Lok Sabha Question No. 876 (UNSTARRED), answered on 2018-12-14
Subject: Reversion to OPS
Ministry: FINANCE
Asked by: KIRTI (JHA) AZAD, BHARATI DHIRUBHAI SHIYAL, RAMESH CHANDER KAUSHIK

## GOVERNMENT OF INDIA MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES *****

## LOK SABHA UN STARRED QUESTION NO. 876 TO BE ANSWERED ON DECEMBER 14, 2018/AGRAHAYANA 23, 1940 (SAKA) REVERSION TO OPS

876. Shri Kirti Azad, Dr. Bharatiben D. Shyal, and Shri Ramesh Chander Kaushik:

Will the Minister of FINANCE be pleased to state

- (a) whether  as  per  the  directions  of  Honourable  High  Court,  the  Government  has  opted for/taken  decision  to  shift  to  Old  Pension  Scheme  from  New  Pension  System  (NPS)  for hundreds  of  such  personnels  of  paramilitary  forces,  for  whom  the  advertisement  of  posts was issued before 1st January, 2004 examination was held before the said date but whose joining took place in the year 2004 or thereafter;
- (b) if so, the details thereof along with the criteria adopted for the same;
- (c) whether the Government is likely to identify such staff of other Ministries/ Departments of Central Government also coming under NPS and revert them back to Old Pension Scheme; and
- (d) if so, the details thereof along with the time limit set in this regard?

## ANSWER

The Minister of State in the Ministry of Finance (Shri Shiv Pratap Shukla)

(a) and (b) Consequent upon the order and judgement dated 12.02.2015 in WP(C) No. 3834/2013 and dated 27.03.2017 in WP(C) No.39335/2017 of Hon'ble High Court of Delhi, Ministry of Home Affairs after due consultation with the Department of Pension & Pensioners' Welfare (DoP&PW) and Ministry of Law & Justice, has taken a decision to extend the benefits of Old Pension Scheme to  the  petitioners  who  had  participated  in  CPOs  (SI)  2002  examination  but  were  offered  joining letter by the Border Security Force (BSF) only in 2004 due to administrative reasons.

(c)  &  (d)  In  the  above  case,  the  judicial  orders  were  implemented  by  the  Ministry  of  Home Affairs/Border Security Force in view of the peculiar and specific circumstances of the case. The Department of Pension & Pensioners' Welfare has informed that the decision taken in that case is not relevant for deciding applicability of National Pension System / Central Civil Service (Pension) Rules to all appointments made on or after 01.01.2004 in the Central Para Military Forces or in any other Department/organization. In accordance with the Scheme for National Pension System (NPS), as notified vide Ministry of Finance (Department of Economic Affairs)'s Notification No.5/7/2003ECB  &  PR  dated  22.12.2003,  the  System  is  mandatory  for  all  new  recruits  to  the  Central Government  service  (except  armed  forces)  from  01.01.2004.  Accordingly,  as  per  Rule  2  of  the Central Civil Services (Pension) Rules, 1972, as amended on 30.12.2003, these rules are applicable to  Government servants appointed to civil posts on or before 31.12.2003. The date on which the vacancies arose, or the date on which the examination was conducted for filling up the vacancies is not relevant for deciding the applicability of the Central Civil Services (Pension) Rules, 1972.

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