Supreme Court - Daily Orders
Austine Eapen Ancheril vs Union Of India on 18 November, 2024
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
1
ITEM NO.16 COURT NO.4 SECTION IV-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s).24763/2024
[Arising out of impugned final judgment and order dated 22-06-2024
in WA No.59/2024 passed by the High Court of Karnataka at
Bengaluru]
AUSTINE EAPEN ANCHERIL Petitioner(s)
VERSUS
UNION OF INDIA & ORS. Respondent(s)
(FOR ADMISSION and IA No.239171/2024-EXEMPTION FROM FILING O.T. and
IA No.239172/2024-PERMISSION TO APPEAR AND ARGUE IN PERSON)
Date : 18-11-2024 This matter were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE S.V.N. BHATTI
For Petitioner(s) Petitioner-in-person
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
IA No.239172/2024 for permission to appear an argue in person is allowed.
2. Heard the petitioner-in-person, who has superannuated on 28.02.2019 as the Inspector General of the Indo-Tibetan Border Police (ITBP).
3. The matter pertains to implementation of the Non-Functional Financial Upgradation (NFFU), which was introduced to remove the disparity in pay scale of the Central Civil Service Officers and to Signature Not Verified Digitally signed by Deepak Joshi Date: 2024.11.20 provide for uniformity in service conditions.
17:10:21 IST
Reason: The learned Single
Judge while allowing the writ appeal filed by the petitioner
concluded that the petitioner is entitled to the NFFU benefits with 2 effect from 18.02.2009 in the rank of Senior Administrative Grade, and for the Higher Administrative Grade he is entitled to the benefits with effect from 17.09.2018.
4. However, the said decision of the learned Single Judge was interfered by the Division Bench by entertaining the writ appeal (Writ Appeal No.59/2024) preferred by the Union of India. The Division Bench in the impugned order dated 22.06.2024 has modified the learned Single Judge’s order dated 25.09.2023, by declaring that the petitioner is eligible for NFFU upgradation from the date when he became eligible for promotion in terms of the Rule 2010 i.e., 12.12.2011
5. The argument of the petitioner is structured on the OM dated 15.12.2009 (Annexure P-6), where the benefits of 6 th Pay Commission recommendations are indicated by prescribing the eligibility requirement, where the following was incorporated:-
(i) For promotion to SAG level, the eligibility requirement shall be “Officers in the JAG with 8 years’ regular service in the grade including NFSGG OR Officers with 17 years’ regular service in Group ‘A’ posts in the service out of which at least 4 years’ regular service should be in the JAG (including service rendered in the NFSG of the JAG.”
(ii) For promotion to HAG level, the eligibility requirement shall be “Officers in the SAG with 3 years’ regular service in the grade OR Officers with 25 years’ regular service in Group ‘A’ posts in the service out of which at least 1 year’ regular service should be in the SAG.”
6. Issue notice, returnable in four weeks.
(DEEPAK JOSHI) (KAMLESH RAWAT)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR