petitioner's claim for grant of benefit of non-functioning upgradation (NFU)
to the members of the petitioner associations and has directed the
respondents ... clarifications issued sought to limit the scope
of entitlement to NFU in respect of officers/category of officers who were
otherwise entitled to pay upgradation
which applicant was promoted there by revising the date of
NFSG & NFU along with direct recruit batch 1997 w.e.f.
01.07.2014 and make ... year wise DPC for AE which resulted in non grant of NFU
in the PB-4 to the AEs whereas the direct recruit AEE were
rejecting the claim
for extension of Non-Functional Upgradation (For short “NFU”) to Level 9. The
excerpts of the above are noted hereunder:
Signature ... filed Writ
Petition No. 5518 of 2021 to enforce their claim for NFU pay at Level 9 (Grade
Pay of Rs. 5,400/-). The Writ
cannot include a "gift". He relied mainly on In re: NFU
Development Trust Ltd., (1972) 1 WLR 1548, and State of Punjab ... Ganpat Rai, (2006) 8 SCC 364 in support of this
proposition.
34. NFU Development Trust Ltd.'s case (supra) dealt with a
Scheme
extant guidelines and
decision of the Government of India, the NFU
is admissible only for the officers of
"Organised" Group ... proposal and declares the said service to be
"Organised", the NFU would be admissible to
the Mechanical Engineers of the GSI and that
Personnel and Training (DoPT) issued OMs dated 24.04.2009,
21.05.2009, and 25.09.2009, whereby NFU was granted to officers
belonging to Organized Group „A‟ Services which provided ... However, vide OM dated 02.04.2012, the DoPT clarified that
the benefit of NFU would not be applicable to officers serving in
Organized Services where Flexible
uniform.
"
5. The Government of India notified Non-Functional Upgradation
(NFU) for Group A Officers of timescale basis, and the non-functional
upgradation ... required to amend Service Rules to incorporate the provisions for grant of
NFU vide Office Memorandum dated 24.04.2009 providing for the
eligibility criteria for Senior
rejected the claim
of the petitioners for grant of Non Functional Upgradation (NFU)
payable to officers belonging to Organised Group 'A' services ... petitioners fulfil the criteria
prescribed in OM dated 24.04.2009 for grant of NFU, has without any
This is a digitally signed order.
The authenticity
were accorded the benefit of Non-Functional Upgradation
(NFU) in the grade pay of Rs. 5,400/- on completion of four years of service ... India's appeal by the Apex
Court, the benefit of the NFU in the grade pay of Rs. 5,400/- was accorded
Additional Secretary. The applicants are allowed the scale of
pay on NFU basis, and incidentally that is equivalent to that of
Additional Secretary ... substantially held by the applicant is for less.
10. The Scheme of NFU was introduced in the year 2009.
According to this
