Sanjiv Krishan Sood

| @sood_2 | February 11,2019

IN a landmark judgement on February 5, 2019, the Supreme Court of India dismissed a batch of Special Leave Petitions filed by the Government of India and the IPS Association against a judgment of Delhi High Court, which had granted the status of “Organised Group A Service” (OGAS) to the cadres of “Central Paramilitary Forces” (CPMF). The Supreme Court upheld the order of Delhi High Court in totality and confirmed the status of Organised Service for these officers and directed the Government to fulfil their long-pending demand for extending “Non Functional Financial Upgradation” (NFFU).

The above order has come within few weeks of the recommendations of Parliamentary Committee, headed by ex Home Minister P Chidambaram, which had recommended that the deputation of IPS to these forces be severely curtailed and cadre officers of these forces also be considered for appointment as Director Generals.

 

 

Almost ten thousand serving and equal number of retired officers of CPMF will benefit from this order which is effective prospectively from January 1, 2006, i.e., from the date when recommendations of Sixth Pay Commission were implemented.

It has been a ten-year-long uphill battle for the Cadre officers, who were denied these benefits in contravention of the Government orders to this effect.

It all started in 2009 when Government issued an order directing that all organised Group “A” services would be granted the benefit of NFFU. However, this benefit was not accorded to CPMF proclaiming that these were not organised services. This inspite of fact that “Department of Personnel and Training” (DOPT) Monographs of 1986, 1993 and the Administrative Reforms Commission Reports and many other orders of Government explicitly declared these forces to be such.

 

 

The court also out rightly dismissed the argument of IPS association that the deputation to CPMF was mandated by the Constitution.

The judgment will go a long way in facilitating the rich experience of CPMF Cadre officers to be garnered gainfully for policy formulation and thereby enhance National security, Border Management and Internal Security aspects. This will also remove stagnation and provide better promotional avenues as the posts so far usurped by IPS will also now be available to cadre officers. This will also facilitate extension of other service benefits to CPMF officers. One extremely important fall out of the Organised status being formally conferred is that these officers can now go on deputation to posts in the central and state Government where their domain knowledge and experience will be highly useful.

The organisational structure of these forces being a narrow pyramid, not everyone can be promoted to higher posts even after grant of organised status.  This is where NFFU will help in keeping the officers well motivated.

NFFU is a concept introduced by the Sixth Pay Commission. The Court observed: “The purpose of granting NFFU was to give relief to Group A Officers facing the problem of stagnation as fall back option when regular promotions do not come into various factors. It has come on record that CPMFs are facing huge problem of stagnation, more particularly, on one hand, they are not being granted the promotion as most of the promotional posts are filled in by deputation and, on the other hand, they are denied NFFU.”

 

 

This will bring a huge financial boost to the CPMF officers because most of them retire after gaining one or two promotions only throughout their careers. This will also entail long term benefits in the shape of pension and other entitlements.

However, the proverbial distance between the Cup and the lip is full of slips until the order is actually implemented.

The leaders of the force being IPS officers had ab-initio created hurdles in grant of benefits to these cadres because of their own interests. Fearing that grant of Organised Service Status to CPMF Officers will end their monopoly of higher level posts in these organisations, they had opposed it tooth and nail. It was their instinct of self-preservation that compelled them to go in appeal against the High Court order.

IPS officers heading these organisations are responsible to prepare ground work for implementation of the verdict. Giving up control of these well organised forces is going to cause a lot of heart burn among them, especially because of the vast resources of the force.

Further the IPS officers and their association being much better connected with politicians and bureaucrats is unlikely to leave any stone unturned to protect their interests.

However, it is going to be extremely difficult for them not to implement the order but they would certainly like to delay it as much as possible.

The CPMF officers are therefore keeping their fingers crossed and hoping for early implementation lest they may have to go in for contempt.

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Nikunja Brahma Rtd ComdtVirenderAryaAK NegiPreetinder Recent comment authors
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Preetinder
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Preetinder

Thanx for exhausted report
CAPF OFGICERS ARE INDEBTED TO U
THANX FOR STANDING WITH US

AK Negi
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AK Negi

Well written, covering the core issue. Thankful to former ADG SK Sood ji for the all out support to CAPF Cadre

Arya
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Arya

What a sham policy Govt has been keeping for years where IPS, the so called organised services, have been stealing the dues of unorganized CAPFs . It’s Such a dichotomy can only be found in India where one service is denying or blocking the other service with which they do not have any kind of professional compaitability except the commonality of term POLICE & those in the policy helm has been ruthlessly opposed to any kind of real professional growth despite unparalleled services by the CAPFs. It’s astonishing to see an organised service commanding so called un-organised service and the… Read more »

Virender
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Virender

A vivid accountn on nffu issue to officers of paramilitary officers.Judiciary is a vital organ of democracy who is rose to occasion to grant their legitimate right to paramilitary officers.

Nikunja Brahma Rtd Comdt
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Nikunja Brahma Rtd Comdt

CPMF officers particularly those who are serving must keep themselves abreast with the new developments and keep a sharp eye on it

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