Wed. Sep 23rd, 2020

Paramilitary Forces declared as Organized Group “A” Service and benefits by way of NFFU ought to be granted

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Delhi High Court- In a
landmark verdict, the bench comprising of Kailash Gambhir and Najmi Wajiri JJ,
hearing a batch of writ petitions which challenged the decision of the
respondents to reject grant of Non-Functional Financial Upgradation (‘NFFU’),
as applicable to other Group “A” Officers of the Central Government to the
petitioners,   declared central paramilitary
forces like BSF, CRPF, ITBP, SSB and CISF as “organised services” and the
benefits contemplated by the 6th Central Pay Commission by way of NFFU to
remove disparity between All India Services and other Organised Central Group “A” services
ought to be granted to the petitioners.

In the instant
case the petitioners sought a writ of mandamus to grant them, i.e., Executive
Group-A officers of Central Armed Police Forces (CAPF), the benefit of NFFU
with effect from 01.06.2006, as given to other Officers of Group-A Service
under PB-3 & PB-4, as issued vide Office Memorandum (OM) dated 24.04.2009
and sought to be declared as an Organized Group “A” Service with effect from
01.01.2006 with all consequential benefits. Counsels for the petitioners were Jyoti
Singh and Rekha Palli while respondents were represented by Sanjay Jain.

The Court while deciding
on the status of the petitioners as belonging to Organised Group “A” Service
observed that “it is a settled canon of constitutional jurisprudence that the
doctrine of classification is a subsidiary rule evolved by courts to give
practical content to the doctrine of equality. Over-emphasis of the doctrine of
classification or anxious or sustained attempt to discover some basis for
classification may gradually and imperceptively erode the profound potency of
the glorious content of equality enshrined in Article 14 of the Constitution”. The
Court further noted that that the presence of reports and other documents
explicitly stating the CAPFs are an Organised Group “A” Service provide evidence
that they have been constituted consciously and through established procedures.
[G.J Singh v. Union of India, W.P(C) 153/2013, decided on 03.09.2015]

 
Source: Legal news India

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