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IN THE HIGH COURT OF DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
V.K. Tandon - Appellant
Versus
Union of India - Respondent
W.P.(C) 6459 of 2015
Decided On : 22-09-2022
Important Points
Subject
Administrative Law - Public Service Employment
Headnote
(B) The Court held that the applicants were not entitled to NFU as they did not fulfill the necessary promotion criteria. (Paras 20, 22)
(C) The decision of the Central Administrative Tribunal (CAT) was found to be justified as per the established legal principles. (Paras 17, 19, 29)
Facts of the case:
The petitioners, members of Central Power Engineering Service, sought NFU after the CAT denied their application for financial upgradation citing their failure to meet criteria based on length of service and field experience.
Findings of Court:
The court found that the denial of NFU was in accordance with the service rules and eligibility criteria as established by the governing documents.
Issues: The main issues were whether the fulfillment of promotion criteria is a prerequisite for NFU and whether there was any discrimination against the applicants.
Ratio Decidendi: The court reasoned that the criteria for promotions are strictly necessary for any form of financial upgradation, reaffirming that NFU does not bestow promotion rights unless eligibility conditions are met.
Result: Writ Petition dismissed.
| Table of Content |
|---|
| 1. introduction of the case and the facts. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner’s claims and relief requests. (Para 7 , 8 , 9) |
| 3. court's examination of eligibility criteria. (Para 12 , 13 , 14 , 15) |
| 4. determination of applicants' eligibility and claim validity. (Para 16 , 17 , 18 , 19) |
| 5. final decision and dismissal of the petition. (Para 20 , 21) |
JUDGMENT
Satish Chandra Sharma, C.J. The Petitioner before this Court have filed present Petition being aggrieved by the order dated 14.01.2015 passed in OA No. 3728/2013 passed by the Central Administrative Tribunal ("CAT"), by which the CAT has declined the prayer for grant of non-functional upgradation in Pay Band-4 (Senior Administrative Grade in the Pay Band of Rs.37,400-67,000 + Rs.10,000/- Grade Pay.
2. The facts of the case reveal that the Petitioners who are either serving employees or who have attained the age of superannuation became members of Central Power Engineering (Group A Service) through a process of selection conducted by Union Public Service Commission during the Years 1977 to 1984.
3. It is undisputed fact that all the Petitioners at the relevant point of time when the OA was preferred were placed in the Junior Administrative Grade (JAG) carrying Pay Band IV (Rs.37,400-67,000) with Rs.8,700/- as Grade Pay, and they were posted as Director/Superintendent Engineering.
4. The facts further reveal that service conditions of the Petitioners are governed under the Rules known as Central Power Engineering (Group-A) Service Rules,. 2005, and based upon the recommendations of the 6th Pay Commission, the Government of India vide Resolution dated 29.08.2008 has revised the pay structure and overall service conditions of all Central Government Employees including the Petitioners with effect from 01.01.2006. An Office Memorandum was issued on 29.08.2008. Relevant extract of the Office Memorandum is reproduced as under:
"(III) Pay scales of Central Services Group `A'
| Sl. No. | Recommendations of the Sixth Pay Commission | Decision of the Government |
| (i) | Central Services Group `A' Grade Pay Rs.5400 in PB-3 (Rs. 15600-39100) for the pre-revised pay scale of Rs.8000/- 13500. | Accepted |
| Grade Pay Rs.6100 in PB-3 for the pre-revised pay scale of Rs.10000-15200/- | Grade Pay modified at Rs.6600. | |
| Grade Pay Rs.6600 in PB-3 for the pre-revised pay scale of Rs.12000-16500. | Grade Pay modified to Rs.7600. | |
| Grade Pay Rs.7600 in PB-3 for the pre-revised pay scale of Rs.14300-18300. | Grade Pay modified to Rs.8700 and placed in PB-4. PB-4 modified to Rs.37400-67000. | |
| Grade Pay Rs.9000 in PB-4 for the pre-revised pay scale of Rs.18400-22400. | Grade Pay modified to Rs.10000 | |
| Grade Pay Rs.11000 in PB-4 for the pre-revised pay scale of Rs.22400-24500. | Grade Pay modified to Rs.12000 | |
| Grade Pay of Rs.13000 in PB-4 for the pre-revised pay scales of Rs.22400-26000 and Rs.24050-26000. | A new pay scale of Rs.75500-(annual increment @ 3%) - 80000 designated as HAG+ carved out of PB-4 | |
| Apex Scale of Rs.80000(fixed) | Accepted | |
| Whenever any IAS officer of a particular batch is posted in the Centre to a particular grade carrying a specific grade pay in pay bands PB-3 or PB-4, grant of higher pay scale on non-functional basis to the officers belonging to batches of organized Group A services that are senior by two years or more should be given by the Government. | Accepted. This will also be applicable to the Indian Police Service and the Indian Foreign Service in their respective State cadres for which the relevant cadre controlling authorities will issue the orders. | |
| Eligibility criteria prescribed for promotion to Senior Administrative Grade in various organized group A services should be uniform. | Accepted. | |
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5. The Government of India notified Non-Functional Upgradation (NFU) for Group A Officers of timescale basis, and the non-functional upgradation was made applicable with a retrospective effect i.e. with effect from 01.01.2006.
6. All the Cadre Controlling Ministries and the Departments were required to amend Serv
