Supreme Court: In a huge relief to Central Armed Police Forces (CAPF), the bench of RF Nariman and MR Shah, JJ has upheld the Delhi High Court verdict which had directed the Central Government to grant Non-Functional Financial Upgradation (NFFU) to CAPFs who are a part of Organized Group “A” Services.
On the object behind granting NFFU
In order to overcome the stagnation problems, the 6th Pay Commission recommended NFFU to all Group “A” Officers in various Organized Group “A” Services. The purpose of granting NFFU was to give relief to Group “A” Officers facing the problem of stagnation as fallback option when regular promotions do not come into various factors.
On non-compliance of two attributes out of six attributes listed in the Monograph of 1993
According to the Monograph itself, there may be certain “minor deviations” from the attributes listed therein and also to the extent wherein it states that even if the listed criteria are fulfilled, the same would not automatically confer the status of an Organized Group “A” Service. Thus, fulfilling/compliance of the attributes shall not be given too much weightage while deciding on the status of CAPFs.
On the Appropriate authority to define “Organised services”
The Central Pay Commission, as such, is not authorised to define “Organized Services” or to grant such status to any service but only relies on the information submitted to it by the various Departments. It appears from the material on record that right from 1986 onwards, in various Monographs CAPFs were included in the list of Group “A” Central Civil Services.”
The Court, however, noticed that the Government took ‘U’ turn and a stand was taken that CAPFs are not Organized Group “A” Central Services and, therefore, on the basis of such a stand, the 6th Pay Commission did not recommend NFFU to CAPFs. It was, hence, held tha:
“merely because the 6th Pay Commission did not recommend to grant NFFU to CAPFs – Group “A” Officers in PBIII and PBIV, the Group “A” Officers in PBIII and PBIV cannot be denied the NFFU, which otherwise is granted to all the Officers of Group “A” Central Civil Services.”
[Union of India v. Sri Harananda, 2019 SCC OnLine SC 126, decided on 05.02.2019]