SANJAY YADAV vs UNION OF INDIA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 11.03.2025 Pronounced on: 21.04.2025 + W.P.(C) 4553/2021 SANJAY YADAV .....Petitioner Through: Dr.S.S. Hooda and Mr.Aayushman Aeron, Advs. versus UNION OF INDIA & ANR. .....Respondents Through: Mr.Raj Kumar Yadav, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT NAVIN CHAWLA, J. 1. This petition has been filed by the petitioner, challenging the Order dated 01.11.2019 passed by the respondent no.2 to the extent that it did not grant the benefit of Non-Functional Financial Upgradation (NFFU) to the petitioner. The petitioner further challenges the Order dated 19.02.2021 by which his representation against the refusal to grant NFFU was rejected. The petitioner prays that he be granted NFFU with effect from 01.01.2019. Case of the Petitioner: 2. To put it briefly, it is the case of the petitioner that the petitioner joined the Border Security Force (in short, ‘BSF’) in the rank of Assistant Commandant (DE) on 01.10.1987, and was promoted to the rank of Deputy Inspector General (DIG) with effect from 26.06.2012. Signature Not Verified Digitally Signed W.P.(C) 4553/2021 Page 1 of 10 By:RENUKA NEGI Signing Date:22.04.2025 10:54:54 3. The respondent no.1 notified the Non-Functional Financial Upgradation Scheme vide DoPT O.M. No. AB.14017/64/2008- Estt.(RR) dated 24.04.2009. The Paragraph 5 of the Annexure I to the said O.M. states that all instructions concerning grant of Non- Functional Upgradation presently applicable in the case of grant of Non-Functional Selection Grade (NFSG) to officers of Group ‘A’ Services would apply in the event of penalty, disciplinary proceedings, suspension, etc. The petitioner claims that with respect to grant of NFSG benefits, the conditions with respect t