1) The IPS Officers have been holding all the Key posts in CAPFs as the DsG of all CAPFs are from IPS and he decides who will be placed where. The IPS Officers have been the root cause for all the sufferings of the Cadre Officers, just for the sake of safeguarding their own personal Interest of availing Resources and Services from these CAPFs both while in Service and also post retirement . It’s the biggest irony that the CAPF as individual organisations have been the biggest roadblocks in the Career Aspirations of its own Cadre Officers. Again thanks to the IPS Officers who are holding all the Key decision making positions (not by virtue of merits but by virtue of preference and liking as the DG-CAPF (himself being IPS) is the deciding authority).Inspite of the NFFU/OGAS case having been fought and lost by the IPS Officers in DHC, they took it to the SC and further took it for Review Petition just to delay and linger on the Justice delivery mechanism and lastly took it up as a clarificatory review when they could not salvage anything for themselves through the Courts during the regular hearings. Even after that they are not leaving any stone unturned to block and hamper implementation of the DHC order upheld by the SC on matter of grant of OGAS status and NFFU and have been successful in denying granting of the complete benefits of OGAS status and NFFU to the Cadre Officers for almost 18 months now. The Cadre Officers have lost total faith in the neutrality of the IPS Officers in command positions in the CAPFs and permitting IPS officers to continue further in DAG ranks would be highly detrimental in the pursuit of justice of the Cadre Officers.
Further it may also be seen that in the slew of petitions and their outcomes since last about a decade almost each and every judgement has been in favour of the Cadre Officers which reiterates the failure of the IPS officers in duly pursuing the matters of Cadre Officers interests with MHA/DoPT/GoI. Even in the present set of litigations related to the matters of OGAS and NFFU, each and every decision by the Courts have vindicated the position of the Cadre Officers. Therefore if any interim relief has to be granted in the instant case, it has to be to bring relief to the petitioners by permitting them to occupy the vacant positions in SAG grade through adhoc promotions which could be further ratified as per the outcome of this instant WP. However in No Case, the BAN on induction of the IPS officers should be lifted as that would be prejudicial not only to the cause of the Petitioners but would almost be akin to playing into the hands of the Respodents and giving finaljudgement in their favouras that is the only relief they want and are praying through their affidavits, applications etc…. and once granted they would not be interested in concluding this WP but would be interested in lingering on this WP on one or the other excuse through adjournments/deferments, Appeals and reviews. It took us almost 8 years to get the earlier WP relating to OGAS/NFFU finalized but still we are at square 1 compelling us to go for this another set of WPs which will take its own course of time thus denying Justice to the current Petitioners and would also signal a sense of injustice for all similarly placed officers of all CAPFs. It is important that JUSTICE is not only delivered but needs to be delivered timely and it should also appear and seem to have been delivered.And Therefore if any interim relief has to be granted in the instant case, it has to be to bring relief to the petitioners by permitting them to occupy the vacant positions in SAG grade through adhoc promotions which could be further ratified as per the outcome of this instant WP.
2)I nduction of IPS is mandatory for manning the Security scenario in the interest of National Security Paradigm is a myth floated by the IPS for maintaining their stranglehold on the CAPFs and thereby be able to continue to further their personal interests of obtaining control over the PAN India Resources of the CAPF for their personal use and private obligations.It can also be seen that many seats are allotted to the CAPFs in various prestigious Foreign and homeland courses. However in most of such courses only the IPS officers are nominated just for the sake of enriching their paper profile without any actual transfer/application of knowledge obtained through such courses as by that time they move out of the CAPFs back to their parent cadre where they have very little opportunity to apply such knowledge/skill acquired. This leads to dual loss to the Govt Exchequer, as 1stly The post lies vacant in the CAPFs, 2ndly The acquired skill is also not put to use, 3rdly CAPF Officers are declined opportunity to upgrade their own skills. 4thly The CAPFs as an organization are deprived of such experience and expertise. Whereas the IPS Officer turns out to be sole beneficiary, wherein his service is counted against Central Deputation while actually not rendering any service in Central appointments. 2ndly, he gets an opportunity to travel to foreign locations at Govt expenses and 3rdly adds to his personal skill set and profile.It is thus imperative that the induction of IPS officers should not be permitted to continue so that such opportunities for upgradation of skills are available to persons who actually need it in furthering their official responsibilities and that such skills and knowledge are put to use to the advantage of the concerned organisations.
3) Having been recognized as OGAS and further notified by the GoI as an OGAS, the following aspects were due to be accrued to the CAPFs for having been recognized and notified as being an OGAS :
a. Unhindered Career Progression upto SAG levels thus providing for greater Say in own Organisations.
b. Formulation of Organisation specific SRs
c. Participation in Central Staffing Scheme
d. Pay Parity with other OGAS
It may be seen that all the above advantages/characteristics of being OGAS is being availed by each and every other OGAS except for CAPFs wherein the declaration of being an OGAS has merely been got reduced to a decoration, nothing else nothing beyond. Forget about implementing all the above parameters of being an OGAS, Eeven the Pay parity envisaged through NFU as mentioned at d) above has also not been incorporated fully wherein the other important decision related to NFFU by the GoI to have uniform eligibility conditions across all OGAS has not been implemented thereby providing for only partial relief-and-upgradation unlike the other OGAS.This clearly reflects the intent of the CAPF leadership which currently is with the IPS and thus the Cadre Officers have every reason which are both valid and sufficient to question the neutrality of the IPS leadership and therefore oppose their continuance in the CAPFsIt is because of their’s this partial and self centric attitude/approach the gap between the IPS and the Cadre Officers has been ever widening with each passing day and the Cadre officers have lost their faith in the leadership completely. Its also an irony that a Force is functioning wherein the Force has no faith and confidence in its leaders, which is the fundamental and most important aspect of anything else that the leaders believe their troops and the Troops have faith and confidence in their leaders. Nothing worse than this can happen to any Force.
4) The ASG is misleading the Court by stating that the GoI has notified the CAPFs to be OGAS and also extened the benefits of the NFFU and thus have implimented the earlier DHC judgement in toto and no further action including formulation/amendment to SRs/RRs is required, which in itself is a big fallacy. While accepting the recommendations of the 6th CPC, GoI has categorically directed to carry on amendments to SRs so as to have uniform eligibility conditions across all OGAS and accordingly many OGAS have undertaken revisions of their SRs to get incorporated the said uniformity.It is further interesting to note that in the same 6th CPC, the Govt has also laid down Residency period clauses for promotions in various Group A Services and the CAPFs were the first to incorporate all such changes as the new provisions were detrimental to the interests of the CAPF officers in some organizations, like earlier only 2 years service as 2IC was required to be eligible for being promoted as Commandants, but now that Residency period has been enhance to 5 years and immediately got it incorporated due to which in organizations like ITBP, SSB even though there are vacancies but officers could not be promoted as Comdt due to non completion of Residency periods. This dual policy of the MHA/CAPFs in incorporating selective amendments to the SRs/RRs further exposes the ill-intent of the IPS leadership.In view of the reasons and examples cited above it may be clearly seen that the conduct of the IPS leadership has not been fair to the cause of the CAPFs and its Officers, permitting them to continue in their posts upto SAG rank would not only be detrimental to the cause of the CAPF Cadre but would also tantamount to the Courts upholding the unjust, autocratic and self-promoting conduct of the IPS and thus the BAN on further induction of the IPS upto SAG levels needs to continue till the finalisation of the current WP and vacancies existing and arising of the repatriation of the IPS officers could be made good through Adhoc promotion of the CAPF Cadre Officers which could later be regularized as per the outcome of this WP.