CRPF Officers' NFSG Calculation: Court Orders Inclusion of Assistant Commandants and Deputationists

CRPF Officers' NFSG Calculation: Court Orders Inclusion of Assistant Commandants and Deputationists

Background:

• Central Reserve Police Force (CRPF) officers filed a writ petition challenging the manner of calculating Non-Functional Selection Grade (NFSG) benefits.
• Petitioners argued that the exclusion of Assistant Commandants (STS) and deputationists from the calculation of Senior Duty Post (SDP) reduced the percentage of eligible officers.
• They also sought an increase in the SDP ceiling from 30% to 100% as a one-time measure to address stagnation.

Legal Question:

• Whether the method of calculating SDP for NFSG grant was correct and whether the ceiling should be increased to 100%.

Arguments Presented:

Petitioners:

• The calculation of SDP should include Assistant Commandants (STS) and deputationists as they are part of the cadre.
• The exclusion of these officers drastically reduced the percentage of eligible officers for NFSG.
• The ceiling of SDP should be increased to 100% as a one-time measure to address acute stagnation faced by officers.

Respondents:

• The method of calculating SDP was correct and in accordance with the relevant guidelines.
• Assistant Commandants (STS) could not be considered part of SDP as their substantive grade remained Assistant Commandant.
• Deputationists were not part of the cadre and, therefore, could not be included in the calculation.
• Increasing the SDP ceiling to 100% would be unprecedented and would create disparities with other services.

Court's Analysis and Reasoning:

• The court referred to the Department of Personnel & Training (DoPT) Monograph on cadre review, which defines SDP as total strength minus reserves minus the number of posts at Junior Time Scale.
• The court found that the respondents' method of calculating SDP was not in line with the DoPT Monograph and various circulars.
• The court also noted that DoPT had given liberty to the Cadre Controlling Authority to include Assistant Commandants (STS) and deputationists in the calculation of SDP.
• The court held that there was no real logic for excluding Assistant Commandants (STS) and deputationists from the calculation of SDP, especially in the context of acute stagnation faced by the service.
• However, the court did not find sufficient data to support the petitioners' request to increase the SDP ceiling to 100%.

Decision:

• The court partly allowed the writ petition and directed the respondents to recalculate the grant of NFSG while including the posts held by Assistant Commandants (STS) and deputationists.
• The court declined to increase the SDP ceiling to 100% but allowed the petitioners to file a representation for consideration by the respondents.

Conclusion:

The court's decision is a significant victory for CRPF officers as it ensures that Assistant Commandants (STS) and deputationists are included in the calculation of SDP for NFSG grant. This will increase the number of eligible officers and address the issue of stagnation faced by the service.