No distinction between organized and unorganized Group ‘A’ services for NFU financial upgradation, following NFSG parity.

ORDER

Per : Hon’ble Mr Justice Rameshwar Vyas

1.Being aggrieved by letter dated 22.09.2015 (Annex. A/1) whereby the prayer of the applicant to grant Non-Functional Upgradation [NFU] has been declined for the reason that CMO cadre under Director General Armed Forces Medical Service [DGAFMS] is not included in the Organised Gp ‘A’ services under Govt. of India, the applicant has preferred this OA to quash and set aside above order and seeks direction against the respondents to extend the benefit of NFU to the applicant w.e.f. 31.03.2006 and grant him the pay scale of Rs 67000-79000 w.e.f. 31.03.2006 as has been granted to other Medical Officers serving under the DGOF under the Ministry of Defence with consequential benefits.

2. The facts necessary to adjudicate this OA are as under:-

2.1 The applicant entered the services of the respondent department after being selected through Union Public Service Commission (UPSC) on the post of Medical Officer/Assistant Surgeon Grade-I w.e.f. 25.08.1973. Subsequently, he was promoted as Sr. Medical Officer w.e.f. 01.01.1987. It is averred that the above mentioned promotion was in pursuance of the directions issued by the CAT Mumbai Bench in OA No. 281/1991 wherein adjudication was done with regard to denial of time bound promotion to other similarly situated persons. The cadre consisting of Civil Medical Officers (Assistant Surgeon Grade- I/Civilian), civilian Medical Officer of Navy including Medical officer and Demonstrators in the Armed Forces Medical College were merged to form a cadre under the Director General of Armed Forces Medical Services (DGAFMS) and the posts were given a fresh nomenclature as Civilian Medical Officer in respect of the applicant’s post. Applicant had served DRDO at Jodhpur from January, 2003 till the date of his retirement on 31.01.2008.

2.2 Vide OM dated 06.06.2000 (Annex. A/2) issued by DoP&T, the existing ceiling of 15% for grant of Non-Functional Selection Grade (NFSG) in all organised Group ‘A’ Central Services was increased to 30% with prospective effect. Since Civilian Medical Officer [CMO] cadre working under the DGAFMS were not extended the benefit of NFSG, the applicant approached this tribunal by filing OA No. 138/2006 praying for grant of benefit of NFSG in pursuance of circular dated 06.06.2000 and also for extending the benefit of Dynamic Assured Career Progression Scheme (DACP).

The respondents resisted the OA on the ground that since the applicant does not belong to organized Group ‘A’ service, the benefit of order dated 06.06.2000 cannot be extended to him. This tribunal took note of the contention of learned counsel for the applicant to the effect that when the Mumbai Bench of this Tribunal has held that posts of Medical Officers of DGAFMC was comparable to their counter parts in the Central Health Scheme and accordingly when the respondents have already implemented the order of the Mumbai Bench of this Tribunal, they cannot turn round to say that such further benefits available to the Central Health Service doctors cannot be extended to the DGAFMC. After hearing the parties and considering the fact that his case pending since 2002 has not been refuted by the respondents, the respondents were directed to arrive at a judicial decision keeping in view the observations made by the Apex Court in the matter of Mizoram Eng. Service Assn. (supra). This tribunal quoted the observations made by Hon’ble Supreme Court in the above judgment at page 223, which reads as under :

“.....Apart from the reason of absence of recruitment rules for the Engineering Service, we see hardly any difference in organized and unorganized service so far as Government service is concerned In G