granted to the employees whose result for recruitment was declared on or after 01.01.2004. 7. We have considered the submissions made by the learned counsels for the parties. The issue raised in the present petition is no longer res intergra and has been considered by this Court in various judgments including the one pronounced as recently as 02.12.2021 by this Bench in Bharat Singh & Ors. vs. Union of India & Ors. W.P.(C) 5079 2020. In view of the above the present writ petition is allowed and the respondents are directed to extend the OPS benefit to each of the WP(C) 7139 2020 petitioners and pass consequential orders within a period of eight Accordingly the writ petition along with pending applications weeks from today. stand disposed of. NAVIN CHAWLA J MANMOHAN J DECEMBER 6 2021 Arya AB WP(C) 7139 2020 

Summary: The issue is whether the 2003 BSF recruits who were actually recruited in 2004 are eligible for the old pension scheme benefits. This was decided in the case of SI/GD Sudesh Kumar v. Union of India &amp; Others, on 6th December 2021, by Hon’ble Mr. Justice Manmohan &amp; Hon’ble Mr. Justice Navin Chawla. 
The facts of case are that pursuant to the advertisement by the Frontier Headquarters BSF, Rajasthan &amp; Gujarat in August, 2003, the petitioners applied for the post of Constable (General Duty) (hereinafter referred to as ‘Constable (GD)’) in the BSF. The respondent no.1 vide order dated 04.08.2003 issued the guidelines to carry out the selection process with a direction to the respondent no.2 to conclude the selection process by 31.10.2003, so that the selected candidates can be dispatched to their respective training centers before 15.12.2003 for their Basic Recruitment Training to start from 01.01.2004. Further, the medical examination, which was to be concluded in November, 2003, was in fact conducted on various dates between the end of December, 2003 to February, 2004 only on account of non-availability of the concerned medical officer. Due to such delay in medical examination, the petitioners were issued call letters only in February, 2004 and therefore, the delay in completion of recruitment process is not attributable to the petitioners.

The counsel for petitioners placed reliance on the various judgment of this Court to contend that in similar circumstances, this Court has extended the OPS benefit to the members of the Armed Forces where the recruitment process had been initiated prior to December, 2003, however, was not concluded before 31.12.2003 for reasons attributable to the respondents.

The Counsel for the respondents places reliance on the Office Memorandum dated 17.02.2020 and submits that the OPS benefit cannot be granted to the employees whose result for recruitment was declared on or after 01.01.2004. Further, the Ministry of Finance vide notification dated 22.12.2003 had introduced the New Pension Scheme with effect from 01.01.2004 and thus, the petitioners are not entitled to be governed by the Old Pension Scheme.

After considering the arguments put forth by both the counsels, the Court had decided that the present petition is no longer res-intergra and has been considered by this Court in various judgments, including the one pronounced as recently as 02.12.2021 by this Bench in Bharat Singh &amp; Ors. vs. Union of India &amp; Ors., W.P.(C) 5079/2020. The present writ petition was allowed and the respondents are directed to extend the OPS benefit to each of the petitioners and pass consequential orders within a period of eight weeks from that day.

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Reviewed by Revanth.
 The facts of case are that pursuant to the advertisement by the Frontier Headquarters BSF, Rajasthan &amp; Gujarat in August, 2003, the petitioners applied for the post of Constable (General Duty) (hereinafter referred to as ‘Constable (GD)’) in the BSF. The respondent no.1 vide order dated 04.08.2003 issued the guidelines to carry out the selection process with a direction to the respondent no.2 to conclude the selection process by 31.10.2003, so that the selected candidates can be dispatched to their respective training centers before 15.12.2003 for their Basic Recruitment Training to start from 01.01.2004. Further, the medical examination, which was to be concluded in November, 2003, was in fact conducted on various dates between the end of December, 2003 to February, 2004 only on account of non-availability of the concerned medical officer. Due to such delay in medical examination, the petitioners were issued call letters only in February, 2004 and therefore, the delay in completion of recruitment process is not attributable to the petitioners. 
The counsel for petitioners placed reliance on the various judgment of this Court to contend that in similar circumstances, this Court has extended the OPS benefit to the members of the Armed Forces where the recruitment process had been initiated prior to December, 2003, however, was not concluded before 31.12.2003 for reasons attributable to the respondents.

