Old Pension Scheme under CCS(Pension) Rules 1972 to the employees who were selected during the year 2003 and who had joined service on or after 01/01/2004 – NC(JCM) demands based on the Judgment of the Hon’ble High Court of Delhi

Old Pension Scheme under CCS(Pension) Rules 1972 to the employees who were
selected during the year 2003 and who had joined service on or after
01/01/2004 – NC(JCM) demands based on the Judgment of the Hon’ble High
Court of Delhi
No.NC-JCM-2019/Pension/NPS April , 2019

The Secretary
Government of India
Department of Pension and Pensioners welfare
3rd Floor, Lok Nayak Bhawan.
Khan Market, New Delhi.
Judgment in WP (C)3834/2013 & in WP(C)
2810/2016 dtd. 27/03/2017.
CRPF Lt. No.PAO/CRPF/MHA/NPS/DA-9(1)/
2018-19/797, dtd. 15th March 2019.
Sir,Lt. Dtd. 15th March 2019.
of Delhi, dtd. 12th Feb. 2015 and
27 March 2017.


Sub: Extension of old pension scheme under CCS(Pension) Rules 1972 to
the employees who were selected During the year 2003 and who had joined
service On or after 01/01/2004.

Ref: 1) Judgment of the Hon’ble High Court of Delhi
2) Min. of Home Affairs (Pay & Accounts Office)

* * *
You are aware that the Staff Side of National Council (JCM) is representing
in various forums to withdraw the National Pension System and to restore
the old Pension Scheme under CCS (Pension) Rules 1972, to the Defence
Civilian Employees recruited on or after 01/01/2004, since the NPS is
determental to the employees as there is no defined guarantee for Pension
during the old age. This was one of the important demand, for which the
NJCA has served Strike notice on the Govt. For observing In-definite
Strike. However due to the assurance given by the Group of Ministers, the
proposed In-Definite Strike was deferred.
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Sir, at present based on the Judgment of the Hon’ble High Court of Delhi in
the above referred cases, the Ministry of Home Affairs have decided to
extend the benefits of the old pension scheme under CCS(Pension) Rules
1972, to the Para-Military forces who were selected during the year 2003,
but joined service on or after 01/01/2004. In this regard your kind
attention is drawn to the letter of Ministry of Home Affairs, dtd. 15th
March 2019 referred at (2) above (copy enclosed for ready reference). The
Ministry of Home Affairs have decided to transfer the NPS contribution of
the concerned employees to the GPF Scheme and also to bring the employees
who were selected during 2003 on the basis of notification issued during
2002/2003 and joined service on or after 2004, under the coverage of
CCS(Pension) Rules 1972.
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A large number of Central Govt. Employees in various Departments Like
Railways, Defence, Postal and other Departments are similarly placed. These
employees were selected for appointment during the year 2003, based on the
employment notification issued during 2002/2003 however due to delay in
receiving the Attestation Forms (Police Verification Report), Medical
fitness etc., they were forced to join service on or after 01/01/2004. Due
to no mistake of theirs’ they were brought under the coverage of NPS,
thereby denying them the benefit of GPF and Defined Guaranteed Pension
under the CCS(Pension) Rules 1972. These employees also have now started
representing for extending the benefit given to the Home Ministry Staff for
them, and their demand is fully justified and is covered under the Judgment
of Hon’ble High Court of Delhi.
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Sir, in view of the above, it is requested that you may kindly look into
the matter and arrange to issue instructions for extending the benefit
given to the Para-Military forces in the Home Ministry to the similarly
placed Central Govt. Employees by extending them the benefit of Old Pension
Scheme under CCS(Pension) Rules 1972. A copy of your instruction may please
be endorsed to this office.
Thanking you,
Yours faithfully,
sd/-
(Shiv Gopal Mishra)
Secretary
Source: NC(JCM)

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