Delhi High Court - Orders
Madhav Chaturvedi And Ors vs Union Of India And Ors on 15 December, 2020
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Asha Menon
$~8&9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 9389/2020
MADHAV CHATURVEDI AND ORS. ..... Petitioners
Through: Mr. Ankur Chhibber, Adv.
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Waize Ali Noor, G.P., Mr.
Kirtiman Singh CGSC, Mr. Rohan
Anand Adv., Mr. Taha Yasin, Adv.
AND
+ W.P.(C) 9391/2020
V. P. CHACKO AND ORS. ..... Petitioners
Through: Mr. Ankur Chhibber, Adv.
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. D.S. Mehandru, Sr. Panel
Counsel.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 15.12.2020 [VIA VIDEO CONFERENCING]
CM No.30235/2020 in W.P.(C) No.9389/2020 & CM No.30240/2020 in W.P.(C) No.9391/2020 (both for exemption)
1. Allowed, subject to just exceptions and as per extant rules.
2. The applications are disposed of.
W.P.(C) 9389/2020 & W.P.(C) 9391/2020
3. The 14 personnel in W.P.(C) No.9389/2020 and 17 personnel in W.P.(C) No.9391/2020, of the respondents Border Security Force (BSF), by these petitions, seek mandamus, directing the respondents BSF to, (i) grant W.P.(C) Nos.9389/2020&9391/2020 Page 1 of 2 Non-Functional Financial Upgradation (NFFU) for Junior Administrative Grade (JAG) with effect from 25th July, 2011, by extending relaxation for the requirement of pre-promotional course, on the grounds of delayed detailment of the petitioners by the respondents BSF and for relaxation in the requirement of the mandatory field service of the petitioners on the ground that they were posted in public interest by the respondents BSF; and,
(ii) grant the benefit of the NFFU for JAG to the petitioners from 25th July, 2011 in accordance with the Department of Personnel & Training (DoPT) Office Memoranda dated 24th April, 2009 and 26th September, 2011 along with interest, arrears payable and all consequential benefits.
4. The counsel for the petitioners on enquiry states that the aforesaid dates are applicable only to W.P.(C) No.9389/2020 and in W.P.(C) No.9391/2020, the dates are different.
5. The counsels for the respondents BSF, appearing on advance notice, state that a counter affidavit is required to be filed.
6. Counter affidavit be filed within six weeks.
7. Rejoinder, if any, be filed within further four weeks thereafter.
8. List for hearing on 20th April, 2021.
RAJIV SAHAI ENDLAW, J ASHA MENON, J DECEMBER 15, 2020 'gsr' W.P.(C) Nos.9389/2020&9391/2020 Page 2 of 2