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HIGH COURT OF DELHI
JUDGMENT
SAJJAD KHAN & ORS ..... Petitioners
Through Ms. Jyoti Singh, Senior Advocate with
Mr. Amandeep Joshi, Advocate
Through Mr. Arun Bhardwaj, CGSC with Mr. Mimansak Bhardwaj, Advocate for
UOI along with Mr. K. Ganesh, DO, cao/cp Cell and Mr. S.K. Karn, DD
Legal, CAO.
HON'BLE MR. JUSTICE I.S. MEHTA G.S.SISTANI, J (ORAL)
1. The matter is taken up today as the 7th July, 2016 was declared holiday on account of Id-ul-Fitr.
2. Notice to show cause as to why the petition be not admitted. Mr. Bhardwaj, learned counsel for the respondents accepts notice.
3. At the outset, learned Senior Counsel for the petitioners submits that although the Central Administrative Tribunal by an order dated 04.12.2015 has allowed the OA and quashed the impugned order dated 07.01.2013, however, the petitioners are aggrieved by the observations made by the Tribunal in paras 23 and 24 of the judgment. 2016:DHC:4796-DB
4. The facts which led to the filing of the OA as noticed by the Tribunal are as under: “The applicants in this case are members of the Armed Forces Headquarters Civil Service (AFHQCS). The Armed Forces Civil Service Members are initially recruited as Assistant Group „B‟ in PB-2. Thereafter, the next level is Section Officer (SO) Group „B‟ in PB-2 with Grade Pay Rs.4800/-. The induction as SO is 50% by direct recruitment and 50% by promotion.
2. The Department of Personnel and Training (DoP&T) vide OM dated 24.04.2009, consequent upon acceptance of recommendations of 6th Pay Commission, provided for nonfunctional upgradation(NFU) for officers of Organized Group „A‟ services in PB-3 and PB-4. The basic provision is quoted below: “(i) Whenever an Indian Administrative Services Officer of the State of Joint Cadre is posted at the Centre to a particular grade carrying a specific grade pay in Pay Band 3 of Pay Band 4, the officers belonging to batches of Organized Group A Services that are senior by two years or more and have not so far been promoted to that particular grade would be granted the same grade on non-functinal basis from the date of posting of the Indian Administrative Service Officers in that particular grade at the Centre.”
3. From a close reading of the aforesaid provision, it would appear that the benefit of NFU could be extended only to the Members of organized Group „A‟ service when a Member of Indian Administrative Service of the State or Joint Cadre is posted to the Centre in the Grade Pay in Pay Band 3 or Pay Band 4, if the officer belonging to Organized Group „A‟ service is senior to him by two years, with effect from the date when such Indian Administrative Service Officer is posted in the particular grade at the Centre. Thus, to invoke the aforesaid provisions or, in other words, to get the aforesaid benefit, two conditions are to be satisfied, viz., (i) the officer claiming benefit of NFU is member of organized Group „A‟ service, and
(ii) if an officer belonging to Indian Administratrive Service junior to him by two years, is posted in that particular grade at the Centre, on which such member of organized Group „A‟ service is working.
4. The grievance of the applicants is that the benefit of this OM is not being granted to the members of the Service. This matter had been examined by the government and Ministry of Defence in their reply dated 7.01.2013 to the AFHQCS Officers Association rejecting their plea as follows: