Supreme Court Directs Fresh Cadre Review For CAPFs, Orders Progressive Reduction Of Deputation Posts Up To SAG

A bench of Justices Abhay S. Oka and Ujjal Bhuyan heard a batch of civil appeals arising from five writ petitions disposed by the Delhi High Court on 27.07.2020. The appeals were filed by officers of the Central Armed Police Forces (CAPFs) — CISF, BSF, CRPF, ITBP and SSB — challenging aspects of the High Court order and seeking directions for declaration of CAPFs as Organised Group A Services (OGAS), grant of Non-Functional Financial Upgradation (NFFU) and amendment of recruitment rules to eliminate deputation-based lateral entry up to Senior Administrative Grade (SAG).

The Court allowed the batch of appeals with directions to complete the pending cadre-review and recruitment-rules exercise on an accelerated timeline and to give effect to earlier administrative decisions recognising CAPFs for cadre-review purposes. The Court observed that earlier proceedings and DoPT communications showed CAPFs had been treated as part of Group A services and that the DoPT’s own OM of 12.07.2019 had treated the CAPFs “as Organised Group A service (OGAS) by this Department for cadre review and other related matters.” The Court, in its reasoning, observed: "Considering the aforesaid facts and circumstances and the material on record, which came to be considered by the High Court in detail, it cannot be said that CAPFs do not constitute Organised Group A Central Civil Services/Group A Central Civil Services." The judges further stated that “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 Supreme Court recalled the earlier interim stay, directed Ministry of Home Affairs to carry out the 2021-due cadre review within six months, directed review and amendment of recruitment rules within six months, required DoPT to take decision within three months of receiving MHA’s action report, and ordered that deputation posts up to SAG be progressively reduced within an outer limit of two years. The appeals were disposed of and the interim stay granted earlier was recalled.

Background The controversy traced to recommendations of the Sixth Central Pay Commission (2008) and subsequent DoPT OMs (notably 24.03.2009, 19.11.2009 and 15.12.2009) which set out attributes of an Organised Group A Service and directed amendment of recruitment rules and eligibility criteria. CAPF officers sought recognition as OGAS and consequential benefits, including NFFU, and challenged refusal to treat certain CAPF cadres as OGAS. The Delhi High Court in G.J. Singh had held CAPF officers entitled to NFFU; the Union of India appealed and this Court in Harananda (05.02.2019) affirmed that officers in PB-III and PB-IV of CAPFs could not be denied NFFU and held that CAPFs could not be said not to constitute OGAS. Following Harananda, DoPT issued OM No. 12.07.2019 treating RPF and Group-A executive cadres of CAPFs “as OGAS … for cadre review and other related matters” and directing implementation of NFFU/NFSG benefits.

Petitioners in the present appeals urged that declaration of CAPFs as OGAS should lead to uniform cadre structures and elimination of deputation up to SAG, pointing to service stagnation where IPS officers on deputation occupied higher posts. Respondents, including the Union of India, emphasised functional distinctions of CAPFs, the statutory nature of recruitment rules, and the need for cadre-controlling authorities to determine structure. The Delhi High Court disposed the writ petitions by directing MHA and DoPT to undertake cadre- and recruitment-rule review and to give opportunity to cadre officers; the High Court, however, did not direct abolition of deputation. The Supreme Court found that the High Court had not adverted to the DoPT OM of 12.07.2019 and that, in light of Harananda and the DoPT OM, CAPFs were to be treated as OGAS for cadre-review purposes. To balance operational requirements and cadre mobility, the Court ordered a time-bound review and progressive reduction in deputation posts up to SAG to address stagnation.

Case No.: 2025 INSC 779 Case Title: Sanjay Prakash & Ors. v. Union of India & Ors. (connected Civil Appeals Nos. 13104–13108 & 13110 of 2024) Appearances: For the Petitioner(s): Dushyant Dave (Senior Counsel); Shyam Divan (Senior Counsel); S. Gurukrishna Kumar (Senior Advocate); K. Parameshwar (Senior Advocate) For the Respondent(s): Aishwarya Bhati (Additional Solicitor General of India)