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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 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', 'SSB' and 'ITBP'.