High CourtsDivision Bench(2021) 02 DEL CK 0140

CMDT Lal Singh Yadav & Anr vs Union Of India & Ors

Delhi High Court · Decided on 15 February 2021

HON’BLE JUDGES
Manmohan, J · Asha Menon, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 1979 Of 2021, Civil Miscellaneous Application No. 5780-5781 Of 2021

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Judgment

16 paragraphs · 312 words

Manmohan, J

1.

Present writ petition has been filed seeking a direction to the respondents to grant the benefits of Non-Functional Financial Upgradation (NFFU) to

the personnel of the Assam Rifles Force in accordance with the judgment and order dated 05th February, 2019 passed by the Supreme Court in Union

of India v. G.J. Singh and Union of India v. Karuna Nidhan, reported in Union of India and others v. Harananda and others, (2019) 14 SCC 126.

2.

Learned counsel for the petitioners states that the 6th Central Pay Commission recommended NFFU to all Group ‘A’ officers in various

organized Group ‘A’ Services w.e.f. 01st January, 2006.

3.

She submits that this Court in G.J. Singh (supra) and Karuna Nidhan (supra) has held that merely because the 6th CPC has not recommended grant

of NFFU to a particular service, the Group ‘A’ officers cannot be denied the NFFU, which is otherwise granted to all other officers of Group

‘A’ Central Civil Services. He points out that the Supreme Court upheld the said judgments vide judgment dated 5th February, 2019 in G.J.

Singh (supra) and Karuna Nidhan (supra).

4.

A perusal of the paper book reveals that the petitioners' representation dated 19th April, 2019 has not been decided till date.

5.

Keeping in view the aforesaid, this Court directs that the present writ petition shall be treated as a representation to respondent No.1 which shall be

decided by him by way of a reasoned order within twelve weeks. This Court clarifies that it has not expressed any opinion on merits of the matter. All

rights and contentions of parties are left open.

6.

With the aforesaid direction, the present writ petition and applications stand disposed of. In the event the petitioners are aggrieved by the decision of

respondent no. 1, they shall be at liberty to file appropriate proceedings in accordance with law.