Central Armed Police Forces (CAPFs) – CRPF, BSF, SSB, ITBP and CISF, collectively known as CAPFs, whether included in Organized Group-A Service (OGAS) – All benefits available to OGAS, if available to the CAPFs – Grievances of the appellantsofficers belonging to different CAPFs were non-recognition as OGAS, non-grant of Non-Functional Financial Upgradation (NFFU) and service stagnation because of lateral entry by way of deputation of IPS officers into the higher grades of the respective CAPFs due to which they were unable to get timely promotion – Plea of the appellants inter alia that DoPT had accepted the judgment of this Court in Harananda by issuing OM dtd. 12.07.2019 requiring CRPF and the other four CAPFs to be treated as OGAS for cadre issues and all other related matters; that once the CAPFs are declared as OGAS for all purposes, consequential steps like cadre review and restructuring of the service rules/recruitment rules will follow eliminating lateral entry, like by way of deputation, to posts upto the Senior Administrative Grade level; that Ministry of Finance had accepted the recommendations of the Sixth Central Pay Commission to the effect that eligibility criteria prescribed for promotion to Senior Administrative Grade in various Group-A services should be uniform:
Held: CAPFs are OGAS for all purposes – Government of India has accepted the CAPFs as belonging to OGAS vide the DoPT OM dtd.12.07.2019 – Since, the Central Government has accepted that CAPFs are included in OGAS, the natural consequences should follow – Eligible officers belonging to the CAPFs have already been granted NFFU following the decision of this Court in Harananda – DoPT OM dtd.12.07.2019 makes it clear that the CAPFs have been treated as OGAS for cadre issues and all other related matters – When CAPFs have been declared as OGAS, all benefits available to OGAS should naturally flow to the CAPFs – It cannot be that they are granted one benefit and denied the other – High Court did not take note of OM dtd. 12.07.2019 while disposing of the writ petitions filed by the appellants vide the impugned judgment – Cadre review to be carried out in all the CAPFs which was due in the year 2021; Ministry of Home Affairs, Government of India to give effect to the DoPT OM dtd.12.07.2019; review of the existing service rules/recruitment rules of each of the CAPFs be undertaken; number of posts earmarked for deputation in the cadres of the CAPFs upto the level of Senior Administrative Grade should be progressively reduced. [Paras 37, 43, 45] Central Armed Police Forces (CAPFs) – Deputation of IPS officers in each of the CAPFs – Review of policy decision: Held: There are various issues connected with the deployment of CAPFs, including coordinating with the State Governments and the state police force – Central Government in its wisdom has taken the view that presence of IPS officers in each of the CAPFs is vital to maintain the character of each of the CAPFs as a unique central armed force – This is a policy decision – However, this Court cannot also be oblivious of the grievance expressed by officers of the CAPFs – Their dedicated service upholding the security, integrity and sovereignty of the nation while safeguarding borders and maintaining internal security within the country cannot be ignored or overlooked – They discharge their duties under very demanding conditions – They have a grievance that because of lateral entry into the higher grades of the respective CAPFs, they are unable to get their timely promotion – Consequently, there is a great deal of stagnation – Such stagnation can adversely impact the morale of the forces – This also needs to be factored in while considering review of such policy decision. [Para 44]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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