SANJAY PRAKASH & ORS. versus UNION OF INDIA & ORS.

Citation: [2025] 5 S.C.R. 2726 · Decided: 23-05-2025 · Supreme Court of India · Bench: ABHAY S. OKA · Disposal: Disposed off

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Judgment (excerpt)

[2025] 5 S.C.R. 2726 : 2025 INSC 779
Sanjay Prakash & Ors. 
v. 
Union of India & Ors.
(Civil Appeal No. 13104 of 2024)
23 May 2025
[Abhay S. Oka and Ujjal Bhuyan,* JJ.]
Issue for Consideration
Whether the Central Armed Police Forces (CAPFs) are included 
in Organized Group-A Service (OGAS); all benefits available to 
OGAS, if available to the CAPFs.
Headnotes†
Central Armed Police Forces (CAPFs) – CRPF, BSF, SSB, ITBP 
and CISF, collectively known as CAPFs, whether included in 
Organized Group-A Service (OGAS) – All benefits available to 
OGAS, if available to the CAPFs – Grievances of the appellants-
officers belonging to different CAPFs were non-recognition 
as OGAS, non-grant of Non-Functional Financial Upgradation 
(NFFU) and service stagnation because of lateral entry by 
way of deputation of IPS officers into the higher grades of 
the respective CAPFs due to which they were unable to get 
timely promotion – Plea of the appellants inter alia that DoPT 
had accepted the judgment of this Court in Harananda by 
issuing OM dtd. 12.07.2019 requiring CRPF and the other four 
CAPFs to be treated as OGAS for cadre issues and all other 
related matters; that once the CAPFs are declared as OGAS 
for all purposes, consequential steps like cadre review and 
restructuring of the service rules/recruitment rules will follow 
eliminating lateral entry, like by way of deputation, to posts 
upto the Senior Administrative Grade level; that Ministry of 
Finance had accepted the recommendations of the Sixth 
Central Pay Commission to the effect that eligibility criteria 
prescribed for promotion to Senior Administrative Grade in 
various Group-A services should be uniform:
Held: CAPFs are OGAS for all purposes – Government of India 
has accepted the CAPFs as belonging to OGAS vide the DoPT 
OM dtd.12.07.2019 – Since, the Central Government has accepted 
* Author
[2025] 5 S.C.R. 
2727
Sanjay Prakash & Ors. v. Union of India & Ors.
that CAPFs are included in OGAS, the natural consequences 
should follow – Eligible officers belonging to the CAPFs have 
already been granted NFFU following the decision of this Court 
in Harananda – DoPT OM dtd.12.07.2019 makes it clear that the 
CAPFs have been treated as OGAS for cadre issues and all other 
related matters – When CAPFs have been declared as OGAS, all 
benefits available to OGAS should naturally flow to the CAPFs – It 
cannot be that they are granted one benefit and denied the other – 
High Court did not take note of OM dtd. 12.07.2019 while disposing 
of the writ petitions filed by the appellants vide the impugned 
judgment – Cadre review to be carried out in all the CAPFs which 
was due in the year 2021; Ministry of Home Affairs, Government 
of India to give effect to the DoPT OM dtd.12.07.2019; review of 
the existing service rules/recruitment rules of each of the CAPFs 
be undertaken; number of posts earmarked for deputation in the 
cadres of the CAPFs upto the level of Senior Administrative Grade 
should be progressively reduced. [Paras 37, 43, 45]
Central Armed Police Forces (CAPFs) – Deputation of IPS 
officers in each of the CAPFs – Review of policy decision:
Held: There are various issues connected with the deployment of 
CAPFs, including coordinating with the State Governments and the 
state police force – Central Government in its wisdom has taken 
the view that presence of IPS officers in each of the CAPFs is 
vital to maintain the character of each of the CAPFs as a unique 
central armed force – This is a policy decision – However, this 
Court cannot also be oblivious of the grievance expressed by 
officers of the CAPFs – Their dedicated service upholding the 
security, integrity and sovereignty of the nation while safeguarding 
borders and maintaining internal security within the country cannot 
be ignored or overlooked – They discharge their duties under very 
demanding conditions – They have a grievance that because of 
lateral entry into the higher grades of the respective CAPFs, they 
are unable to get their timely promotion – Consequently, there is 
a great deal of stagnation – Such stagnation can adversely impact 
the morale of the forces – This also needs to be factored in while 
considering review of such policy decision. [Para 44]
Case Law Cited
Union of India v. Harananda (2019) 14 SCC 126; Purushottam 
Lal v. Union of India (1973) 1 SCC 651; Laljee Dubey v. Union of 
India [1974] 2 SCR 249 : (1974) 1 SCC 230 – referred to.
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[2025] 5 S.C.R.
Supreme Court Rep

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