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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
| 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.
The court held that the lack of 6th CPC recommendation does not preclude Group 'A' officers from receiving Non-Functional Financial Upgradation benefits as established by prior Supreme Court decision....
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.
NFU for OGAS officers requires fulfilling prevailing RRs eligibility criteria on screening date, despite IAS posting parity.
No distinction between organized and unorganized Group ‘A’ services for NFU financial upgradation, following NFSG parity.
CAPFs are classified as Organized Group A Services, entitled to Non-Functional Financial Upgradation, without needing to fulfill every attribute listed in DoPT guidelines.
The Court affirmed that entitlement for Non-Functional Upgradation after four years of service is independent of initial grade pay, emphasizing equity in pay scales among similar job roles.
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.
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