Institute of Legal and Management Studies

The Supreme Court held the Central Armed Police Forces (CAPFs) must be treated as part of Organised Group-A Services (OGAS) not only for the purpose of granting Non-Functional Financial Upgradation (NFFU) but also for all cadre-related matters, including cadre review.

“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 NFFU following the decision of this Court in Harananda (supra). DoPT OM dated 12.07.2019 makes it abundantly clear that the CAPFs have been treated as OGAS for cadre issues and all other related matters. In other words, CAPFs are OGAS for all purposes. 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 Court stated.

A bench of Justice Abhay Oka and Justice Ujjal Bhuyan directed the Central Government to complete the cadre review of all CAPFs and to amend the recruitment rules of each CAPF in line with the Office Memorandum (OM) dated 12 July 2019 issued by the Department of Personnel and Training (DoPT) recognizing CAPFs OGAS within six months.

The Court observed, “we cannot also be oblivious of the grievance expressed by officers of the CAPFs as highlighted supra. 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. Such stagnation can adversely impact the morale of the forces. This also needs to be factored in while considering review of such policy decision.”

Therefore, the Court directed that the number of posts filled through deputation in each CAPF up to the Senior Administrative Grade (SAG) level should be gradually reduced over a period of time, say two years. This is to ensure that CAPF officers have better chances of promotion and can take part in the internal functioning of their own forces, the Court said.

The Court disposed of pleas by Group-A officers from the Central Reserve Police Force (CRPF), Border Security Force (BSF), Sashastra Seema Bal (SSB), Indo-Tibetan Border Police (ITBP), and Central Industrial Security Force (CISF) seeking directions to treat their respective services as OGAS and to grant consequential service benefits.

The appellants' grievances related to stagnation in promotions due to deputation of Indian Police Service (IPS) officers to higher posts within the CAPFs, and the denial of benefits despite a prior judgment in Union of India v. Harananda.

They sought directions to the Union of India to 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 the SAG to be filled by deputation.

Further, they sought amendment of the recruitment rules of all CAPFs so that all posts up to the rank of Senior Administrative Grade (SAG) are filled only through promotion, not deputation. They also sought a fresh cadre review of Group-A officers of each CAPF treating each service as an OGAS.

The appellants contended that over 18,000 CAPF officers had been litigating this issue since 2009 and that they had been performing challenging duties under difficult conditions without due recognition in service structure and career progression. They relied on the Sixth Central Pay Commission's recommendations and its accepted proposal that all posts up to DIG should be filled by promotion within the service, and at least 50% of IG and above posts be filled by promotion.

The Union of India argued that the Harananda judgment did not mandate restructuring of recruitment rules or the elimination of deputation, and that the CAPFs' operational needs required IPS officers for coordination with State Police forces. The Centre contended that each CAPF had unique functional needs, and complete uniformity across services was neither intended nor practical. The IPS Association supported the Centre's stand.

The Court noted that since the Central Government has accepted the CAPFs as OGAS, the natural consequences must follow. The Court said that once CAPFs are recognised as OGAS, all associated benefits must be extended to them and that they cannot be selectively applied.

Regarding deputation of IPS officers to CAPFs to coordinate with state governments and police forces, the Court clarified that such deputations are a policy decision of the Central Government. IPS officers or their associations cannot decide the size or duration of the deputation quota. At the same time, the Court recognised the grievances of CAPF officers.

The Court issued the following directions:

1. The cadre review due in 2021 for all CAPFs must be completed within six months from the date of the judgment.

2. The Ministry of Home Affairs must give effect to the DoPT OM dated 12 July 2019 and carry out a review of the existing service rules and recruitment rules of each CAPF. While doing so, representatives of the cadre officers of each CAPF must be given a hearing.

3. This review of service rules and recruitment rules must also be completed within six months from the date of the judgment.

4. The DoPT must take appropriate decisions within three months of receiving action taken reports from the Ministry of Home Affairs regarding the cadre review and rules review.

5. The number of posts earmarked for deputation in the cadres of the CAPFs up to the level of SAG(Senior Administrative Grade) should be progressively reduced within a period of time, such as two years.

6. The Court said that this reduction in deputation posts would allow greater participation by CAPF cadre officers in the administrative functioning of the forces and address long-standing grievances.

Following these directions, the Court recalled the interim stay it had earlier granted on the exercise of cadre review.

Case no. – Civil Appeal No. 13104 of 2024

Case Title – Sanjay Prakash & Ors. v. Union of India & Ors. and connected matters

Citation : 2025 LiveLaw (SC) 625

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