Eligibility for Non-Functional Upgradation to Higher Administrative Grade is contingent upon meeting conditions at time of consideration; amendments cannot be applied retrospectively to those retired prior to their implementation.

ORDER

(Pronounced by Hon'ble Mr. Varun Sindhu Kul Kaumudi, Member(A))

Since the issue involved and the relief sought are similar, these cases are clubbed together and a common order is passed.

2. These OAs have been filed by the applicants seeking the following relief:-

OA 1493/2016

“….to set aside Order No. P (G) / 508 / S.B. dated 04.12.2015 issued by the 2nd Respondent and consequently direct the 1st Respondent to grant Non- Functional Upgradation to the Applicant in HAG with effect from 29.07.2015 with all consequential benefits such as arrears of pay, re-fixation of retirement benefits, arrears upon such re-fixation of retirement benefits and pass such further or other orders as may be deemed fit and proper.”

OA 1746/2016

“…to call for all the records leading to the issue of Order No. E(O)III- 2016/AE/130 dated 21.09.2016 issued by the 2nd Respondent and to quash the same, and consequently;

i. to direct the 1st Respondent to grant Non-Functional Upgradation to the Applicant in Higher Administrative Grade (HAG) with effect from 29.07.2015 with all consequential benefits such as arrears of pay, re-fixation of retirement benefits, and

ii. to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus to render justice.”

3. The facts of the case, as submitted by the Applicants, are summarised as follows:-

3.1. The Applicant in OA 1493/2016 joined the Railways, as an I.R.T.S. Officer, in the year 1983. She entered the Senior Administrative Grade (SAG) in 2003 and, in 2006, she satisfied the eligibility criteria for promotion to the next higher grade of Higher Administrative Grade (HAG). The eligibility criteria prescribed for promotion to the HAG, besides 3 years of service in SAG, also included a condition of having one year of residual service on the date of occurrence of vacancy. Though she satisfied the said criteria in 2006, itself, she could not be considered for promotion due to non- availability of vacancies.

3.2. The Applicant in OA 1746/2016, who belonged to the Indian Railway Personnel Service (IRPS), an Organized Group 'A' Service, retired as a Senior Administrative Grade Officer, after rendering more than 31 years of service, on 31.07.2015, due to superannuation. Though the Applicant had satisfied all the eligibility conditions for promotion to the Higher Administrative Grade (HAG), by 12.09.2004, itself, he was not promoted due to non-availability of vacancies.

3.3. Later, VI-CPC recommended that, whenever any IAS Officer of a particular Batch is posted in the Centre to a particular Grade, carrying specific GPs in PB-3 or PB-4, the Officers belonging to the batches of Organised Group A Services, who are senior by two years or more should be granted such higher common pay on Non-Functional Basis. The Government of India accepted the recommendation and implemented the same.

3.4. Considering the issue of disparity that existed between Organized Group A Officers and IAS Officers, due to lack of promotional opportunities for the former, the 6th Central Pay Commission recommended Non-Functional Upgradation (NFU) for Group-A Service Officers, to bring about pay parity with the IAS Officers. Accordingly, the Government of India, by its Office Memorandum, dated 24.04.2009, introduced NFU for Organized Group A Services. As per the Scheme, an officer would be entitled only to financial upgradation which will not involve assumption of higher duties and responsibilities. However, it was stipulated that the prescribed eligibility criteria, promotional norms for upgradation to the appropriate grade would have to be met while granting NF