O R D E R By Akhil Kumar Srivastava, JM;

The applicant is aggrieved that he has not been granted Non Functional Selection Grade (NFSG) w.e.f.01.01.2004, i.e. after completion of 13 years of service.

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2. Brief facts of the case are that the applicant was initially appointed as Additional Divisional Engineer (Probationer) on 06.01.1992 in Junior Time Scale (JTS). Thereafter he was promoted to the next higher post and presently working as Sr. General Manager (Project) in Bharat Broad Band Network Limited at Indore. On 07.08.2006 (Annexure A-1), the applicant was imposed with the punishment of ‘censure’ for the chargesheet issued to the applicant in the year 2003. Meanwhile, in the year 2004, after completion of 13 years of service, the applicant was eligible for NFSG. However due to pendency of departmental enquiry, the applicant was not granted NFSG and finally on 07.08.2006 after imposition of penalty, the applicant was allowed the benefit of NFSG. The ground for denying NFSG to the applicant w.e.f.01.01.2004 was because of pending departmental enquiry while the fact remains