Supreme Court orders cadre review in all CAPFs in 6 months
Holding that all benefits available to Organised Group-A Service (OGAS) should naturally flow to the Central Armed Police Forces (CAPFs), the Supreme Court has ordered a cadre review—which was due in 2021—in all (CAPFs), including ITBP, BSF, CRPF, CISF and SSB, within six months.
A Bench of justices Abhay S Oka and Ujjal Bhuyan on Friday also asked the Centre to gradually reduce deputation of IPS officers to CAPFs.
Noting that IPS officers are there on deputation by virtue of the policy decision of the Central Government manifest through the service rules/recruitment rules of the CAPFs, the Bench said, “We 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 our 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,” it said.
Now that 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 Non-Functional Financial Upgradation (NFFU) following the decision of this Court in the Harananda case.
Citing a DoPT OM dated July 12, 2019, the Bench said “CAPFs are OGAS for all purposes” as the OM abundantly made 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,” the Bench said.
The order came on petitions filed by Group-A officers of various CAPFs seeking NFFU, cadre review and restructuring and amendment of recruitment rules to eliminate IPS deputation.
The top court directed the Centre to complete the cadre review of all CAPFs and to amend the recruitment rules of each CAPF in line with the Department of Personnel and Training (DoPT) Office Memorandum (OM) dated July 12, 2019 by recognizing CAPFs as OGAS in six months.
It directed the DoPT to take an appropriate decision within three months of receipt of an action taken report from the Ministry of Home Affairs regarding cadre review and review of existing service rules/recruitment rules.
“Keeping in mind the twin objectives of service mobility of the cadre officers of CAPF, …removing stagnation on the one hand and the operational/functional requirement of the forces on the other hand, we are of the view that the number of posts earmarked for deputation in the cadres of the CAPFs up to the level of Senior Administrative Grade (SAG) should be progressively reduced over a period of time, say within an outer limit of two years.
“This will bring in a sense of participation of the cadre officers belonging to the CAPFs in the decision-making process within the administrative framework of the CAPFs thereby removing the long-standing grievances of the cadre officers,” the bench said.
The court said the role of CAPFs is crucial for maintaining security at the borders of the country as well as for discharging internal security duties.
There are various issues connected with the deployment of CAPFs, including coordinating with the state governments and the state police force, it said.
Noting that CAPFs discharge their duties under very demanding conditions, the court said they have a grievance that because of lateral entry into the higher grades of the respective CAPFs, they are unable to get timely promotion.
India