OUTCOME OF THE HEARING OF COURT CASE ON 1.8.13 REG NFU The outcome of the hearing which took place on 1.8.13 in the High Court, Delhi pertaining to the case Group ‘A’ Officers of CAPFs for NFU vis a vis recognition as Organised Cadre status has been very positive and would culminates into desired result. The silent features of the hearing are given below: 1. The Double Bench comprising of judges Ms Geeta Mittal (Sr Judge) and Ms Reeta Sharma, listened to the arguments, facts and background of the case with great interest, patience and inquisitiveness. 2. All the advocates (Total 5), engaged by different petitioners of CRPF, BSF and ITBP including retired officers of BSF & CRPF, put across all the facts of the case before the Double Bench with great synergy in professional manners. They were complimentary to each other. 3. In the onset of the hearing, Mr Rajiv Mehra, ASG pleaded before the Court for getting the adjournment on the ground that since he could not produce few files, documents and records of 1995 for the inspection of the Advocates engaged by the Writ Petitioners as per the directions of the Court given during the previous hearing, therefore, he should be given time. This was objected by the Advocates on the ground that enough time has already been given and the Govt has already rejected the proposal sent by all the three DGs of the CAPFs for grant of NFU after due examination. 4. It was also conveyed by one Advocate that while examining proposal sent by DG CRPF for granting NFU to the CRPF Officers, MHA had agreed on file (No. so and so ) that CRPF meets all the pre-requisites to be granted NFU since deputationists are holding ex-cadre posts, therefore, they should be granted NFU. But at the level of Director, file was closed on the ground that since the case is subjudice , therefore, no further action is required at this stage. ASG was having no answer to this argument as he could only reply that this case does not belong to the CRPF but of BSF, Subsequently, he was made to understand that this was CRPF case. 5. During the hearing following facts were conveyed and made to understand by the advocates to the Double Bench: • Deputationists are coming only on the plum posting especially in the ranks of DIG. They have reserved so many posts of DIsG for themselves that they are not in the positions to fill up them. It is only at an average 3-4 posts of the DIG in the BSF, CRPF and ITBP which they are holding, are either located in Delhi or at any other good place or in their home state or either parent cadre state. They are reluctant to go to hard areas or field posting because of the hard nature of duty. • Every year more than 500 personnel of CAPFs are sacrificing their lives while combating criminals on the borders, fighting naxals, fighting militants in Kashmir and due to malaria in the NE. Even recently, while responding to the Cloud burst disaster in Uttrakhand, they sacrificed their lives while attending to the call of the duty. These CAPFs personnel are doing excellent job under very hard service conditions which was agreed to by the Double Bench. The Hob’ble Judge reacted that these Forces are doing excellent job and the instant case being very important needs to be resolved on priority and properly. • In 1993, DoPT Monogram, it has been mentioned that BSF, CRPF & ITBP are organized services. In 2002, in the order issued by the MHA, it is clearly mentioned that Assistant Commandants are granted NFU. And in 2010 in the Administrative Reform Commission Report, these CAPFs have again been declared Organised Cadre. How now Govt can deny CAPFs from the status of Organised Cadre? • On the query from the Judge, “Is Govt trying to protect the interests of the deputationists by not giving Organised Status to CAPFs Officers? She was conveyed that the deputaionists will keep on enjoying their dues, even if CAPFs Officers are recognized as Organized Cadre. Because, the deputaionists will keep on holding Ex –Cadre posts whereas under Central Staffing Scheme, Cadre Officers can have the same numbers of the posts while proceeding on deputation to other departments. • Judges were conveyed that in the ranks of IsG, deputaionists are holding 50% posts despite the fact that many eligible officers from the Cadre are available which was surprising to them. • Judges were conveyed that in the sixth CPC, it was recommended that 100% post of the DIsG and 50% posts of the IsG and above for the Group A Officers of the CAPFs should be given. Judge inquired: “Why it is not implemented”? Conveyed-Because it was to be implemented by the Administrative Ministry which they have not done. And the top echelon is from deputation. • The CAPFs Officers have neither been given pay scales at par with Army nor at par with the Civilian officers. It is not understood that in which category their pay scale is and why? It was conveyed to the judges that even the salary of the Army Col is more that the salary of the DIG of CAPFs. They were surprised to hear this fact. • The judge asked as what all benefits these Cadre Officers will get after getting recognition of Organized Cadre status to them. She was explained that they will get better promotion, financial up-gradation and social status. Then she reminded the advocates that Article 14 of our Constitution gives equal opportunity for development in term of promotion and wages. She also reminded the ASG that spirit of the Article 14 should not be violated by the Govt. 6. And finally, Double Bench fixed the next date of hearing on 26.9.13. This appears to be final hearing or at the most one more for the verdict. It will be highly appreciated if maximum number of cadre officers witnesses the court hearing on 26 Sep 2013. CONCLUSION: In view of above, about 100 officers from all the Forces who had witnessed the proceedings of the Hon’ble High Court-Delhi on 1.8.13, had moved out the Court room highly satisfied with the feelings that all advocates have done their duty properly as whatever what expected from them, they had delivered. They have successfully apprised the Double Bench about the case in detail. The Judges evinced lot of sensitivity towards the case. The body language appeared to be quite positive. There are apprehensions that MHA may try to propose something which may be short of NFU or only NFU or no Organized Cadre in the time to come. We are on the Guards and advocated have been apprised of about ours apprehensions. We will try for complete success of the case. Nothing short of NFU and that with recognition as Organized Cadre is our target. We are very sure that the outcome will be very positive. All out efforts will be done and suggestions are welcome always.
Posted on: Sun, 04 Aug 2013 15:02:14 +0000
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