officer junior to the petitioner was extended
the benefit of non-functional upgradation w.e.f 1.4.2011 vide communication
dated 2.2.2012. However, the petitioner ... representation and which
otherwise was necessary to be eligible for non-functional upgradation of pay.
7. Appearing for the petitioner, Mr. D Borah, the learned
strong case in so far as his prayer for Non-Functional Upgradation is concerned. It had also referred to another judgment of this Tribunal ... dated 13.9.2011 and 21.6.2013 has submitted his representation for grant of Non-Functional Upgradation (NFU) in Senior Administrative Grade(SAG) with Grade Pay Rs.10000
vide their letter dated 26.7.2010
reiterated that the benefit of non-functional upgradation granted to the
Superintendent (Group-B) officers on completion of 4 years ... service as on 1.1.2006, would be entitled to clause X(e) non-functional
upgradation to Grade Pay Rs. 5,400/-. While so, if prior
official car. Therefore, the officers,
who have been granted non-functional upgradation to the Grade Pay of
`10000/- in Pay Band ... official car. In the present case, the applicant has been
granted non-functional upgradation to the Grade Pay of `10000/- in Pay
Band
dated 24.04.2009 (Annexure A-5), which provides for grant of
non-functional upgradation for officers of Organized Group 'A' Services in
Pay Band ... order reads as under:-
"Subject: Non-Functional upgradation for Officers of Organised
Group 'A' Services in PB-3 and PB-4
Consequent
recommendations of 6th Central Pay Commission
( CPC ), the Central Government introduced non-functional upgradation
(NFU) Scheme vide Department of Personnel & Training (DoPT) Annexure ... Centre, notwithstanding the fact
that they may have been granted non-functional upgradation to the next
higher grade pay of `10000/- would be entitled
implement the recommendations of
Sixth Pay Commission with respect to Non-Functional Upgradation
in letter and spirit qua the Applicants, i.e. the officers ... vide O.M. dated
15.06.2011, accorded the benefits of Non-Functional Upgradation (NFU) to
IRMS officers up to HAG level. This action of respondent
Organized service will also be eligible
for the benefit of non-functional upgradation. They shall be
assigned the benefit of 'Batch' corresponding ... years.
Due to non-fixation of inter-se-seniority, the applicant had been
denied the benefits of Non-Functional upgradation.
6.7 The respondents have made
also produced Office Orders issued by
Ministry of Railways granting non-functional upgradation to various
officers in the Railways which include officers serving in RVNL
functional considerations like consistent
increase in workload, horizontal expansion in
activities etc.
(ii) While calculating the additional
expenditure, the impact of Non-functional
Upgradation ... issuing a writ of mandamus that the benefit of non-functional
financial upgradation granted to the Organized Group ‘A’
Services should be granted
