KARAMVIR SINGH & ORS.  Vs UNION OF INDIA & ORS.

W.P.(C) 8208/2020 & connected Page 1 of 10
$~Suppl. -50 to 65

* IN THE HIGH COURT OF DELHI AT NEW DELHI

50
+ W.P. (C) 8208/2020
SI/MIN M.R. GURJAR AND ORS …..Petitioner s
Through: Mr. Nikhil Palli, Advocate.
Versus
UNION OF INDIA AND ORS …..Respondents
Through: Mr. Rak esh Kumar, CGSC.

WITH
51
+ W.P. (C) 9252/2020
SHABAD PRAKAASH PUNIA AND ORS …..Petitioner s
Through: Mr. Ankur Chhibber, Advocate.
Versus
UNION OF INDIA AND ORS. …..Respondents
Through: Mr. Arun Bhardwaj, CGSC for UOI.

WITH
52
+ W.P. (C) 9311/2020
JASVIR SINGH, No.04254893 & ORS. …..Petitioner s
Through: Mr. Nikhil Palli, Advocate.
Versus
UNION OF INDIA & ORS. …..Respondents
Through: None.

WITH
53
+ W.P. (C) 5075/2020

SUDESH KUMAR SINGH AND ORS …..Petitioner s
Through: Mr. Ankur Chhibber, Advocate.
2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 2 of 10
Versus
UNION OF INDIA AND ORS. …..Respondents
Through: Mr. Manish Mohan, CGSC with
Mr. Manisha Saroha and
Mr. Sameer Sinha, Advocates.
WITH
54
+ W.P. (C) 5080/2020

SUJAN SINGH YADAV & ORS. …..Petitioner s
Through: Ms. Ankita Patnaik, Advocate.
Versus
UOI & ORS. …..Respondents
Through: Ms. Shiva Lakshmi, CGSC with
Mr. Siddharth Singh, Advocate.

WITH
55
+ W.P. (C) 5443/2020
PRASIDDH NARAIN AND ORS. …..Petitioner s
Through: Ms. Ankita Patnaik, Advocate.
Versus
UNION OF INDIA AND ORS …..Respondents
Through: Mr.Nirvikar Verma and
Mr.Shomendu Ghosh, Advocates for
R/UOI.
WITH
56
+ W.P. (C) 5444/2020
PRAVEEN KUMAR AND ORS …..Petitioner s
Through: Ms. Ankita Patnaik, Advocate.
Versus

2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 3 of 10
UNION OF INDIA AND ORS …..Respondents
Through: Mr. Jaswinder Singh, Advocate.

WITH
57
+ W.P. (C) 5445/2020
KULESH KUMAR PATEL AND ORS …..Petitioner s
Through: Ms. Ankita Patnaik, Advocate.
Versus
UNION OF INDIA AND ORS …..Respondents
Through: Mr. Tanveer Ahmed Ansari,
Advocate.
WITH
58
+ W.P. (C) 5447/2020
GAIKWAD VALMIK S AND ORS …..Petitioner s
Through: Ms. Ankita Patnaik, Advocate.

Versus
UNION OF INDIA AND OTHERS …..Respondents
Through: Mr. Pardeep Kumar Sharma,
Advocate.

WITH
59
+ W.P. (C) 11097/2019
AMAR KUMAR …..Petitioner
Through: Mr. Anil Kumar Sahu, Advocate.
Versus
UNION OF INDIA AND ORS. …..Respondents
Through: Mr. Ajay Digpaul , CGSC w ith
Mr. Kamal R Digpaul, Advocate.
WITH

