New Delhi: The deputation of IPS officers in the Central Armed Police Forces (CAPFs) will not be stopped in the light of the Supreme Court’s February order granting CAPFs better pay, the top court has said.
The court was hearing a clarificatory plea filed by the IPS Association about whether the deputation of IPS officers in the CAPFs would stop after they receive the status of Organised Group ‘A’ Services, which was granted by the court in February this year.
CAPF officers had interpreted the order to mean that their services would become closed, thereby bringing an end to the deputation of IPS officers in the senior ranks of their forces.
However, a two-judge bench of Justices Rohinton Fali Nariman and M.R. Shah said: “It is observed that while deciding the appeals this court has made no observations with respect to the right of IPS officers for deputation, in terms of the recruitment rules, if any, as the same was not the controversy and/or issue before this court and the decision of this court shall be construed with respect to grant of Organised Group ‘A’ Central Services only.”
The one-line bone of contention
ThePrint had earlier reported how one line in the Supreme Court’s February order had become the bone of contention between IPS and CAPF officers.
The SC had said in its order that the “grant of status of Group ‘A’ Central Services to RPF shall not affect (the deputation of) the IPS”.
However, the RPF — Railway Police Force — does not fall under the CAPFs. Hence, CAPF officers took it at face value to mean that the court order is only limited to the RPF and that their forces will now be headed by their own officers.
On Friday, the court clarified: “It is specifically mentioned that by granting Organised Group ‘A’ Central Services to the RPF (it should be read as CAPF), the rights of the IPS, if any, for their appointment on deputation on some of the posts cannot be said to have affected.”
Disappointment for CAPFs, vindication for IPS
The SC’s clarification has come as a major disappointment to CAPF officers, who have been running an aggressive social media campaign to end the deputation of IPS officers in their forces with hashtags like #GoBackIPS.
“The court has said that the issue of deputation was not under its examination,” said a senior CRPF officer. “So now, we are exploring the possibility of approaching the court specifically on the issue of central deputation of IPS officers.”
The IPS officers, on the other hand, stand vindicated. “The CAPF cadre feels aggrieved because they went completely over the top with their expectations regarding both Non Functional Financial Upgradation and Organised Group ‘A’ Services,” said a senior IPS officer.
CAPF officers felt that the new status would lead to revision of their recruitment rules, and allow them to head their own forces. However, far from ending the deputation of IPS officers in the CAPFs, the government did not even revise the recruitment rules of these forces after the SC order.
As reported by ThePrint, after a two-month-long standoff between officers of the CAPFs and their IPS counterparts, the government has decided against granting pay parity to the central forces.
Instead, the Ministry of Home Affairs issued an Office Memorandum earlier this month, stating that the Non-Functional Financial Upgradation (NFFU) would be granted to officers of the central police forces when they complete 23 years in service.
Why deputation is controversial
Several retired CAPF officers said they could not rise up to the top because it was inevitable that an IPS officer would be chosen to lead them. The director general’s post in all CAPFs is reserved for IPS officers. In addition, a certain percentage of other senior posts like Additional Director General and Inspector General too are reserved for them.
However, IPS officers had argued that central deputation could not be ended for them.
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Lost faith on understanding of the print.
If you see the judgement carefully, some of the important aspects have been left out by @ThePrint.
1. The order has been passed on the petition of CIPSA and it has been rejected.
2. However, since the CAPF are already OGAS so if any availability is there, their deputation may continue.
3. Deputation is an ad-hoc arrangement for any system, till the time no eligible officers are available for a post. But after OGAS situation is different.
4. Govt may close the CAPF cadre being Organised. And if Anyone is coming in, on deputation, same way CAPF officers, as per their strength may be given opportunity to go on deputation.
5. Since the HM has kept an close watch and has been following the issue, there are whispers that due to already undue delay, the command of CAPF may be given to cadre officer for time being as an immediate step, till the complete implementation of OGAS/NFFU.
6. Since CAPF plays so important role in all corners of country, govt is in deep thought process to tackle the social media challenge too. But in all cases Govt is well aware of this, and anything new may come on one fine day.
This article is IPS sponsored propaganda.In DHC &SC judgment ascertain the OGAS status of CAPFs and now this clarification order also depict the same.It out rightly declined the plea of IPS association for right of IPS officer on deputation, if any,in terms of Recruitment rules which was not issue before the court.IPS association forcefully tried to becomes a party which was declined.Hence it is upto Government of India to implement the court order of OGAS status of CAPFs in true spirit.This judgment will open scope for CAPFs officers to compete with other OGAS on equal footing in terms of consequtional benefits of OGAS. IPS officers comes deputation at centre on ex-cadre posts of various departments under central staffing scheme which is also open for all OGAS.The term deputation itself is temporary in nature which is subject to unavailability of eligible officer in borrowing department.The post held by deputationst is neither a cadre post of that particular service nor the individual has right to occupy on deputation posts this is government of India ruling and ascertain by various judgment.So,don’t spread rumours
Fake. SC clarified that CAPF is an organised force and IPS can come in deputation as per RR. IPS are hell bent on denying OGAS to CAPF despite SC order. Let deputation be both sides. IPS come to CAPF on deputation and equal number from CAPF shoul go state police on deputation. A win win for both.
The Print is again propagating half cooked story. Clarificatory plea of CIPSA has been dismissed by the hon’ble bench. Please read the court order again.
IPS officers entry should only be at ADG and above if at all, since CAPFs are an organised group A service.
CAPF officers contested the case for NFFU, when denied their legitimate rights by MHA, in the meantime Govt was made to realise by court that CAPFs are OGAS since 1986, now consequently upto SAG (IG) cadre should be closed. IPS will continue as HAG and above. All should work for Nation and MHA and DoPT should do justice not only to CAPF but to their job also by extending NFFU as contemplated by 6th CPC. Let the true professional prevail in every field to maje it a better and greater nation. Jai Hind
This is a grave injustice to all CAPF officers.
A Central reserve police officer, despite years of service and experience under his belt, cannot aspire to get the top jobs, within his own service, as they are all hogged by outsiders from the IPS on short-term deputations. These IPS officers owe no loyalty to the organisations they have been temporarily posted to.
This sort of injustice has continued for long enough and is having a severe effect on the moral of the officer Cadre of the CAPF.
If the IPS wish that the tops jobs in CAPF go to them, then they must allow CAPF officers into their police forces on deputation as well, and into equivalent ranks.
The top job in a CAPF should always go to an officer from within that service. It’s just common sense.
The present situation is ridiculous, this sort of absurdity a result of selfish vested interests by the IPS cadre.
Our nation has created an sort of evil caste hierarchy even amongst professional officers.
I cannot but agree more.
It’s the selfish self serving IPS officers that are bringing the country down.
It is about time we have a single police cadre for all police officers.
The IPS is a result of a white mans colonial legacy, to rule a subject people.
We have a single exam and a single police training instruction
After passing our promotion strictly on merit, experience, courses attended exams passed.
All police officers must have a level playing field and equal opportunity throughout India
Jai Hind