- (1.) Five sets of officers belonging to the Indian Police Service (IPS) have applied for being impleaded in this set of petitions for special leave to appeal (SLPs). These proceedings arise from a common Judgment delivered by a Division Bench of the Delhi High Court in five writ petitions brought by Group A officers of the Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF), Indo Tibetan Border Police (ITBP), Border Security Force (BSF) and Sashastra Seema Bal (SSB). These forces are collectively referred to as the Central Armed Police Force(s). In course of hearing, intervention has also been asked for by the Central Indian Police Service Association on the strength of caveat applications lodged by them.
(2.) The scope of dispute involved in the writ petitions out of which these proceedings arise have been summarised in the first paragraph of the Judgment under appeal. This paragraph reads:- "These five petitions, by personnel of different services viz. Central Reserve Police Force (CRPF), Border Security Force(BSF), Sashastra Seema Bal (SSB), Indo Tibetan Border Police(ITBP), and Central Industrial Security Force (CISF), collectively known as Central Armed Police Forces (CAPFs), (i)impugn the direction of each of the said services, for filling up of the additional posts created pursuant to the Cadre Review (CR)of the year 2016, as per existing Recruitment Rules (RRs), which provide for certain percentage of posts at each level upto Senior Administrative Grade (SAG) being filled up by deputation; and, (ii) seek mandamus directing the respondents to amend the RRs of each service, by including various attributes, as required by Department of Personnel and Training (DoPT) Office Memorandums (OMs)dated 20th November, 2009, 15th December, 2009, 24th March 2009, 24th April 2009 and 8th May, 2018, particularly to the extent provide for all posts upto SAG level being filled up by promotion only and not by deputation, and to thereafter conduct CR of Group 'A' Officers of each cadre, by treating each service as Organised Group 'A' Service (OGAS), as held by this Court in G.J. Singh Vs. Union of India 2015 SCC online Del 11803 and affirmed by the Supreme Court in Union of India Vs. Harananda (2019) 14 SCC 126."
(3.) The writ petitions were disposed of in the following terms by the High Court:- "We thus dispose of these petitions: (I) By permitting the members of each Central Armed Police Force to, if so desire, make comprehensive representation(s) to the Ministry of Home Affairs, for amendment of the respective Recruitment Rules of each Central Armed Police Force including qua Cadre Structure, Residency, Deputation etc. (II) By directing the Ministry of Home Affairs to, in compliance of the DoPT OMs dated 31st December, 2010 and 8th May, 2018, immediately undertake the exercise for review of existing Recruitment Rules of each Central Armed Police Force, also taking into consideration the representation(s), if any, received from the members of the Central Armed Police Forces and after giving them an opportunity of being heard and to place its decision in this regard before the Department of Personnel and Training. (III) By directing the Department of Personnel and Training to, immediately on receipt of decision from the Ministry of Home Affairs qua review of Recruitment Rules of respective Central Armed Police Forces, take necessary action thereon; (IV) By permitting the petitioners to make comprehensive representation(s) qua each Central Armed Police Force to the Department of Personnel and Training, qua the Cadre Review due in the year 2021 including as to the terms of reference if any thereof. (V) By directing the Department of Personnel and Training to ensure timely commencement of Cadre Review exercise due in the year 2021 and to, in the terms of reference qua Cadre Review for Central Armed Police Forces, consider incorporating the representation(s), if any, made by the members of each Central Armed Police Force, and the decision of the Ministry of Home Affairs qua the review of Recruitment Rules of each Central Armed Police For. (VI) By directing that the entire exercise aforesaid be concluded on or before 30th June, 2021." ;