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PANKAJ MITHAL, S. V. N. BHATTI
Union of India – Appellant
Versus
Sunil Kumar Rai – Respondent
| Table of Content |
|---|
| 1. background of nfu claims by junior engineers (Para 2 , 3) |
| 2. arguments for and against nfu eligibility (Para 4 , 5 , 6) |
| 3. court's affirmation of eligibility criteria for nfu (Para 9) |
| 4. final dismissal of appeal and directive for nfu implementation (Para 10) |
| 5. reasoning supporting grant of nfu to junior engineers (Para 11 , 12 , 13) |
JUDGMENT :
S.V.N. BHATTI, J.
1. Leave granted.
2. The subject matter of the Civil Appeal centres around Para 7.4.13 (iv)(b) of the Seventh Central Pay Commission, and the letter dated 19.02.2021 issued by the Border Road Organization (For short “BRO”), rejecting the claim for extension of Non-Functional Upgradation (For short “NFU”) to Level 9. The excerpts of the above are noted hereunder:
7.4.13 The following is recommended:
i. The VI CPC had recommended that posts carrying minimum qualifications of diploma in engineering should be placed in GP 4200. while those requiring a degree in Engineering should be placed in GP 4600. This Commission is also of a similar view. Accordingly, normal replacement pay scales are recommended.
ii. The question of change in designations is an administrative one and best left to the
Completion of four years in Grade Pay of Rs. 4,800/- entitles Junior Engineers to Non-Functional Upgradation to Level 9, contrary to the Respondents' denial based on entry-level Grade Pay criteria.
The main legal point established in the judgment is that employees who have completed four years of service in a specific grade pay are entitled to the Non Functional Upgradation Scale recommended by....
The Tribunal ruled that equal benefits must be granted to all similarly situated employees concerning non-functional grade pay, ensuring compliance with prior judicial decisions.
Group B postal employees entitled to non-functional Grade Pay Rs. 5400/- after 4 years in Rs. 4800/- per 6th CPC Resolution, uniformly applicable.
NFU for OGAS officers requires fulfilling prevailing RRs eligibility criteria on screening date, despite IAS posting parity.
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