Summary
Group-A officers of the CAPFs (CRPF, BSF, CISF, ITBP, SSB) sought treatment as Organised Group A Services for all purposes, with consequential cadre review and amendment of recruitment rules to curb deputation of IPS officers up to Senior Administrative Grade. The Delhi High Court had held that Union of India v. Harananda declared CAPFs as OGAS only for grant of NFFU. The Supreme Court held that Harananda's declaration concerned the status of CAPFs as OGAS for all intents and purposes, that the DoPT OM of 12.07.2019 (overlooked by the High Court) had accepted that status for cadre review and related matters, and that all OGAS benefits should follow. It directed the overdue cadre review and review of recruitment rules within six months and a progressive reduction of deputation posts up to SAG within two years, while recognising IPS deputation as a policy matter.
Issues
- Whether the declaration in Union of India v. Harananda that CAPFs constitute Organised Group A Services was confined to the grant of Non-Functional Financial Upgradation or extended to their status as OGAS for all purposes.
- Whether, after the DoPT OM dated 12.07.2019 treating CAPFs as OGAS for cadre review and related matters, consequential cadre review and revision of recruitment rules were required.
- How far the Court could interfere with the policy of deputation of IPS officers to posts in the CAPFs up to the Senior Administrative Grade.
Provisions considered
- Attributes (i) to (vi) and the Note on minor deviations, DoPT Office Memorandum dated 19.11.2009 (attributes of Organised Group A Services)The OM restates the attributes of an OGAS, including that vacancies above JTS up to SAG are filled by promotion and that cadre posts belong to the service, while allowing minor deviations. The Court noted that Harananda had held that compliance with the attributes should not be given too much weight and that CAPFs were OGAS despite not satisfying attributes (iv) and (vi). (¶¶ 7, 11.3, 11.4, 27)
- Paragraphs 2 and 3, DoPT Office Memorandum dated 12.07.2019 (OGAS status of RPF and CAPF Group-A executive cadres)The OM records the competent authority's approval of OGAS status to Group-A executive cadre officers of the CAPFs with NFFU from 01.01.2006 and NFSG, and states that these cadres are treated as OGAS for cadre review and other related matters. The Court treated it as the Government's acceptance that CAPFs are OGAS for all purposes, narrowing the dispute, and faulted the High Court for not considering it. (¶¶ 35, 36, 37, 43, 45)
- Clause 5(i), DoPT Office Memorandum dated 14.12.2010 (cadre review of Central Group-A Services)Every cadre is to be reviewed once in five years by the cadre controlling authority, preferably in consultation with representatives of the service. The last CAPF cadre review being in 2016, the review due in 2021 was directed to be carried out within six months. (¶¶ 12.3, 29, 45)
Held
- Although the immediate grievance in Harananda was the rejection of NFFU, the Court there went to the root of the dispute and declared that CAPFs belong to Organised Group A Services for all intents and purposes; the declaration was not confined to the grant of NFFU but concerned the status of CAPFs as OGAS. (¶¶ 31, 31.1, 32)
- By the OM dated 12.07.2019 the DoPT conveyed approval of OGAS status to the Group-A executive cadres of the CAPFs and recorded that they are treated as OGAS for cadre review and other related matters. The High Court, deciding a year later, did not take note of this OM, and that failure materially affected its adjudication; after the OM there was hardly any dispute left. (¶¶ 35, 36, 37)
- Once the Central Government has accepted that CAPFs are OGAS, the natural consequences must follow: all benefits available to OGAS should flow to the CAPFs, and it cannot be that they are granted one benefit (NFFU) and denied the others. (¶ 43)
- The presence of IPS officers on deputation in each CAPF, to maintain its character as a central armed force and to coordinate with State governments and police, is a policy decision of the Central Government manifested in the service and recruitment rules; individual IPS officers or their association have no say in the deputation quota or its duration. At the same time, the stagnation of CAPF cadre officers caused by lateral entry into higher grades, which can affect the morale of the forces, must be factored into any review of that policy. (¶¶ 40, 41, 42, 44)
- Directions: the cadre review of all CAPFs due in 2021 to be carried out within six months; the Ministry of Home Affairs to give effect to the OM dated 12.07.2019 and review the service and recruitment rules of each CAPF within six months after hearing representatives of the cadre officers; the DoPT to decide within three months of receiving the action taken reports; and the number of posts earmarked for deputation up to the Senior Administrative Grade to be progressively reduced within an outer limit of two years, balancing service mobility against operational requirements. (¶¶ 45, 46)
Result
Appeals disposed of with directions for cadre review and review of the CAPFs' service and recruitment rules within six months, a DoPT decision within three months thereafter, and progressive reduction of deputation posts up to SAG within two years; interim stay on the cadre review recalled; no order as to costs.