Delhi High Court - Orders
Suresh Kumar Dutta vs Union Of India & Ors on 20 October, 2020
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Asha Menon
$~VC-7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 8237/2020, C.M. Appl. No.26697/2020 (for exemption)
SURESH KUMAR DUTTA .....Petitioner
Through: None
versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Arun Bhardwaj CGSC and Mr.
Abhishek Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
OR D E R
% 20.10.2020
[VIA VIDEO CONFERENCING]
C.M. Appln. No.26697/2020 (Exemption from filing the fair
typed copies of dim annexures and the documents which have
less left and right side margin and documents which have small
font size)
1. Allowed, subject to just exceptions and as per extant rules.
2. The application is disposed of.
W.P. (C) 8237/2020
3. The petitioner, having superannuated from the respondents
Border Security Force (BSF) from the post of Inspector General
(I.G.) on 30th June, 2008, has filed his petition seeking the financial
benefit, pre and post retirement, of Non-Functional Financial
Upgradation (NFFU) and to which the personnel of the Central
W.P. (C) 8237/2020 Page 1 of 3
Armed Police Forces (CAPFs) have become entitled pursuant to
the dicta in G.J. Singh Vs. Union of India 2015 SCC OnLine Del
11803 (DB), upheld in Union of India Vs. Harananda (2019) 14
SCC 126.
4. The counsel for the respondents BSF appearing on advance
notice states that it will have to be verified whether or not there
was any post, to which the petitioner, to be entitled to NFFU, could
have been promoted.
5. It is the contention of the counsel for the petitioner that the
stand of the respondents BSF in para 3 (iii) (b) of the letter dated
30th September, 2019, Annexure P-1 to the petition, is contrary to
what the Department of Personnel and Training (DoPT) has
prescribed in Office Memorandum (OM) dated 25th September,
2009, Annexure P-13 'Colly' to the petition, read with
communication dated 25th May, 1987, also Annexure P-13 'Colly'
to the petition and the OM dated 15th December, 2009, Annexure
P-14 to the petition.
6. It is also stated that identical issue is subject matter of
adjudication in W.P. (C) 13599/2019 and other connected petitions,
order dated 23rd December, 2019 wherein is Annexure P-17 to the
petition, and which are now listed next on 14th December, 2020.
7. Issue notice.
W.P. (C) 8237/2020 Page 2 of 3
8. Notice is accepted by the counsel for the respondents BSF.
Counter affidavit, if any be filed on or before 25th November, 2020;
rejoinder thereto, if any be filed on or before 10th December, 2020.
9. List along with W.P.(C) 13599/2019 and other connected
petitions on 14th December, 2020.
RAJIV SAHAI ENDLAW, J.
ASHA MENON, J. OCTOBER 20, 2020 akanshasingh W.P. (C) 8237/2020 Page 3 of 3