The Supreme Court on Tuesday dismissed a petition filed against the judgment of the Delhi high court which had granted non-functional financial upgrade (NFFU), asking the department of personnel and training (DoPT) to issue a letter turning the paramilitary forces into organised services
New Delhi: The Indian Police Services (IPS) officers, who are increasingly under pressure from the state services cadre, have another setback to contend with. The entry of IPS officers into the paramilitary forces will now be restricted to the top ranks like director general, additional director general, special director general, which they are eligible for only a few years before retirement.
The Supreme Court on Tuesday dismissed a petition filed against the judgment of the Delhi high court which had granted non-functional financial upgrade (NFFU), asking the department of personnel and training (DoPT) to issue a letter turning the paramilitary forces into organised services.
This would imply that only IPS officers in the ranks of additional director general and above will be eligible for deputation in the paramilitary forces. This is unlike the current system in which IPS officers of all ranks can be sent for paramilitary deputation, with the paramilitary being classified as unorganised services.
Experts, however, say that the process will take time to get implemented and the government may re-appeal. There is also a possibility that the government can find a way to enable IPS officers to join the paramilitary forces. But once the DoPT issues an order to declare the paramilitary forces as part of the organised sector, the entry of IPS officers of the ranks of IG and below will be barred and they can join the paramilitary on deputation only from three ranks.
This will also end arguments between paramilitary cadre and IPS officers. While cadre officers oppose the parachute-landing of IPS officers in the forces at group ‘A’ level, IPS officers believe that they should be at the top as the forces require supervision by officers who have served at different roles.
Apart from the IPS versus cadre officers issue, this judgment has also sorted out the delay in financial upgrade in the paramilitary forces. It means officers who get only one or two promotions after 20 years of service due to the absence of vacancy, will now get at least financial benefits in sync with their tenure even if their ranks are not upgraded.
In its judgment, Delhi high court said, “In view of the above, the court is of the view that the petitioners, ie, officers in PB-3 and PB-4 in the CAPFs (CRPF in the present instance) have been categorised under organised group A service ever since the year 1986. Hence, the benefits contemplated by the 6th CPC by way of NFFU to remove disparity between all-India services and other organised central group A services, ought to be granted to them. Accordingly, the impugned OM dated 28.10.2010 and all other letters whereby the petitioners request for the grant of NFFU was rejected, cannot be sustained and are hereby quashed. In view of the above, the writ petitions are allowed. The respondents shall issue requisite notification granting the benefits of non-functional financial upgrade as recommended by the 6th Central Pay Commission to the petitioners within eight weeks from this order.”
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