Court’s Decision
The Supreme Court allowed all civil appeals filed by officers of various Central Armed Police Forces (CAPFs) and set aside the Delhi High Court’s decision dated 27.07.2020. It unequivocally held that the CAPFs constitute an “Organised Group A Service” (OGAS) not only for the purpose of Non-Functional Financial Upgradation (NFFU) but for all cadre review and structural purposes as well. The Court directed the Ministry of Home Affairs and the Department of Personnel and Training (DoPT) to undertake necessary cadre review and service rule amendments in accordance with the declaration that CAPFs are OGAS.
“We have no doubt in our mind that such declaration by this Court [in Harananda] was not confined only to the grant of NFFU but in respect of the status of the CAPFs as OGAS.”
Facts
- The appellants, officers from CRPF, BSF, CISF, ITBP, and SSB (collectively known as CAPFs), filed writ petitions before the Delhi High Court seeking:
- Recognition of CAPFs as OGAS.
- Amendment of recruitment rules to eliminate deputation by IPS officers and ensure promotion-based cadre progression.
- Cadre review based on Sixth Pay Commission recommendations.
- The High Court partially allowed the petitions, permitting representation but rejected any restructuring or amendments to recruitment rules.
Issues
- Whether CAPFs can be treated as OGAS only for the purpose of NFFU or for all service-related benefits.
- Whether deputation of IPS officers violates the principles of OGAS.
- Whether denial of full OGAS status results in discrimination and stagnation within CAPFs.
- Whether cadre restructuring and recruitment rules must align with OGAS attributes outlined in DoPT OMs.
Petitioner’s Arguments
- Complete OGAS Recognition: Petitioners contended that this Court’s earlier judgment in Harananda unequivocally recognized CAPFs as OGAS, not merely for NFFU.
- Service Stagnation: Deputation of IPS officers at senior posts (DIG, IG, ADG) blocked promotion avenues for CAPF officers, causing career stagnation.
- Violation of Article 14 and 16: Government’s failure to extend OGAS benefits equally to all services breached constitutional guarantees.
- Binding Effect of Pay Commission and OMs: Sixth Pay Commission and DoPT OMs recommending promotion-based career advancement should be fully implemented.
Respondent’s Arguments
- Limited Recognition: Union of India argued CAPFs were recognized as OGAS only to grant NFFU and not for all structural aspects.
- Functional Necessity: Deputation of IPS officers was justified for operational synergy and national security, particularly to maintain federal coordination.
- Cadre Structure Autonomy: Recruitment rules of CAPFs are framed considering specific functional and operational roles; uniform cadre rules across all services were neither desirable nor feasible.
Analysis of the Law
- Sixth Pay Commission Recommendations: Clearly advocated promotion-based advancement and uniformity in cadre structures across OGAS.
- OMs of DoPT:
- 19.11.2009: Enumerated OGAS attributes, including internal promotion to SAG.
- 12.07.2019: Explicitly recognized CAPFs as OGAS for cadre review and other matters.
- Organised Service Status: Declared by DoPT for RPF and CAPFs alike, imposing an obligation on government to harmonize cadre structures accordingly.
Precedent Analysis
- Harananda v. Union of India (2019):
- This Court upheld the Delhi High Court’s decision in G.J. Singh and declared that CAPFs constitute OGAS.
- Rejected the argument that failure to meet all six OGAS attributes disqualifies CAPFs from the status.
- Purushottam Lal v. Union of India and Laljee Dubey v. Union of India:
- Recognized binding nature of accepted pay commission recommendations and government circulars.
Court’s Reasoning
- Harananda judgment was not limited to NFFU but constituted a full declaration of OGAS status.
- OM dated 12.07.2019, issued post-Harananda, explicitly confirmed CAPFs as OGAS “for cadre review and other related matters”.
- High Court’s omission of this OM materially impaired its adjudication.
- Government’s own OMs and past monographs consistently classified CAPFs as OGAS.
- Deputation practices that impede promotion contravene OGAS structure and violate equal opportunity.
Conclusion
The Supreme Court set aside the High Court’s findings and held:
“We are of the view that CAPFs must be treated as Organised Group A Services for all purposes, not just for grant of NFFU.”
The Court directed the Ministry of Home Affairs and DoPT to:
- Recognize CAPFs as OGAS in all cadre reviews.
- Amend recruitment rules to align with OGAS attributes, including reducing or eliminating deputation to ensure internal promotions up to SAG level.
- Implement these directions in a time-bound manner to redress prolonged stagnation and inequality in service conditions.
Implications
- Structural Overhaul: The ruling mandates cadre restructuring and recruitment rule amendments for CAPFs.
- Promotion-Based Hierarchy: IPS deputation at mid-senior levels may be phased out or significantly reduced.
- Strengthening of CAPFs: CAPFs gain service parity with other OGAS, potentially improving morale and career satisfaction among officers.
- Policy Clarity: DoPT and MHA must now uniformly apply OGAS treatment to CAPFs across pay, promotions, and postings.