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Showing contexts for: NFFU in Union Of India vs Shri Harananda on 5 February, 2019Matching Fragments
(iv) is concerned, a deputationist can only come against excadre posts, by virtue of their own Cadre Rules, therefore, all the vacancies from JTS to SAG levels are only filled by promotion from the cadre officers. It was further the case on behalf of the original Writ Petitioners that, as such, in order to overcome the stagnation problems, the 6th Pay Commission recommended NFFU to all Group “A” Officers in various Organized Group “A” Services. It was submitted that the purpose of granting NFFU was to give relief to Group “A” Officers facing the problem of stagnation as a fallback option when regular promotions do not come due to various factors. It was submitted that, therefore, the benefit of NFFU is required to be given to organization/cadres facing the problem of acute stagnation. It was submitted that CPMFs are facing had huge problem of stagnation and thus non grant of NFFU is most arbitrary.
22. Making the above submissions, it is prayed to dismiss the present Appeals.
23. Heard learned counsel appearing on behalf of the respective parties at length.
23.1 At the outset, it is required to be noted that the issue in the present Appeals is nongrant of NFFU to the Officers/employees like the original Writ Petitioners serving in the CRPF. CRPF in the present case is denied the NFFU solely on the ground that the CRPF is not an Organized Group “A” Service and, therefore, they are denied the benefits of NFFU as recommended by the 6 th Pay Commission as granted to other services.
23.2 That, while considering the aforesaid issue, the object of grant of NFFU is required to be considered. In order to overcome the stagnation problems, the 6th Pay Commission recommended NFFU to all Group “A” Officers in various Organized Group “A” Services. The purpose of granting NFFU was to give relief to Group “A” Officers facing the problem of stagnation as fallback option when regular promotions do not come into various factors. It has come on record that CPMFs are facing huge problem of stagnation, more particularly, on one hand, they are not being granted the promotion as most of the promotional posts are filled in by deputation and, on the other hand, they are denied NFFU. 23.3 As observed hereinabove, CMPFs are not granted the benefit of NFFU on the ground that they are not categorized as Organized Group “A” Services. As noted hereinabove, it is the case on behalf of the Appellants that, out of six attributes which are required to be considered for treating and/or considering an organization as an Organized Group “A” Services, the CRPF do not satisfy Attribute nos. (iv) and (vi) and also on the ground that the 6th Pay Commission did not recommend grant of NFFU to CAPFs.
23.8 Considering the aforesaid facts and circumstances and the material on record, which came to be considered by the High Court in detail, it cannot be said that CIPFs do not constitute Organized Group “A” Central Civil Services/Group “A” Central Civil Services.
24. Now, so far as another ground on which the CRPF are denied the NFFU that the 6th Central Pay Commission did not grant NFFU to CAPFs is concerned, it is required to be borne in mind that the Central Pay Commission, as such, is not authorised to define “Organized Services” or to grant such status to any service. The recommendations would be made by the Central Pay Commission on the basis of the information submitted to it by the various Departments. It appears from the material on record that right from 1986 onwards, in various Monographs CAPFs were included in the list of Group “A” Central Civil Services. The Government took ‘U’ turn and a stand was taken that CAPFs are not Organized Group “A” Central Services and, therefore, on the basis of such a stand, the Department must have given the information to the Central Pay Commission and, therefore, the 6th Pay Commission did not recommend NFFU to CAPFs. Therefore, merely because the 6 th Pay Commission did not recommend to grant NFFU to CAPFs – Group “A” Officers in PBIII and PBIV, the Group “A” Officers in PBIII and PBIV cannot be denied the NFFU, which otherwise is granted to all the Officers of Group “A” Central Civil Services.