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Showing contexts for: Non-Functional Upgradation in K Basavaraja vs Geological Survey Of India on 25 September, 2025Matching Fragments
6. Learned counsel for the respondents highlighted that as per O.M. dated 16.04.2021, 16.04.2021 the batch party qua the applicant in O.A. 2153/2022 was never ignored, which is reproduced herein below:--
""Reference "Reference is invited to para 1(iv) of this Department OM No.AB.14017/64/2008 No.AB.14017/64/2008-Estt. (RR) dated 24.04.09 regarding Non Non-Functional Upgradation for officers ficers of Organised Group 'A' Services. The details of batch of the officers belonging to the Indian Administrative Service who have been posted at the Centre in various grades were issued from time to time.
the order/judgment of the Hon'ble Supreme Court in UOI & Ors. vs Shri C.R. Madhava Murthy and Anr.
Anr., (2022) 3 SCR 22.
8. The gist of the written submissions filed by Mr. Yogesh Sharma, learned counsel on behalf of the applicant in O.A. No. Item No. 1/C-V V O.A. Nos. 2153/2022, 2154/2022, 500/2023 2153/2022 is that the applicant, an officer of the 1992 batch in the Geology Stream of the Geological Survey of India (GSI), seeks grant of Non-Functional Non Functional Upgradation (NFU) to the Higherr Administrative Grade (HAG) pay scale (Rs. 67,000 67,000- 79,000 / Level-15 Level 15 of the Pay Matrix) with effect from 01.04.2018. The claim is based on the fact that several junior officers, including Mr. Nirdosh Nirdosh Kumar Punj and Dr. Shabbir Hussain, were granted the said said NFU from the same date, despite the applicant being senior to them in both grade and service. It is submitted that the Geology Stream of GSI was accorded the status of an Organized Group 'A' Service only from 29.09.2010 vide Recruitment Rules (RRs) notif notified on the same date (G.S.R. 787(E)). Prior to this, the service was governed under General Central Service (GCS) R Rules, wherein batch parity and the original UPSC batch concept were inapplicable due to vacancy-based vacancy and non-selection selection mode of promotions, often ften resulting in distortion of batch batch-wise seniority. The applicant was promoted to the post of Senior Geologist (STS) on 15.09.1999 15.09.199 and subsequently to Deputy Director General (Geology) on 03.11.2016 ahead of his juniors juniors, who were later promoted in 2017. His seniority over the said officers was settled, undisputed, and consistently reflected in the department's own records, including gradation lists and earlier NFU orders issued by the Respondent. Hence, the denial of Item No. 1/C-V V O.A. Nos. 2153/2022, 2154/2022, 500/2023 NFU to the applicant w.e.f. 01.04.2018 while granting the same benefit to his juniors is, is therefore therefore, arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution of India. It is further submitted that the respondent's respondent's reliance on the DoPT's "original batch concept" to eexclude the applicant is factually and legally untenable, as the said concept was not applicable to the Geology Stream prior to 29.09.2010. The eligibility for NFU under the RRs notified in 2010 is to be determined based on settled seniority as on the date of notification, not on batch parity from pre pre-organized service days. The Respondent has previously submitted before various judicial forums that batch concept could not be strictly applied under the pre-2010 pre 2010 GCS framework due to inter inter-se seniority changes and the absence of unified cadre structure. Accordingly, it is submitted that the applicant, having completed the required qualifying service of 25 years in Group 'A' and one year of regular service in the SAG grade as of 01.04.2018, is fully eligible for NFU to the HAG scale from the said date. The refusal to extend this benefit to him, despite extending the same to his juniors with inferior seniority, is unjust and deserves to be set aside aside. Therefore, the applicant prayed for grant of NFU in the HAG scal scale with effect from 01.04.2018, along with interest and all consequential benefits. Item No. 1/C-V V O.A. Nos. 2153/2022, 2154/2022, 500/2023
9. In the written submission filed on behalf of the applicant in O.A. No. 2476/2022 by Mr. Hitendra Nath Rath, learned counsel it is submitted that the applicant joined the Geological counsel, Survey of India on 13.11.1972 as Assistant Geologist (Class (Class-II) through the Geologists Examination, 1971 conducted by UPSC. Thereafter, on 13.08.1974, he was selected as Geologist (Jr.) (Class-I) I) through the Geologists Examination, 1973. He continued tinued to serve with distinction and was promoted to the post of Director on 21.06.2002, and further promoted to Director (Selection Grade) with effect from 03.02.2005 on the basis of merit and performance. After rendering 35 years of unblemished service, the applicant superannuated on 31.10.2008. Meanwhile, the 6th Central Pay Commission came into effect on 01.01.2006, and subsequently, the Department of Personnel and Training issued an Office Memorandum dated 24.04.2009, introducing the scheme of Non Non-Functional Upgradation (NFU) for for officers of organized Group 'A' services in PB-3 3 and PB-4.
10. In the written submission filed on behalf of the respondents by Mr. Subhash Gosai, learned counsel counsel, it is submitted that the applicants in these matters seek grant of Item No. 1/C-V V O.A. Nos. 2153/2022, 2154/2022, 500/2023 Non-Functional Functional Upgradation (NFU) in the HAG scale (Level (Level-