CAPFs are classified as Organized Group A Services, entitled to Non-Functional Financial Upgradation, without needing to fulfill every attribute listed in DoPT guidelines.

JUDGMENT :

UJJAL BHUYAN, J.

Substantive grievance in all the civil appeals being identical, those were heard together and are being disposed of by this common judgment and order.

2. All the civil appeals arise out of the common judgment and order dated 27.07.2020 passed by the High Court of Delhi (High Court) disposing of the following writ petitions:

(i) W.P.(C) No. 12052 of 2019 (Tarun Kumar Banjaree & Ors. Vs. Union of India & Ors.);

(ii) W.P.(C) No. 12751 of 2019 (Sanjay Prakash & Ors. Vs. Union of India & Ors.);

(iii) W.P.(C) No. 12875 of 2019 (Mahendra Singh Deo Vs. Union of India & Ors.);

(iv) W.P.(C) No. 13014 of 2019 (Radha Mohan Meena & Ors. Vs. Union of India & Ors.); and

(v) W.P.(C) No. 13588 of 2019 (Sudhir Kumar Singh and Ors. Vs. Union of India & Ors.).

3. It may be mentioned that the above five writ petitions were filed before the High Court by personnel belonging to different services viz. Central Reserve Police Force (CRPF), Border Security Force (BSF), Sashastra Seema Bal (SSB), Indo-Tibetan Border Police (ITBP) and Central Industrial Security Force (CISF), collectively known as Central Armed Police Forces (CAPFs). In all the five writ petitions, the following reliefs were sought:

(i) for a direction to the Union of India in respect of each of the CAPFs to fill up all the additional posts created pursuant to the cadre review (CR) of the year 2016 as per the existing recruitment rules which provide for certain percentage of posts at each level upto Senior Administrative Grade being filled up by way of deputation;

(ii) for a direction to the respondents to amend the recruitment rules of each service i.e. CAPFs by including various attributes as required by the Office Memorandum dated 19.11.2009 issued by the Department of Personnel and Training, Government of India (DoPT) read with the related Office Memoranda dated 24.03.2009, 24.04.2009, 15.12.2009 and 08.05.2018 by providing that all posts upto Senior Administrative Grade should be filled up by way of promotion only and not by way of deputation;

(iii) thereafter, to conduct cadre review of Group-A officers of each cadre by treating each service as Organized Group-A Service (OGAS).

4. In support of the prayers made, appellants relied upon the report of the Sixth Central Pay Commission, OM dated 19.11.2009 of the DoPT and the decision of this Court in Union of India Vs. Harananda , (2019) 14 SCC 126 by which the decision of the High Court in G.J. Singh Vs. Union of India , 2015 SCC Online Del 11803 has been affirmed.

5. At the outset, let us examine the report of the Sixth Central Pay Commission which was of March, 2008. The report indicated that mandate of the Sixth Central Pay Commission was not only to evolve a proper pay package for the government employees but also to make recommendations rationalizing the governmental structure with emphasis on accountability, responsibility and assimilation of technology etc. The Sixth Central Pay Commission recommended that the next cadre review exercise should take into consideration its recommendations. The report indicated that despite recommendations of the earlier Central Pay Commissions and cadre reviews carried out earlier, all the services still had a great degree of stagnation at the level of Senior Administrative Grade. Thereafter, the Sixth Central Pay Commission made certain recommendations to ensure service progression of officers