Delhi High Court - Orders
Sh. Devendra Mohan And Ors vs Union Of India And Ors on 16 January, 2024
Author: Rekha Palli
Bench: Rekha Palli, Rajnish Bhatnagar
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6181/2019 & CM APPL. 26562/2019 -Addl. doc.
SH. DEVENDRA MOHAN AND ORS. ..... Petitioners
Through: Mr.Sagar Saxena, Mr.Parmeet Singh,
Mr.Soumo Palit & Mr.Sarthak Pandey, Advs.
versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr.J.K.Tripathi, Adv.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 16.01.2024
1. The present petition under Articles 226 & 227 of the Constitution of India seeks to assail the order dated 27.07.2018 passed by the learned Central Administrative Tribunal (Tribunal) in O.A. No.2490/2013. Vide the impugned order, the learned Tribunal has rejected the claim of the petitioners for grant of Non Functional Upgradation (NFU) payable to officers belonging to Organised Group 'A' services as per OM dated 24.04.2009 issued by the Ministry of Personnel, Public Grievances and Pensions.
2. Learned counsel for the petitioners submits that the impugned order is wholly perverse and cryptic as the learned Tribunal instead of deciding the question as to whether the petitioners fulfil the criteria prescribed in OM dated 24.04.2009 for grant of NFU, has without any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 15:21:41 basis arrived at an erroneous conclusion that the sixth CPC had not recommended grant of NFU to the officers of the Defence Research and Development Service (DRDS). He submits that the fact that the DRDS, to which the petitioners belong, is an Organised Group 'A' service has not been seriously disputed by the respondents. On the other hand, the only ground on which the respondents had rejected the petitioners' claim for grant of NFU was that the petitioners were already drawing benefit under the Flexible Complementing Scheme (FCS) and were, therefore, not be eligible for grant of NFU.
3. By drawing our attention to the OM dated 03.05.2018 Ministry of Personnel, Public Grievances and Pensions, he submits that subsequent to the judgment of this Court in W.P.(C) 4067/2014 and 4073/2014, the ministry has itself come up with an OM clearly stating that even those officers who are covered by the FCS or Dynamic Assured Career Progression (DACP), would also be entitled to grant of NFU, subject to their fulfilling the criteria mentioned in OM dated 24.04.2019. He, therefore, prays that the petitioners who belong to an Organised Group 'A' service be extended the benefit of NFU by setting aside the impugned order.
4. Learned counsel for the respondents supports the impugned order by reiterating the pleas taken before the learned Tribunal and submits that the petitioners being covered by the FCS scheme will not be entitled to NFU. He therefore contends that there is no infirmity in the impugned order.
5. Having perused the OM dated 03.05.2018, we find absolutely no merit in this plea of the respondent which is liable to be out rightly This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 15:21:41 rejected. Once the Ministry has come up with a specific OM dated 03.05.2018 clearly stating that the applicability of the FSC would not be a bar for considering the officers of Organised Group 'A' services for NFU, the respondents cannot be permitted to urge that the petitioners could not be granted the benefit of NFU on account of their being covered under the FSC. The question however which still needs to be determined is as to whether the petitioners are infact members of an Organised Group 'A' service, which is a prerequisite for grant of NFU.
6. Both sides pray for and are granted time to obtain instructions in this regard.
7. At request, list on 30.01.2024.
REKHA PALLI, J RAJNISH BHATNAGAR, J JANUARY 16, 2024 kk This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 15:21:41