ABHAY S. OKA, UJJAL BHUYAN
Sanjay Prakash – Appellant
Versus
Union Of India – Respondent
| Table of Content |
|---|
| 1. common grievance of capf personnel. (Para 2 , 3) |
| 2. claims based on pay commission report. (Para 4 , 6) |
| 3. sixth central pay commission's observations. (Para 5 , 7) |
| 4. the grievances of capfs about service rules and nffu stem from their classification as ogas. (Para 8) |
| 5. high court rulings on ogas classification. (Para 11 , 16) |
| 6. issues surrounding nffu eligibility. (Para 12 , 19) |
| 7. detailed discussions reflect the established status of capfs as ogas which must receive benefits accordingly. (Para 23 , 25 , 31) |
| 8. outcome of capfs as ogas and cadre review. (Para 24 , 32 , 45) |
JUDGMENT :
UJJAL BHUYAN, J.
Substantive grievance in all the civil appeals being identical, those were heard together and are being disposed of by this common judgment and order.
2. All the civil appeals arise out of the common judgment and order dated 27.07.2020 passed by the High Court of Delhi (High Court) disposing of the following writ petitions:
(i) W.P.(C) No. 12052 of 2019 (Tarun Kumar Banjaree & Ors. Vs. Union of India & Ors.);
(ii) W.P.(C) No. 12751 of 2019 (Sanjay Prakash & Ors. Vs. Union of India & Ors.);
(iii) W.P.(C) No. 12875 of 2019 (Mahendra Singh Deo Vs. Union of India & Ors.);
(iv) W.P
Harananda Vs. Union of India 2012 SCC OnLine Del 6001 [Para 10]
Purushottam Lal Vs. Union of India
Laljee Dubey Vs. Union of India (1974) 1 SCC 230 [Para 16.8]
CAPFs are classified as Organized Group A Services, entitled to Non-Functional Financial Upgradation, without needing to fulfill every attribute listed in DoPT guidelines.
No distinction between organized and unorganized Group ‘A’ services for NFU financial upgradation, following NFSG parity.
NFU for OGAS officers requires fulfilling prevailing RRs eligibility criteria on screening date, despite IAS posting parity.
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Service Law - Ex-serviceman - Appointment to any reserved vacancy - once employment Notification/Advertisement provides for “Equivalent” conduct of an exercise to determine equivalence is essential -....
The court emphasized the importance of timely decision-making by the respondents in line with the Supreme Court's judgment, without expressing any opinion on the merits of the matter.
The court emphasized the need to address the issue of acute stagnation faced by directly appointed Assistant Commandants in the Executive Cadre of Central Reserve Police Force through cadre review an....
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