The requirement of vigilance clearance is essential for the grant of non-functional scale, and pending disciplinary proceedings can impact the entitlement to such benefits.

G.S. Dhodi, the petitioner in this writ petition impugns order dated 18th July, 2014 passed in OA No. 2208/2012 by the Principal Bench of the Central Administrative Tribunal.

2. The impugned order holds that the petitioner has been rightly denied non-functional scale of Rs.8000-13500 (pre-revised) with effect from 1st January, 1996 on notional basis and with effect from 1st December, 2006 on actual basis. The petitioner had also prayed for setting aside or quashing the orders dated 17th March, 2011 and 20th March, 2012, by which his prayer for grant of non-functional scale of Rs. 8000-13,500 was rejected by the respondent-Government of National Capital of Delhi (GNCTD, hereafter). The petitioner seeks grant of consequential benefits, arrears etc. as well as revision of his retirement benefits.

3. The petitioner was appointed as Lower Division Clerk in Delhi Administration (now GNCTD) in 1971. He was promoted to Grade-I (DASS) in 1989 and to DANICS with effect from 12th April, 2001.

4. The GNCTD vide order dated 1st February, 2007 had decided to grant non-functional scale of Rs.8000-13500 to ad-hoc appointees to DANICS on completion of four years of regular service in Grade-I (DASS) with effect from 1st December, 2006, subject to vigilance clearance. This order was to be effective from 1st December, 2006. However, by a subsequent order dated 19th October, 2007, the earlier order dated 1st February, 2007 was partially modified. It was decided to grant non-functional scale of Rs.8000-13500 in Grade-I (DASS) with retrospective effect, on notional basis with effect from 1st January, 1996, to those who have been appointed as ex-cadre post of DANICS on an ad-hoc basis and with actual benefit, on account of such re-fixation of pay being with effect from 1st December, 2006. The GNCTD issued another clarification dated 23rd August, 2007 referring to various letters received from different departments relating to grant of non-functional scale. In response to query No.3, the clarification given was as under:-

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Whether the vigilance clearance is required for the date on which the officer has completed four years of regular service as Grade-I/Sr. PA or current vigilance clearance is required?

The Vigilance clearance is to be ascertained as on the date on which an official become eligible for non-functional grade, which came into effect 1.12.2006. However, if an officer had completed four years of regular service prior to 1/12/2006, Vigilance Status in his case should ascertain as on 1/12/2006

As clarification given to query No.4 is also relevant, the same is also reproduced below:-

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Whether the upgradation of the scale of Grade-II (DASS) is application to ex-cadre post or not?

This up-gradation/grant of non functional scale issued vide order no. 2/50/ 2003/ S.I/ Pt/38 and 2/50/ 2003/ S.I/Pt/39 and subsequent corrigendum 2/50/2003/ S.I/ Pt/40 dated 1/02/2007 is applicable only in respect of Grade-I (DASS) and Grade-II (Dass)

5. Subsequently, the respondents issued a further clarification vide Office Memorandum dated 14th February, 2008, the relevant portion of which reads as under:-

SI. No.	Clarification	Explanation
1	Whether vigilance clearance is necessary for grant of non-functional scale of Rs.8000-13500 to Gr.I (DASS)/Sr. PA/Adhoc DANICS.	The non-functional scale of Rs.8000-275-13500 is admissible on completion of four years of regular service as Gr.I (DASS)/Sr. PA and also to the Gr.I (DASS)/Sr.PA who have been appointed to ex-cadre post of DANICS on ad hoc basis, subject to their vigilance clearance at the time of grant of Non-functional scale.

6. However, grant of non-functional scales could not be implemented, inspite of the said order, for lack of clarity and as the issue was referred to