Union Of India & Ors vs K.B. Rajoria on 28 March, 2000
9. Next is as to NFSG. The rules on the subject as pointed out by the
respondents in their counter is that as per DOP&T OM no 22/1/2000-CRD dt
6.6.2000 "Officer should first hold the post in the basic grade of Junior
Administrative Grade before he could be considered for appointment to NFSG".
According to the respondents earlier, the applicant was promoted as JAG w.e.f.
22-05-2013, which was advanced to 01-09-2012. Thus, the period from
01.09.2012 till 22.05.2013 was treated as notional promotion and from
23.05.2013, the promotion was taken as actual and the above provisions of
NFSG was applied and pay on actual basis in the NFSG was afforded by the
respondents. We differ. When the notional character in respect of promotion as
on 01-09-2012 had been changed to one of actual vide the preceding paragraph,
notwithstanding the fact that the applicant did not hold the post physically, she
shall have to be construed as having actually held the post. Thus, her entitlement
7 OA 990/2017 & 991/2017
to draw the NFSG scale crystallizes from 01-09-2012 itself. Support could be
drawn from the decision of the Apex Court in the case of Union of India vs K.B.
Rajoria (2000) 3 SCC 562. In that case, one Mr. Krishnamoorti was granted
notional promotion as Additional Director General on 10-06-1998 with
retrospective effect from 22-02-1995. For further promotion as Director
General, the requirement was 8 years regular service. Mr. Krishnamoorti could
fulfil this condition only if the notional promotion has been reckoned as regular
service. The Apex Court in this case has held as under:-