Issues Related to Service Matters of DANICS, DASS Cadre, And Transfer Policy of AGMUT Cadre officers - Law Assignment Help

Assignment Task

Background
State Cadre officers gather the main experience in their respective segments and after induction into the IAS/IPS most of the SCS/SPS officers have approximately 8 – 12 years of service left in their career. In the present policy the tenure length of the officers has been indicated in two categories according to the number of vacancies in each constituent segment of the AGMUT Cadre. As per the tables given (one for IAS and the other for IPS) it may be seen that the tenure for DIG and below officers, is 16 years and 4 years have been indicated as hard areas which means that out  of 16 years, ¼ (one fourth) of the tenure is in Category B (hard area).  For an SPS officer his/her seniority is ante-dated (back seniority is given as per the formula which has changed from time to time) as per the weightage of his/her service span in the State Cadre. Therefore, while he serves the department with a DANP badge on his/her shoulder during this time. If we consider wearing an IPS badge to be a matter of pride and a selection process which a candidate successfully passes, but the delay in promotion due to lack of vacancies hampers his morale more than what he/she would have expected at the time of joining the service. So the period of back date seniority which is typically 5 to 8 years are spent as a DANIPS officers without actually having the pride of wearing the IPS Rank/Badge.

Similar argument can be given for an DANICS officer. In this background we may see that an DANICS/DANIPS officers becomes junior to his/her IAS/IPS counterpart by about 10-15 years while both have been recruited from the same UPSC examination in which rank of a DANICS/DANIPS officer is lower than that of his/her IPS counterparts.
While the delay works against the career prospects of an SPS/SCS officer but at the same time, his/her rich field experience is an edge which can be maximum utilized by incorporating separate clauses in the policy as mentioned in the following paras.

Issue pertaining to Hard area tenure 
As per the present policy the table is common for both the RR and the SCS/SPS officers while the SCS/SPS officer has been left with very few years of service left. Further promotional prospects of various constituent segments of the AGMUT Cadre are different and induction into the All India Service happens at varying lengths of the service. Therefore, the SCS/SPS officers should not be subjected to the career tenures as per the two tables given. 

Recommendations with justification against each

"Tenure of SCS/SPS officers (including Hard area /outlying area tenure)
Since induction into the All India Service, the State Cadre officer has been left with very few years of service. Therefore, the tenures of SCS/SPS officers cannot be categorized as per the two tables. Instead, it is proposed that only ¼ (one-fourth) of the tenure (remaining after Induction into the All India Service) of the officers shall be in Category B (hard area).  With this for an SCS/SPS officer who has only 8 years left in the career at the time of his/her induction into IPS, he should not be considered for more than 2 years in Category B.  After that the officer experience shall be utilized for at least 5 years in the main segment (say Mizoram in case of a Mizoram Police Service Officer or say Delhi in case of a DANIPS officer). After this, if he/she has more than 4 years remaining service at this juncture, then only he/she may be posted to one more tenure (2nd tenure) of 2 years in the outlying segment, provided there is a requirement in that outlying Constituent segment.
Since, the state cadre officers gather rich experience at various positions in the home segment at various levels and in various departments, his/her services would be more beneficial to the department of the home state/UT provided he/she serves in that State/UT at a senior level too.  Therefore, the services of the state cadre officers should be utilized for a majority period in the home segment otherwise their experience will be wasted if he is made to serve in the outlying segment because of very little time he /she has in his/her career after induction into the All India Service."

" Sl. No. 8 (vi) (b) the clause may be omitted"
Justification: The officer posting in the outlying segment should be as per the requirement of the constituent segment wherever he/she is being considered for posting. In many cases, the timings of such posting bear a loss to the home segment and also make the officer surplus in the outlying segment.
It may be seen that in order to uniformly apply the policy to each and every officer, the officer is posted in the outlying segment even though such transfers have an impact that there are surplus officers (more than the sanctioned strength) in the smaller segments. Such transfers neither benefit the smaller segments to the extent that the officer does not function in his/her full capacity (many a time drawing his/her pay from other posts, does not have a proper office or official accommodations), nor the home segment which suffers the loss of his/her rich experience

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