Deepali Kalia-
Published on: August 12, 2021, at 17:13 IST
Division Bench comprising Chief Justice D. N. Patel and Justice Rajiv Sahai Endlaw of Delhi High Court disposed of a Public Interest Litigation (PIL) filed by ‘Hamara Desh Hamare Jawan Trust.”
The PIL had sought directions to the Centre to extend the same pension scheme which is applicable to the armed forces under Defense Ministry to be applicable to the personnel of armed forces under the Ministry of Home Affairs (MHA).
“Affected people are already before court. They don’t need a PIL. Matter is already under consideration. There is a bunch of petitions”, Justice Endlaw stated and added that the decision in the pending pleas would be applicable to the ones which are similarly placed.
“Each and every person is not required to be there. Point which you are raising is raised by affected parties and they are ably represented”, Justice Endlaw added.
“You go there and file a CM (application),” Chief Justice Patel told Advocate Ajay K Agrawal, the counsel for the Trust.
The Trust was permitted by the Court to avail other legal remedies or file an application and join the pending proceedings on similar issue.
The plea filed by the Trust stated that the armed forces under MHA which include the Central Industry Security Force, Border Security Force, Indo-Tibetan Border Force, Central Reserve Police Force, Assam Rifles, National Security Guard and the Shashastra Seva Bal are at par with the armed forces under Defense Ministry.
“These forces are protecting our borders round the clock and thousands personnel have laid their lives protecting our borders. Both are armed forces of the Union under the Ministry of Defence and Home, therefore, there should be no disparity and same pensionary benefits should be given to both,” the petition read.
The plea alleged that the Centre was ‘illegally denying the old pension scheme’ to the armed forces under MHA on the ground that they are not armed forces of the Union.
However, the clarification issued by the Centre on August 6, 2004 stated to the contrary and had declared that “the Central Forces under the administrative control of the Ministry of Home Affairs as the Armed of the Union.” The plea argued.
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