NFU for OGAS officers requires fulfilling prevailing RRs eligibility criteria on screening date, despite IAS posting parity.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

Since a common question of facts and law arises in the present O.As., we have heard both the OAs together and they are being disposed of by this common order. However, for the sake of brevity, the facts are primarily being extracted from O.A. No. 3905/2015 being the lead case, with the consent of the learned counsel for the parties.

2. The O.A. No. 3905/2015 has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

“a) quash and set aside the impugned letter dated 10-03-2015 informing the Applicant that he does not qualify for grant of NFU from SAG to HAG.

b) directions to the respondents to grant the Applicant Non functional upgradation from SAG to HAG w.e.f. 26-12- 2007, the due date, instead of 03-12-2009 with all the consequential benefits;

c) pass such other or further order as this Hon’ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case and in the interest of justice.”

3. Highlighting the facts of the case, learned counsel for the applicant submitted as under:

3.1 The applicant joined as Assistant Director (Junior Time Scale grade), which is categorized as an Organised Group 'A' Service, on 02.01.1976 in the Central Water Commission (CWC), i.e. Respondent No.3, on the basis of Combined Engineering Service Examination conducted by UPSC. He retired from Service on 28.02.2010 on attaining the age of superannuation as Chief Engineer, Senior Administrative Grade, in the pay scale of Rs.37,400-67000 plus Grade Pay Rs.10,000/-. He was granted NFU from Senior Administrative Grade (SAG) to Higher Administrative Grade (HAG) w.e.f. 03.12.2009 vide CWC order dated 09.09.2011.

3.2 The request of the applicant for grant of Non Functional Upgradation (NFU) w.e.f. 26.12.2007 instead of 03.12.2009 was rejected by Respondent No.3 vide impugned order dated 10.03.2015.

3.3 In O.A. No. 3940/2015, the applicant joined as Assistant Director on 07.11.1975 and retired from service on 31.10.2011. He was also granted NFU from SAG to HAG w.e.f. 03.12.2009 vide order dated 09.09.2011. However, he received no response to his representation dated 09.04.2014, followed by reminder dated 24.02.2015.

3.4 The learned counsel for the applicant referred to DoPT OM No.AB-14017/64/2008-Estt. [RR] dated 24.04.2009 (Annexure A-2) regarding grant of Non Functional Upgradation (NFU) for Officers of Organised Group 'A' Services in PB-3 and PB-4, which reads as under:

“Consequent upon the acceptance of the recommendations of the Sixth Central Pay Commission, the following orders are issued:

(i) Whenever an Indian Administrative Services Officer of the State of Joint Cadre is posted at the Centre to a particular grade carrying a specific grade pay in Pay band 3 or Pay Band 4, the officers belong to batches of Organized Group 'A' Service that are senior by two years or more and have not so far been promoted to that particular grade would be granted the same grade on non-functional basis from the date of posting of the Indian Administrative Service Officers in that particular grade at the Centre.

(ii) Grant of higher scale would be governed by the terms and conditions given in Annex-I.

(iii) Appropriate amendments in the Service Rules may also be carried out.

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2. Grant of higher scale (i.e pay band and/or grade pay) under these instructions would be w.e.f 1.1.2006, wherever due and admissible.”

3.5 He also referred to the relevant paras of the terms and conditions for grant of Higher Pay Scale on Non Functional Basis as per Annexure-I to