Karnataka High Court
Sri Austine Eapen Ancheril vs Union Of India on 25 September, 2023
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2023:KHC:34877
WP No. 19409 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 19409 OF 2022 (S-RES)
BETWEEN:
1. SRI AUSTINE EAPEN ANCHERIL
AGED ABOUT 63 YEARS
A3P02, DLF WESTEND HEIGHTS
ASKHAYANAGAR
BANGALORE-560068
...PETITIONER
(BY SRI. AUSTINE EAPEN ANCHERIL, PARTY IN PERSON)
AND:
1. UNION OF INDIA,
REP BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS,
NORTH BLOCK, NEW DELHI-110001.
2. THE DIRECTOR GENERAL
Digitally INDO TIBETAN BORDER POLICE
signed by
PANKAJA S CGO COMPLEX, BLOCK-2
Location: LODHI ROAD, NEW DELHI-110003.
HIGH
COURT OF
KARNATAKA
3. THE DEPARTMENT OF PERSONNEL & TRAINING
(DOPT)
MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCES AND PENSION
NORTH BLOCK,
NEW DELHI 110 001
(REP. BY ITS SECRETARY)
...RESPONDENTS
(BY SRI. D BASAVARAJA., CGC FOR R-1 TO R-3)
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NC: 2023:KHC:34877
WP No. 19409 of 2022
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO PRAYING
TO-DIRECT THE RESPONDENTS TO GRANT PETITIONER NFFU
TO THE GRADE OF SAG WITH THE EFFECT FROM 18.02.2009
AND HAG FROM 17.09.2018 AS REQUESTED EARLIER TO
RESPONDENTS VIDE ANNEXURE-H1 TO H-4, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner, along with others, filed a writ petition before the Hon'ble Delhi High Court impugning the decision of the Union of India, whereby their request for grant of Non Functional Financial Upgradation ("NFFU" for short) as applicable to the other Group "A" officers of the Central Government was rejected.
2. After contest, the Delhi High Court, by its order dated 03.09.2015, allowed the writ petitions and quashed the Office Memorandum dated 28.10.2010, whereby the request of the petitioners therein, for grant of NFFU, was rejected. The Court, thereafter, directed the respondents to issue a requisite notification granting the benefits of the NFFU as recommended by the VI Central Pay Commission -3- NC: 2023:KHC:34877 WP No. 19409 of 2022 ("VI the CPC" for short) to the petitioners within eight weeks from 03.09.2015.
3. This order was challenged by the Union of India and others before the Supreme Court in Civil Appeal No.1474 of 2019. The Supreme Court, on consideration of the matter, agreed with the decision taken by the Delhi High Court and dismissed the Special Leave Petitions filed by the Union of India. Thus, the direction of the Delhi High Court to issue requisite notification granting the benefits of the NFFU, as recommended by the VI the CPC, to the petitioners, has attained finality.
4. It is also not in dispute that the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training had issued an Office Memorandum dated 01.07.2010 directing that necessary action be taken for grant of higher scale for the officers belonging to batches of Organised Group 'A' Services ("OGAS" for short) who are senior by two years or more and who have not so far been promoted to that particular grade in -4- NC: 2023:KHC:34877 WP No. 19409 of 2022 accordance with the provisions of Departmental Office Memorandum dated 24.04.2009.
5. The Office Memorandum dated 21.05.2009 contains an enclosure, in which it is stated that the batch of 1989 Administrative Officers were posted as Joint Secretaries on 18.02.2009 and as a consequence, the batch of OGAS officers appointed in 1987 and earlier should be considered for NFFU, with effect from 18.02.2009.
6. It is the case of the petitioner that in view of this Office Memorandum, his NFFU ought to have been granted from 18.02.2009, but the respondents had granted him the benefit of NFFU only from 01.11.2019.
7. It is the case of the Union of India that the Cabinet, vide their Note dated 03.07.2019, had approved the proposal for grant of OGAS and the Ministry of Home Affairs conveyed its decision vide Office Memorandum dated 04.07.2019 and subsequently, another Office Memorandum dated 25.07.2019 had been issued -5- NC: 2023:KHC:34877 WP No. 19409 of 2022 conveying the composition of the Screening Committee for consideration of cases for grant of various upgradations and Non-Functional Selection Grade ("NFSG" for short ) to Group 'A' Executive Cadre Officers, and accordingly, based on those instructions, the NFFU was granted to the petitioner from 01.11.2019.
8. It is not in dispute that the Delhi High Court not only quashed the rejection of the petitioner's request for grant of NFFU but it also proceeded to issue a positive direction to issue a Notification granting the petitioner the benefit of NFFU as recommended by the VI the CPC.
9. This order has also been confirmed by the Hon'ble Supreme Court.
10. Thus, as a consequence of these judicial orders, the petitioner became entitled to NFFU within eight weeks from the date of the order of the Delhi High Court i.e., within eight weeks from 03.09.2015.
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11. It is also not in dispute that the Department of Personnel and Training had issued an Office Memorandum dated 01.07.2010 (Annexure 'C1') in which it is held that for those OGAS officers who had been appointed in 1987 and prior, the NFFU would be granted with effect from 18.02.2009.
12. In my view, since the Department of Personnel and Training has categorically stated that the employees who were working in the OGAS, such as the petitioner, who had been appointed in 1987, would be entitled for the NFFU from 18.02.2009, under the decision of the Union to grant this benefit from 01.04.2018, would be illegal.
13. As a consequence, Annexure 'G2', insofar as it relates to granting of the NFFU to the petitioner with effect from 01.04.2018, is quashed, and the respondents are directed to grant the petitioner NFFU with effect from 18.02.2009 insofar as it relates to the Senior Administrative Grade, and consider the grant of NFFU for -7- NC: 2023:KHC:34877 WP No. 19409 of 2022 the services rendered by the petitioner in the Higher Administrative Grade, from 17.09.2018, as a consequence.
14. The said direction, along with all the consequential benefits arising out of this order, shall be carried out and implemented, within a period of two months from the date of receipt of a copy of this order.
15. The writ petition is accordingly allowed.
Sd/-
JUDGE RK CT: SN List No.: 1 Sl No.: 47