2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 4 of 10
60
+ W.P. (C) 12083/2019
KARAMVIR SINGH & ORS. …..Petitioners
Through: Mr. Anil Kumar Sahu, Advocate.
Versus
UNION OF INDIA & ORS. …..Respondents
Through: Mr. G Tushar Rao, Advocate for U OI.
Mr. Manu Chaturvedi, GP with
Mr. Arjun Rekhi, Advocate.
WITH
61
+ W.P. (C) 7745/2020
HARBIR SINGH AND ORS …..Petitioner s
Through: Mr. Ankur Chhibber, Advocate.
Versus
UNION OF INDIA AND ORS …..Respondents
Through: Mr. Sushil K umar Pandey, Sr. Panel
Counsel with
Mr. Rahul Mourya, Advocate.
WITH
62
+ W.P. (C) 10317/2020, CM APPL.32656/2020
DILIP KUMAR SINGH AND OTHERS …..Petitioner s
Through:
Versus
UNION OF INDIA AND OTHERS …..Respondents
Through: Mr. Vinod Diwakar, CGSC with
Mr. Himanshu Pathak, Advocate.
WITH
63
+ W.P. (C) 11061/2020
SH BUDHI SINGH AND ORS …..Petitioner s
Through: Ms. Ankita Patnaik, Advocate.
2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 5 of 10
Versus
UNION OF INDIA AND ORS …..Respondents
Through: Mr. Farman Ali with M r. Athar Raza
Farooquei, Advocates for R -1.
WITH
64
+ W.P. (C) 11063/2020
BIJENDRA SINGH AND ORS …..Petitioners
Through: Ms. Ankita Patnaik, Advocate.
Versus
UNION OF INDIA AND ORS …..Respondents
Through: Ms. Sarika Singh Sr Panel Co unsel
with Mr. Abhishek Khanna ,
Advocate.
AND
65
+ W.P. (C) 11065/2020
BHUPENDRA SINGH AND ORS …..Petitioner s
Through: Ms. Ankita Patnaik, Advocate.
Versus
UNION OF INDIA AND ORS …..Respondents
Through: Mr. Avnish Singh and
Ms. Manpr eet Kaur, Advocates.

% Date of Decision: 15th January, 2021
CORAM:
HON’BLE MR. JUSTICE MANMOHAN
HON’BLE MS . JUSTICE ASHA MENON

J U D G M E N T
MANMOHAN , J (Oral) :

