ARUN CHHIBBER Vs. UNION OF INDIA

JUDGEMENT

(1.) The two petitioners, having retired from the rank of Inspector General in the respondents No. 2 and 3 Central Reserve Police Force (CRPF) on 30th June, 2007 and 30th August, 2008 respectively, have filed this petition, (i) impugning the order dated 1st November, 2019 of the respondents CRPF, to the extent excluding the names of the petitioners from the list of those granted the benefit of the Non-functional Financial Upgradation (NFFU) for the Higher Administrative Grade (HAG) level; (ii) impugning the order/Office Memorandum (OM) dated 30th September, 2019, to the extent it states that NFFU is to be allowed in HAG, provided it is a level in the promotional hierarchy of the Central Armed Police Force (CAPF) concerned; (iii) seeking mandamus, directing the respondents to amend the Recruitment Rules/Service Rules for Group 'A' officers of CRPF and to make it in line with the Department of Personnel and Training (DoPT) OMs dated 24th April, 2009, 15th December, 2009, 18th January, 2011 and 8th July, 2011; (iv) in the alternative, pending the amendment of the Recruitment Rules, consider the petitioners for grant of benefit of NFFU w.e.f. 31st March, 2006 in HAG, by following the eligibility criteria provided in OM dated 15th December, 2009 and as has been done with respect to personnel in the Ministry of Mines, vide letter dated 2nd December, 2010; and, (v) seeking mandamus, directing the respondents to grant the benefit of NFFU to the petitioners w.e.f. 31st March, 2006, along with arrears, interest and all consequential benefits.

(2.) The petition was entertained and notice thereof issued. Counter affidavits and rejoinders have been filed.

(3.) In view of the manner in which the counsels have argued, need is not felt, to detail herein the pleadings of the parties.