Reversion to Old Pension Scheme
In accordance with the scheme for National Pension System (NPS), as
notified vide Ministry of Finance (Department of Economic Affairs)’s
Notification No. 5/7/2003-ECB & 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.
Ministry of Home Affairs have not sought any advice from Department of
Pension and Pensioners’ Welfare on the question of having a policy to
cover the paramilitary personnel appointed after 01.01.2004 under the
Old Pension Scheme on the ground that the vacancies arose, or the
examination was conducted, in the year 2003. However, a reference was
received from Ministry of Home Affairs in a specific case relating to
appointments as Sub-Inspector in various Central Para Military Forces
after selection in August, 2003 on the basis of an Examination conducted
in 2002. Appointments on the basis of these selections were made in
Central Reserve Police Force in 2003 and the candidates appointed were
covered by the pension scheme under Central Civil Service (Pension)
Rules, 1972. However, in the Border Security Force, offers of
appointment on the basis of the same examination/selection were issued
in January, 2004. On a petition filed by some personnel appointed in the
Border Security Force on the basis of that examination, Hon’ble High
Court of Delhi directed to cover the petitioners under the Central Civil
Service (Pension) Rules, 1972 on the grounds of administrative delay on
the part of Border Security Force in making appointments. The order of
Hon’ble High Court of Delhi was implemented by the Ministry of Home
Affairs/Border Security Force in view of the peculiar circumstances of
that case. The decision taken in that case is, however, not relevant for
deciding applicability of 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 on the basis of year of
examination/selection.
This information was provided by the Union Minister of State
(Independent Charge) Development of North-Eastern Region (DoNER), MoS
PMO, Personnel, Public Grievances & Pensions, Atomic Energy and
Space, DrJitendra Singh in written reply to a question in Rajya Sabha
today.
Pib
