R.P. SAXENA vs UNION OF INDIA AND ORS

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 4142/2017 R.P. SAXENA .....Petitioner Through: Mr. Shanker Raju and Mr Nilansh Gaur, Advs. versus UNION OF INDIA AND ORS .....Respondents Through: Ms. Sangita Rai, Adv. CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE OM PRAKASH SHUKLA JUDGMENT (ORAL) % 15.05.2026 C. HARI SHANKAR, J. 1. The issue before us is the entitlement, or otherwise, of the petitioner to non-functional upgradation1 in terms of Office Memorandum dated 24 April 2009 issued by the Department of Personnel and Training2. The claim of the petitioner to NFU stands rejected by the Central Administrative Tribunal3 vide judgment dated 29 November 2016 rendered in OA 371/20164. The petitioner has challenged the said decision before us in the present proceedings. 1 “NFU”, hereinafter 2 “DOPT”, hereinafter 3 “the Tribunal”, hereinafter 4 R P Saxena v. UOI & Ors. W.P.(C) 4142/2017 2. We have heard Mr. Shanker Raju, learned counsel for the petitioner and Ms. Sangita Rai, learned counsel for the respondents, at length. 3. The issue is short and purely legal. 4. The relevant Clauses of DOPT OM dated 24 April 2009 read as under: “No. AB.14017/64/2008-Estt.(RR) Gover