Tribunals and CommissionsDivision Bench(2019) 01 CAT CK 0124

Shashi Bhushan And Ors vs Ministry Of Personnel, Public Grievances And Pensions

Central Administrative Tribunal · Decided on 7 January 2019

HON’BLE JUDGES
L. Narasimha Reddy, J · Pradeep Kumar, Member (A)
RESULT
Disposed Off
CASE NUMBER
Original Application No. 4315 Of 2017

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Judgment

7 paragraphs · 275 words

L. Narasimha Reddy, J

1.

The applicants are members of Indian Railway Medical Service. This OA is filed by them, with a prayer to direct the respondents to grant Non Functional Upgradation (NFU) to them in terms of the recommendations of 6th Pay Commission. Several grounds are urged in support of the claim.

2.

The applicants have also filed MA No.1522/2018 with a prayer to allow this OA in terms of the order dated 28.09.2017 passed in OA No.3290/2017.

3.

We heard Shri Sagar Saxena, learned counsel for the applicant and Shri Krishna Kant Sharma, learned counsel for the respondents.

4.

The issue is about the entitlement of the applicants to get the benefit of NFU. This very issue was dealt with by Hon'ble Delhi High Court in W.P. (C) No.4061/2014. Through judgment dated 13.10.2014, it was held that the members of the Indian Railway Medical Service are entitled for NFU, in addition to the benefit under DACP Scheme. The same was followed by this Tribunal in OA No.3290/2017. It is brought to our notice that in view of these developments, not only the DoP&T issued directions for extension of the benefit of NFU to the members of Indian Railway Medical Service but also the Railway Board issued a Circular dated 08.06.2018.

5.

In that view of the matter, the OA is allowed and the respondents are directed to extend the benefit as provided for in the Circular dated 08.06.2018 issued by the Railway Board to the applicants duly verifying their service particulars, within a period of four months from the date of receipt of copy of this order.

MA No.1522/2018 also stands disposed of.