HELP YOUR SOLDIERS. Implement Hon'ble Supreme Court's order on OGAS and NFFU to the CAPFs
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THE CAPFs WANT JUSTICE AND IMMEDIATE IMPLEMENTATION OF SC ORDER IN LETTER AND SPIRIT.
PLEASE SIGN THE PETITION AND DO YOUR BIT FOR THE FORCES. EVERY VOICE COUNTS. STOP INJUSTICE AND SAY NO COLONIALISM. FOLLOW OUR TWITTER HANDLE @iSupportCAPF FOR UPDATES.
AN INFLUENTIAL LOBBY IS AT WORK TO JEOPARDISE JUSTICE TO CAPFs. The general public is requested to exert pressure for implementation of Hon'ble Delhi High Court and Hon'ble Supreme Court verdict on recognizing CAPFs as Organised Group A Service and extend Non-Functional Financial Upgradation WITH IMMEDIATE EFFECT. No dillydallying and no back door entry.
BRIEF HISTORY OF THE CASE
In a landmark judgement by Hon'ble Justices Rohinton Fali Nariman and M R Shah, the Hon'ble Supreme Court gave a ruling in Feb 2019 that CAPF officers--from BSF, CRPF, SSB, ITBP and CISF-- will now be granted the NFFU and will be considered as organized group A Central Services. The Delhi High Court categorically directed the GOI to issue OGAS notification by 23rd April 2019 with the grant of NFFU benefits to affected officers.
But on April 20th, MHA submitted an affidavit asking for deferment in implementation of SC verdict till 15th July 2019 on highly arbitrary and irrational grounds. This appears to be a time buying tactic to circumvent the SC order
CONSTITUTION OF HIGH-LEVEL EXPERT COMMITTEE TO RETROSPECTIVELY DENY NFFU AND OGAS TO CAPFs AGAINST ALL MORAL AND ETHICAL GROUNDS
Using backdoor entry, wherewithal and resources at the disposal of IPS (Central) Association. they have managed to influence the Government to constitute a "High Level Expert Committee" to review NFFU and OGAS and use all tricks to sidestep the landmark judgement of Hon'ble Supreme Court. (Copy of constitution of expert committee in annexure). Further, against the principles of natural justice, the committee has those on board who have opposed the CAPFs in the courts. No representative from the CAPFs has been taken on the committee. DO YOU THINK WHAT IS GOING ON IS FAIR?
NFFU and OGAS EXPLAINED IN LAYMAN TERMS
NFU was introduced on the recommendation of the 6th Central Pay Commission with effect from 01-01-2006 to offset the financial loss for lack of promotional avenues in various Government services. NFU implies that whenever an IAS officer gets empanelled at a particular appointment at the Centre, all other Group-A service officers are also upgraded to the same level after a period of two years from the date of empanelment, on a non-functional basis, irrespective of whether they are actually promoted or not. For example, if an officer of the IAS of 1989 batch is empanelled as an Additional Secretary to Govt of India, then all other Organised Group-A officers of the 1987 batch shall also be placed in the ‘Additional Secretary to Government of India’ pay grade (Higher Administrative Grade/HAG). As a result, almost all organised Group-A civil officers are retiring with the pay and pension of much higher grades than the functional grades actually held by them.
Many officers of the CAPFs challenged the non-grant of NFU to them in the Delhi High Court. The Government opposed (read IPS) the relief again on the ground that though CAPFs were Group-A officers, they were not members of an ‘Organised Group -A Service’. A strange stand was also taken that grant of NFU would adversely affect the operations and functioning of CAPFs. This was incongruous to say the least, since NFU, on the contrary, would have contributed in increasing the motivation level of the women and men in uniform operating in difficult and trying circumstances. The reality was, in fact, the other way round since the functioning was rather affected because of non-grant of NFU since at various places, senior uniformed officers were getting a lower pay and lower grade of facilities than civilian officers of other Group-A services directly serving them as their juniors. NFU was also not bound to affect functioning in the manner projected by the establishment since by its very definition it was ‘Non-Functional’. This aspect was anyway commented upon by the Delhi High Court in the following terms:
“The Government’s contention that NFFU cannot be granted since the CAPFs comprise a strict hierarchy with a well defined Command and Control structure; that any interference with this structure would be detrimental to the interest of the forces and would adversely affect its operation and functioning; It was thus, claimed that all posts in the CAPFs are functional and there is no room for Non Functional posts, is untenable because by very definition there is no interference with functions, duties or the posts but only an increase in the financial prospects”
CHALLENGE BY THE UNION OF INDIA IN THE SUPREME COURT
Averring essentially the same grounds taken earlier, the Union of India challenged the verdict of the High Court before the Supreme Court. In between, in the year 2017, the Supreme Court by way of a detailed order had even asked the Central Government to attempt to resolve the issue but the contentions of the affected officers were not agreed upon by the establishment. A separate matter concerning the Railway Protection Force (RPF) was also tagged with the SLPs of other CAPFs. The Apex Court has pronounced its decision on 5th Feb 2019 and has upheld the decision of the High Court and has observed its ‘complete agreement’ with the High Court.
The Supreme Court has also made an observation on stagnation in the CAPFs by observing thus:
“In order to overcome the stagnation problems, the 6th Pay Commission recommended NFFU to all Group A Officers in various Organised Group A Services. The purpose of granting NFFU was to give relief to Group A Officers facing the problem of stagnation as fallback option when regular promotions do not come into various factors. It has come on record that CPMFs are facing huge problems of stagnation, more particularly, on one hand they are not being granted the promotions as most promotional posts are filled by deputation, and, on the other hand, they are denied NFFU.”
The Supreme Court has also dismissed a plea by the Indian Police Service Association filed against the High Court decision which was submitted on the pretext that the vacancies of the IPS officers on deputation with the CAPFs would be curtailed if the said forces are treated as organised services. Declining the applications filed by the IPS Association, the Court has observed that there is no effect of the High Court decision on the posts of the IPS (on deputation).
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