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HIGH COURT OF DELHI
Date of Decision: 18.11.2024
RAM BABU PATERIYA (2I/C ELECT) .....Petitioner
Through: Mr. Abhay Kumar Bhargava, Adv.
Through: Mr. Vijay Joshi, SPC
HON'BLE MS. JUSTICE SHALINDER KAUR NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. By way of the present petition, the petitioner prays for a direction to the respondents to grant the benefit of Non-Functional Financial Upgradation (in short, “NFFU”) to the petitioner.
2. The petitioner claims that he was promoted to the rank of Second-In-Command (Electrical) in April, 2020, however, the Internal Screening Committee made recommendations in its meeting held on 04.10.2024, which were duly accepted by the Ministry of Home Affairs vide its Order dated 22.10.2024 and approval by the Director General, BSF vide Order dated 06.11.2024, granting the benefit of NFFU to the officers junior to the petitioner but did not grant the same to the petitioner.
3. The learned counsel for the petitioner submits that the petitioner has submitted a representation dated 05.11.2024 to the respondent no.2/DG BSF for grant of NFFU, however, the same has not been responded to so far.
4. The learned counsel for the petitioner further places reliance on the Order dated 05.09.2024 passed by this Court in W.P.(C) 11418/2024 titled Chandra Sen Singh v. Union of India & Anr., and submits that the award of a displeasure cannot be a ground to hold the petitioner ineligible for grant of NFFU.
5. Issue notice.
6. Notice is accepted by Mr. Vijay Joshi, the learned counsel for the respondents. He prays for time to seek instructions.
7. We are of the view that taking into account the nature of the claim in the petition, the allegations made therein, and keeping in view the above referred Order of this Court, and also the fact that the petitioner has made a representation only on 05.11.2024 to the respondents for grant of NFFU, the present petition should be disposed of by directing the respondents to consider the said representation and also the present petition as a representation of the petitioner, and decide upon the same within a period of ten weeks from today.
8. In case the petitioner’s representation is accepted, the consequential relief shall be released to the petitioner without the petitioner having to approach this Court again. In case the representation is rejected, it shall be open to the petitioner to challenge the same in accordance with law.
9. With the above directions, the petition is disposed of.
NAVIN CHAWLA, J SHALINDER KAUR, J NOVEMBER 18, 2024/ab/sk/as Click here to check corrigendum, if any