1. These P etition s have been filed by Petitioners who are Personnel
Below Officer Rank (PBOR) in the Central Reserve Police For ce (CRPF),
2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 6 of 10
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 b y a notification dated
22nd December 2003, it was st ipulated that the new scheme would not be
applicabl e 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 un der 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’, ‘S SB’ and ‘ITBP’ .
3. They submit that e ven 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 t he 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 Governme nt
2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 7 of 10
which is the same thing as saying that it is a part of the Armed Force of the
Union and t hat 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 Unio n.
4. They also contend that batchmates of most of the petitioners have
been give n benefit of Old Pension Scheme under various judgements passed
by this Court in Patil Gopal Babulal & Ors. vs. Union of India & Ors.,
W.P.(C) 11646/2018 ; Tanaka Ram & Ors. vs. Union of India & Ors., 2019
(174) DRJ 146 (DB) ; Shyam Kumar Choudhary and Ors. vs. Union of
India being W.P.(C) No.1358 of 2017 and Niraj Kumar Singh & Ors. vs.
Union of India & Ors. ,W.P.(C) No.13129/2019 .
5. Pursuant to the notice issued in the present petiti ons, the Respondents
despite having been given adequate time , have not filed reply in most of the
matters till date. On behalf of the Respondents, further time has been sought
for the purpose of filing Counter Affidavit. It is urged that because of the
large number of petitioners, their factual details could not be verified and a
last opportunity be given to them. Learned counsel for the respondents
submit that without their counter -affidavits being on record, they will be
handicapped in approaching the Su preme Court because they will not be
able to give the mandatory undertaking that the facts stated therein were part
of records before this Court.
6. However, in the counter affidavit filed in W.P.(C) 12083/2019 it is
stated that admittedly since the entire re cruitment process was initiated in
the year 2004 and the appointment letters were issued between the months
of June – July 2004, the New Pension Scheme would be applicable and t he
petitioners would therefore not be entitled to the Old Pension Scheme . It is
2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 8 of 10
further urged on behalf of Respondents that in W.P.(C) No. 5075/2020, the
chart mentioned in the petition shows that the Written Examinations were
itself held on different dates of January 2004 and therefore, the Petitioners
cannot legally exercise lien over a post from the date of advertisement i.e.
from a date even prior to the Written Examination.
7. Learned counsel for respondents submit that none of the earlier
judgements including Patil Gopal Babulal & Ors. vs. Union of India &
Ors., W.P.(C) 11646/2018 and Tanaka Ram & Ors. vs. Union of India &
Ors., 2019 (174) DRJ 146 (DB) are applicable to the present case inasmuch
as in those cases the recruitment process had started in the year 2003 and
some of the incumbents had been issued appointment letters in t he year 2003
itself before the New Pension Scheme was made effective from 01st January,
2004. Therefore, according to them, on facts, the present batch of matters is
different and the petitioners in the present case are not entitled to any relief
as prayed for.
8. The issue in the present batch of matters is no longer res integra .
Consequently, the request for additional time to file counter -affidavit is
declined.
9. In the case of certain constables of the BSF, this Court by its
judgment dated 12th February, 20 19 in Tanaka Ram (supra) allowed the
prayer of those Petitioners and permitted them to avail of the benefit of the
Old Pension Scheme. It was held that the option to continue the Old Pension
Scheme should be extended to all those who had been selected in t he
examination conducted in 2003, but were issued call letters only in January
or February, 2004. It is also pertinent to mention that the Respondents
aggrieved by the said judgment filed an SLP bearing No. 25228/2019 before
2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 9 of 10
the Apex Court. The said SLP ha s been dismissed by the Supreme Court
vide order dated 02nd September, 2019.
10. This Court in Shyam Kumar Choudhary and Ors. v s. Union of India
being W.P.(C) No. 1358 of 2017 allowed similar petitions vide judgment
dated 09th April, 2019 against which the Res pondents had again filed SLP
bearing no. 31539/2019 which was again dismissed on 27th September,
2019. The Respondents thereafter chose to file a review petition bearing
no.2188/2020 before the Apex Court in the said matter and the said Review
petition was also dismissed on merits vide order dated 24th November, 2020.
11. Following the judgment of Shyam Kumar Choudhary (supra), the
learned predecessor Division Bench in Niraj Kumar S ingh & Ors. vs.
Union of India & Ors. ,W.P.(C) No.13129/2019 granted similar ben efit to
17 petitioners who had applied to the post of Sub -Inspector in Central Police
Organisations pursuant to an advertisement dated 21st June, 2003 even when
the written examination and physical efficiency test w ere held in November,
2003, medical exami nation was held in January -February, 2004 and final
result was declared in May, 2004. The said 17 petitioners were issued offer
of appointment on 02nd June, 2005 and on accepting the same, the
appointment letter was issued on 14th July, 2005 for joining the Sashastra
Seema Bal.
12. Another Coordinate Bench vide judgment dated 06th November, 2020
in W.P.(C ) No. 6548 of 2020 as well 6989/2020 was pleased to allow the
said petition s for grant of Old Pension Scheme by following the judgment in
Shyam Kumar Choudha ry (supra) .
13. Having regard to the fact that i n the present batch of cases also the
advertisement/notif ication was issued in September , 2003 and June , 2003
2021:DHC:179-DBW.P.(C) 8208/2020 & connected Page 10 of 10
i.e. prior to coming into for ce of the present contributory pension scheme on
22nd December, 2003, thi s Court is of the view that petitioners cannot be
deprived of the benefit of the Old Pension Scheme .
14. This is more so when the batchmates of the petitioner s are getting this
benefit under various judgements passed by this Court.
15. For the above reasons, the petition s are allowed . Respondents are
directed to extend the benefit of Old Pension Scheme to each of these
Petitioners and pass consequential orders within a period of eight weeks
from today.
16. Accordingly, the writ petitions along with pending applicatio ns stand
disposed of.
17. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e -mail.

MANMOHAN, J

ASHA MENON , J
JANUARY 15, 2021
KA
2021:DHC:179-DB