J.P. Singh vs Union Of India And Ors

L. Narasimha Reddy

The applicant challenges an order dated 16.05.2013 through which he was granted Non Functional Upgradation (NFU) in HAG level w.e.f. 01.04.2009. The applicant contends that he became eligible to be extended that benefit much earlier, and even his juniors were extended the same, from earlier dates. Reference is made to the litigation that ensued earlier.

Respondents filed counter affidavit opposing the OA. It is stated that NFU was extended to the applicant, in accordance with the relevant rules. It is also stated that one of the conditions for extending the benefit of NFU to an officer in HAG is that he should complete at least one year of service in SAG, and in case that one year occurs in the same calendar year, the upgradation, i.e., NFU would be with effect from 01st April of the subsequent year. Reference is made to certain clarifications issued by the DOP&T, in this behalf.

We heard Shri O. P. Kalshian, learned counsel for the applicant and Shri N. D. Kaushik, learned counsel for the respondents.

Though the applicant has made reference to several events in his service, we are concerned only with the one, pertaining to the grant of NFU in HAG in IDES to him. The relevant rule is to the effect that the NFU in that category can be extended only to such of the officers who have completed 25 years of service in Group-A, and completed one year of service in SAG. The OM dated 18.01.2011, which deals with the issue, reads as under:-

"Officers in the SAG (PB-4 Grade pay Rs. 10000/-) with 3 years regular service in the grade OR Officers with 25 years regular service in Group 'A' posts in the service out of which atleast 1 year regular service should be in the SAG."

The applicant does not fall in the first category. There is no dispute that he completed 25 years of service in Group - 'A'. The issue is about the completion of one year regular service, in SAG.

It is not in dispute that the applicant was put in SAG w.e.f. 1. 01.2008. One year regular service in that grade was completed on 31.12.2008. Clarification in this behalf was issued by DOP&T through O.M. dated 01.08.2012. It reads as under:-

"If an officer is found eligible during a vacancy year and is found fit in the next vacancy year, NFU may be granted from the 1st April i.e. that 1st day of the next vacancy year."

From this it becomes clear that if the officer becomes eligible during a vacancy year and is found fit in the next vacancy year, NFU is to be granted w.e.f. 01st April. It is by applying this clarification, that the respondents extended the benefit of NFU in HAG to the applicant w.e.f. 01.04.2009. Therefore, it cannot be said that any illegality has been committed, while issuing the impugned order.

We do not find any merit in the OA. The OA is accordingly dismissed. There shall be no order as to costs.