Rajesh Kumar & Others vs Department of Defence Production & Others

L. Narasimha Reddy, J

The applicants are working in the establishment of Indian Ordinance Factory in various posts and they hold Group-A posts. The Government of

India framed the Scheme of Non Functional Upgradation (NFU), for Officers of organized Group-A Services, through OM dated 24.04.2009. It is to

the effect that whenever an IAS officer of the State or Joint Cadre is posted to the Centre in a particular grade, carrying a specific Grade Pay in the

Pay Band-3 and Pay Band-4, the officers in the organized Group ‘A’ services, who are senior by two years to such IAS officer, shall be

extended the same benefit. The applicants claim similar benefit to them.

It is stated that the DoP&T has already notified the relevant dates for the year 2019 and though the benefit was extended to Group ‘A’

officers in other services and organizations, it was not extended to them.

We heard Shri Sanjoy Ghose, learned counsel for the applicant and Shri N. D. Kaushik, learned counsel for the respondents.

There is no denial of the fact that the Government evolved the NFU Scheme for the officers of Group-A organized services. However, the benefit

thereunder can accrue if only it was adopted by a particular organization. When a specific question was put as to whether the Scheme was adopted

by the Ordinance Factory, learned counsel for the applicant answered in the negative. At the most proposals are pending in this behalf. In other words,

not a single Group-A officer in Ordinance Factory was extended the benefit of NFU for the past 12 years.

The effort of the applicant is to ensure that the Scheme is adopted in the Ordnance Factory. They have to make a representation, in which case a

policy decision is to be taken by the concerned authority. Once the Scheme is not in force as of now, in the ordinance factory, the respondents cannot

be required to extend the benefit of NFU to the applicants. It is stated that the applicants have made several representations in this regard.

We, therefore, dispose of the OA directing the respondents to pass an order on the representation of the applicants regarding extension of the

benefit of NFU to the employees of the organized posts of the Ordinance Factory within a period of three months from the date of receipt of a copy

of this order. It is made clear that we did not express our view on the merits.

MA No.274/2021 shall stand disposed of.

There shall be no order as to costs.