Case Note & Summary
The Supreme Court disposed of a batch of civil appeals filed by personnel of the Central Armed Police Forces (CAPFs), including CRPF, BSF, SSB, ITBP, and CISF, against a common judgment of the Delhi High Court dated 27.07.2020. The appellants had sought directions to the Union of India to fill all additional posts created pursuant to the 2016 cadre review as per existing recruitment rules, which provide for a certain percentage of posts up to Senior Administrative Grade to be filled by deputation. They also sought amendment of recruitment rules to provide that all posts up to Senior Administrative Grade be filled by promotion only, and thereafter to conduct a cadre review treating each CAPF as an Organized Group A Service (OGAS). The appellants relied on the Sixth Central Pay Commission report, DoPT OM dated 19.11.2009, and the Supreme Court's decision in Union of India v. Hara Nanda. The High Court had allowed the writ petitions, directing the Union to issue notifications granting Non-Functional Financial Upgradation (NFFU) to CAPF officers. The Supreme Court, in its judgment, examined the attributes of an OGAS as per the OM dated 19.11.2009 and noted that minor deviations are permissible. The court held that the Union of India must fill the additional posts created in the 2016 cadre review as per the existing recruitment rules, which include deputation. However, the court rejected the prayer to amend recruitment rules to exclude deputation entirely. The court also directed the Union to reconsider the grant of NFFU to CAPF officers in light of the Sixth Pay Commission recommendations and the Hara Nanda decision. The appeals were allowed to the extent that the Union of India was directed to fill the additional posts and reconsider the OGAS status and NFFU benefits for CAPFs.
Headnote
A) Service Law - Organised Group A Service - Attributes - The court examined the attributes of an OGAS as per DoPT OM dated 19.11.2009, noting that minor deviations are permissible and that CAPFs may qualify as OGAS. The court directed the Union of India to consider treating CAPFs as OGAS in light of the Sixth Pay Commission recommendations and the decision in Hara Nanda. (Paras 5-8, 11.1-11.4) B) Service Law - Cadre Review - Deputation - The court held that the Union of India must fill all additional posts created pursuant to the 2016 cadre review as per the existing recruitment rules which provide for a certain percentage of posts up to Senior Administrative Grade to be filled by deputation. The court rejected the prayer to amend recruitment rules to exclude deputation entirely. (Paras 3, 11.2-11.4) C) Service Law - Non-Functional Financial Upgradation - The court considered the denial of NFFU to CAPFs on the ground that they are not OGAS, and directed the Union of India to reconsider the grant of NFFU to CAPF officers in light of the Sixth Pay Commission recommendations and the Hara Nanda decision. (Paras 4, 11.3-11.4)
Issue of Consideration
Whether the Central Armed Police Forces (CAPFs) are entitled to be treated as Organized Group A Services (OGAS) and whether the Union of India is obligated to fill additional posts created pursuant to the 2016 cadre review as per existing recruitment rules, and to amend recruitment rules to provide that all posts up to Senior Administrative Grade be filled by promotion only.
Final Decision
The Supreme Court allowed the appeals to the extent that the Union of India is directed to fill all additional posts created pursuant to the 2016 cadre review as per the existing recruitment rules, and to reconsider the grant of NFFU and OGAS status to CAPFs in light of the Sixth Pay Commission recommendations and the Hara Nanda decision.
Law Points
- Organised Group A Service attributes
- Non-Functional Financial Upgradation
- Cadre review
- Deputation
- Promotion
- Central Armed Police Forces
- Sixth Central Pay Commission recommendations
- Office Memorandum dated 19.11.2009
