SC orders progressive cut in IPS deputation to CAPFs to curb cadre stagnation

New Delhi [India], May 24 (ANI): The Supreme Court on Friday directed the Central government to conduct a cadre review and revise the recruitment rules for officers across all categories of the Central Armed Police Forces (CAPFs) within six months.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan also instructed the Centre to reduce the number of Indian Police Service (IPS) officers appointed through deputation at the Senior Administrative Grade (SAG) level, to enhance the participation of CAPF cadre officers in the forces' administrative framework.
"Keeping in mind the twin objectives of service mobility of the cadre officers of CAPF thereby 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 upto the level of Senior Administrative Grade (SAG) should be progressively reduced over a period of time, say within an outer limit of two years", the bench said in its judgement.
The top court opined that this decision will ensure the participation of cadre officers, belonging to the CAPFs, in the decision-making process within the administrative framework of the CAPFs and resolve the long-standing issue of stagnation in service of the cadre officers.

The Supreme Court was hearing a batch of petitions filed by five persons belonging from different Central Armed Police Forces (CAPFs) who sought a declaration that Group A cadre officers in the CAPFs be recognized as part of the Organized Group-A Services (OGAS).
The petitioners sought benefits associated with OGAS status, including Non-Functional Financial Upgradation (NFFU), cadre reviews and amendments to recruitment rules to ensure uniform promotional avenues and service rule parity. These petitions challenged a Delhi High Court judgment dated September 27, 2020, which had refused to address the issue of cadre review, one of the key demands of the petitioners.
Before the Supreme Court, the petitioners emphasized that the denial of OGAS status has resulted in the non-grant of NFFU and career stagnation. They argued that recognizing CAPFs as OGAS would necessitate consequential steps such as cadre reviews and restructuring of recruitment rules, thereby eliminating lateral entry, particularly the deputation of Indian Police Service (IPS) officers into posts up to the Senior Administrative Grade, which they claim is obstructing their promotional prospects and leading to stagnation within the service hierarchy.
Meanwhile, the Centre opposed the pleas by contending that the recruitment rules of the CAPFs have been framed keeping in view the functional requirement of each CAPFs.
"Being an armed force of the Union, the purpose is to keep each of the CAPFs fit for fighting as well as to ensure coordinated action between the States and the Centre within the federal framework of our country. Therefore, deputation of IPS officers is necessary. The Service conditions of CAPFs cannot be structured like civilian OGAS", the Centre contended.
After considering submissions, the top-court stated that though the deputation of IPS officers to CAPFs is a result of a policy decision of the Central Government as manifested in the recruitment rules, the genuine grievances of CAPF officers, who serve under challenging conditions to protect national security and internal stability, cannot be ignored.
"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", the top-court noted in its order.
Based on the aforesaid reasoning, the top-court proceeded to issued directions to the Centre to carry out a cadre review of services of all CAPFs.
Further, it also ordered the Centre to review the existing service rules/ recruitment rules of each of the CAPFs and complete the same within a period of six months.
The top-court also directed the Centre to progressively reduce the number of posts, the filler by way of deputation, particularly of IPS officers within an outer limit of two-years, to ensure more participation of armed cadre officers in the administrative framework of the CAPFs.
After having issued the aforesaid directions, the Court disposed of the pleas. (ANI)