Subject: Implementation of Orders dated 02-12-2021 in OA No.506/2021 Regarding Grant of NFU in the Spirit of Order
To: Ms. Vandita Kaul Jee, Secretary, Department of Posts, Dak Bhawan, New Delhi-110001
Reference:
Department of Posts No.2-25/2019-PCC dated 19-06-2023
Clarifications dated 27-03-2024 and 27-05-2024
Letter No.CHQ/AIAIPASP/Corr-01-22/2023 dated 18.10.2023
Respected Ma'am,
This communication addresses the issue of the removal of the date clause of 22.07.2021 and the condition of completion of 4 years eligibility as on that date for granting Non-Functional Upgradation (NFU) as per the orders of the Hon'ble CAT/High Court of Hyderabad.
The All India Association of Inspectors and Assistant Superintendents of Posts (AIAIASP) filed OA No.506/2021 before the Hon'ble Central Administrative Tribunal (CAT), Hyderabad Bench, challenging the denial of Level-9 (Grade Pay Rs.5,400) to IP and ASP cadre Group 'B' officers. The Hon'ble Tribunal directed the respondents to grant the benefit to the applicants from the date they became eligible, with consequential benefits. The judgment was issued in rem, ensuring similarly placed employees would also benefit without separate litigation.
The Hon'ble Telangana High Court, in Writ Petition No.43155/2022 filed by the Department, confined the relief granted by the Tribunal only to the respondents. However, the Department of Expenditure (DoE) later approved extending the benefit to applicants in OA No.506/2021 if they met the eligibility criteria.
The Department of Posts issued OM No.2-25/2019-PCC dated 19-06-2023 for implementing the CAT orders, conferring benefits to eligible members of AIAIASP as on 22-07-2021.
Clarifications issued on 27-03-2024 and 27-05-2024 further specified that only members of AIAIASP as of 22-07-2021, with 4 years of regular service in GP Rs.4,800/- (Level-8), either substantively or under MACP, would qualify.
Notably, neither the Hon'ble High Court, Department of Legal Affairs (DoLA), nor DSGI Hyderabad imposed a date clause. This restriction was introduced post-closure of Contempt Petition (CP) No.46/2022, where the Department had already submitted compliance with the Tribunal's orders.
The Association has been advocating for NFU benefits since 2013. Despite the Department's proposal in 2019 for blanket approval, the DoE rejected it, leading to the filing of OA No.506/2021. The DoE's approval carried no date restriction, yet the Department of Posts imposed one retroactively.
In light of the above, the Association urges the removal of the date restriction (22-07-2021) and requests that NFU benefits (Level-9, GP Rs.5,400) be extended to IP and ASP Cadre Group 'B' officers upon completion of 4 years of service in GP Rs.4,800/- (Level-8).
We trust this matter will receive your kind attention and favorable consideration.
Contact Details:
President: Shri Vikas Sharma | Contact: 9417226661
General Secretary: Shri P.Vara Prasad | Contact: 9177434534 | Email: pvarem71@gmail.com
Financial Secretary: Shri Sharad Wangkar | Contact: 9880054638
