JUDGMENT

Manmohan, J. (Oral)--These Petitions have been filed by Petitioners who are Personnel Below Officer Rank (PBOR) in the Central Reserve Police Force (CRPF), 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 by a notification dated 22nd December 2003, it was stipulated that the new scheme would not be applicable 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 under the administrat