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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
CMDT Lal Singh Yadav - Appellant
Versus
Union of India - Respondent
W.P. (C) 1979 of 2021, CM Appls. 5780-81 of 2021
Decided On : 15-02-2021
Important Points
Subject
Administrative Law - Service Law
Headnote
(B) Scope of Writ - Writ petition can be treated as representation seeking resolution of pending claims without expressing opinion on merits. (Paras 5, 6)
Facts of the case:
The writ petition appeals for direction to grant NFFU benefits based on previous Supreme Court rulings for Group 'A' officers, referencing the 6th CPC recommendations. The petitioners’ earlier representation remains undecided.
Findings of Court:
The court mandates that the respondents must decide the petitioners’ representation within twelve weeks, maintaining neutrality on the merits.
Issues: Whether the personnel of Assam Rifles are entitled to NFFU and the proper procedural direction for their representation.
Ratio Decidendi: The court affirmed the principle that lack of recommendation by the 6th CPC does not preclude benefits for all Group 'A' officers as confirmed by the Supreme Court precedents.
Result: Writ petition disposed of, representation to be decided.
| Table of Content |
|---|
| 1. petition filed for nffu benefits. (Para 1) |
| 2. arguments for nffu based on previous court rulings. (Para 2 , 3) |
| 3. court's directive on representation handling. (Para 4 , 5) |
| 4. writ petition disposed with directions. (Para 6) |
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed seeking a direction to the respondents to grant the benefits of Non-Functional Financial Upgradation (NFFU) to the personnel of the Assam Rifles Force in accordance with the judgment and order dated 05th February, 2019 passed by the Supreme Court in Union of India v. G.J. Singh and Union of India v. Karuna Nidhan, reported in Union of India and others v. Harananda and others, (2019) 14 SCC 126.
2. Learned counsel for the petitioners states that the 6th Central Pay Commission recommended NFFU to all Group `A' officers in various organized Group `A' Services w.e.f. 01st January, 2006.
3. She submits that this Court in G.J. Singh (supra) and Karuna Nidhan (supra) has held that merely because the 6th CPC has not recommended grant of NFFU to a particular service, the Group `A' officers cannot be denied the NFFU, which is otherwise granted to all other officers of Group `A' Central Civil Services. He points out that the Supreme Court upheld the said judgments vide judgment dated 5th February, 2019 in G.J. Singh (supra) and Karuna Nidhan (supra).
4. A perusal of the paper book reveals that the petitioners' representation dated 19th April, 2019 has not been decided till date.
5. Keeping in view the aforesaid, this Court directs that the present writ petition shall be treated as a representation to respondent No.1 which shall be decided by him by way of a reasoned order within twelve weeks. This Court clarifies that it has not expressed any opinion on merits of the matter. All rights and contentions of parties are left open.
6. With the aforesaid direction, the present writ petition and applications stand disposed of. In the event the petitioners are aggrieved by the decision of respondent no. 1, they shall be at liberty to file appropriate proceedings in accordance with law.
