NON-FUNCTIONAL UPGRADATION CAT Chandigarh Case

NON-FUNCTIONAL UPGRADATION CAT Chandigarh Case while relying upon the judgment of Hon’ble Madras High Court in the case of M. Subramaniam (supra).

Judgement Digest: Virender Singh Versus Union of India & Ors.

Case Briefing:

The present O.A. has been filed by the applicant for grant of Non-Functional Upgradation in the Grade Pay of Rs.5400/- w.e.f. 01.09.2012 in place of 30.09.2018, when he completed four years of service in the grade of Rs.4800/-.

Ld. Counsel submitted that the claim of the applicant is covered by a judgment of the Hon’ble High Court in the case of M. Subramaniam Vs. Union of India and Others, W.P. No. 132225 of 2010, Supreme Court by dismissing the SLP No. 23513 of 2015 on 10.10.2017. He further submitted that this Court also, vide a common order dated 04.11.2015 in identical cases of Munish Kumar and Others Vs. Union of India and Others (O.A. No. 060/01044/2014) and Sanjeev Dhar and Others Vs. Union of India & Others (O.A. No. 060/00018/2015), allowed the benefit of NFG in the grade pay of Rs.5400/- in favour of the applicants therein, on completion of four years of their service in the Grade Pay of Rs.4800/-, while relying upon the judgment of Hon’ble Madras High Court in the case of M. Subramaniam (supra).

Also Read- Non-Functional Financial Upgradation and today’s decision of the Supreme Court on it: An explainer in layperson terms

The aforementioned decision of this Court has been affirmed by the Hon’ble High Court of Punjab and Haryana vide order dated 11.12.2017 by dismissing the CWPs No. 3430/2017 (O&M) and 3923 of 2017 (O&M) filed by the department.

Also Read- Non functional upgradation – Indian Kanoon

Judgement of the case:

Ld. Judge deem it appropriate to direct the respondents to consider and decide his representation dated 13.10.2017 for grant of NFG in the Grade Pay of

Rs.5400/- on completion of four years of his service in the grade pay of Rs.4800/-, in view of ratio laid down in the judicial pronouncements relied upon by him, as noticed herein above, by passing a reasoned and speaking order within a period of three months from the date of receipt of a copy of this order and a copy thereof be duly communicated to the applicant.

Also Read- Dharam Pal vs Central Goods And Services Tax

This post is written by Sonica Dhankhar.

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