The Counsel for the respondents places reliance on the Office Memorandum dated 17.02.2020 and submits that the OPS benefit cannot be granted to the employees whose result for recruitment was declared on or after 01.01.2004. Further, the Ministry of Finance vide notification dated 22.12.2003 had introduced the New Pension Scheme with effect from 01.01.2004 and thus, the petitioners are not entitled to be governed by the Old Pension Scheme.

After considering the arguments put forth by both the counsels, the Court had decided that the present petition is no longer res-intergra and has been considered by this Court in various judgments, including the one pronounced as recently as 02.12.2021 by this Bench in Bharat Singh &amp; Ors. vs. Union of India &amp; Ors., W.P.(C) 5079/2020. The present writ petition was allowed and the respondents are directed to extend the OPS benefit to each of the petitioners and pass consequential orders within a period of eight weeks from that day.

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Reviewed by Revanth.
 The counsel for petitioners placed reliance on the various judgment of this Court to contend that in similar circumstances, this Court has extended the OPS benefit to the members of the Armed Forces where the recruitment process had been initiated prior to December, 2003, however, was not concluded before 31.12.2003 for reasons attributable to the respondents. 
The Counsel for the respondents places reliance on the Office Memorandum dated 17.02.2020 and submits that the OPS benefit cannot be granted to the employees whose result for recruitment was declared on or after 01.01.2004. Further, the Ministry of Finance vide notification dated 22.12.2003 had introduced the New Pension Scheme with effect from 01.01.2004 and thus, the petitioners are not entitled to be governed by the Old Pension Scheme.

After considering the arguments put forth by both the counsels, the Court had decided that the present petition is no longer res-intergra and has been considered by this Court in various judgments, including the one pronounced as recently as 02.12.2021 by this Bench in Bharat Singh &amp; Ors. vs. Union of India &amp; Ors., W.P.(C) 5079/2020. The present writ petition was allowed and the respondents are directed to extend the OPS benefit to each of the petitioners and pass consequential orders within a period of eight weeks from that day.

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Reviewed by Revanth.
 The Counsel for the respondents places reliance on the Office Memorandum dated 17.02.2020 and submits that the OPS benefit cannot be granted to the employees whose result for recruitment was declared on or after 01.01.2004. Further, the Ministry of Finance vide notification dated 22.12.2003 had introduced the New Pension Scheme with effect from 01.01.2004 and thus, the petitioners are not entitled to be governed by the Old Pension Scheme. 
After considering the arguments put forth by both the counsels, the Court had decided that the present petition is no longer res-intergra and has been considered by this Court in various judgments, including the one pronounced as recently as 02.12.2021 by this Bench in Bharat Singh &amp; Ors. vs. Union of India &amp; Ors., W.P.(C) 5079/2020. The present writ petition was allowed and the respondents are directed to extend the OPS benefit to each of the petitioners and pass consequential orders within a period of eight weeks from that day.

Click here to view the Judgement

Reviewed by Revanth.
 After considering the arguments put forth by both the counsels, the Court had decided that the present petition is no longer res-intergra and has been considered by this Court in various judgments, including the one pronounced as recently as 02.12.2021 by this Bench in Bharat Singh &amp; Ors. vs. Union of India &amp; Ors., W.P.(C) 5079/2020. The present writ petition was allowed and the respondents are directed to extend the OPS benefit to each of the petitioners and pass consequential orders within a period of eight weeks from that day. 
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Reviewed by Revanth.
 Click here to view the Judgement