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Sanjay Prakash and Others v. Union of India and Others

Civil Appeal · 2025 INSC 779Decided 23 May 2025
Civil Appeal No. 13104 of 2024 (with connected Civil Appeal Nos. 13105-13108 and 13110 of 2024)
Justice Abhay S. Oka · Justice Ujjal Bhuyan

Background

Officers belonging to the CRPF, BSF, ITBP, SSB and CISF (collectively CAPFs) challenged a common Delhi High Court judgment that had refused to direct restructuring of their recruitment rules. Their core grievance was that, although the Supreme Court had earlier (in the Harananda case) held CAPFs to be "Organised Group A Services" (OGAS) entitled to a pay benefit called Non-Functional Financial Upgradation, the government continued to fill senior posts up to the Senior Administrative Grade through deputation of IPS officers rather than promotion from within the CAPF cadre, causing severe career stagnation for CAPF officers: some had waited since 2009 for relief, and many had died in service.

Decision Breakdown

The Court held that once the Government of India itself, through a 2019 office memorandum, accepted that CAPFs are OGAS "for cadre issues and all other related matters," all the benefits that flow to an OGAS must naturally be extended to CAPFs, not selectively. At the same time, the Court recognised the government's legitimate policy interest in retaining IPS officers within CAPFs for coordination with State police forces and preserving each force's distinct character. It therefore did not abolish deputation altogether but directed that the number of posts reserved for deputation up to the Senior Administrative Grade be progressively reduced over an outer limit of two years, and ordered the overdue 2021 cadre review and recruitment rules review to be completed within six months, with CAPF officers given a hearing in the process.

Lesson Learnt

When the government itself formally acknowledges a service as belonging to a particular category with associated benefits, it cannot selectively apply only some of those benefits and withhold others, but courts will still balance employees' career-progression rights against genuine institutional/security needs rather than granting absolute relief.

Official source (sci.gov.in)View Judgment (PDF)

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