JOINT ACTION COUNCIL OF SERVICE DOCTORS ORGANISATIONAL AND ORS. Vs. MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, DEPTT. OF PERSONNEL AND TRAINING AND ORS.

JUDGEMENT

(1.) THESE two petitions have been preferred by two associations, namely, Joint Action Council of Service Doctor's Organization and Delhi Administration Doctors Welfare Association, and others, to assail the common order dated 04.10.2013, passed by the Central Administrative Tribunal, Principal Bench, New Delhi (for short, 'the Tribunal') in O.A. Nos. 2727/2012 and 2726/2012 respectively preferred by these petitioner associations. The Tribunal by the impugned order has declined the petitioner's claim for grant of benefit of non -functioning upgradation (NFU) to the members of the petitioner associations and has directed the respondents to deliberate upon the issue through an officer of the level of Joint Secretary, in the light of the observations made in para 6 of the order passed by the Tribunal in O.A. No. 1169/2010.

(2.) THE members of the two petitioners' association are members of the Central Health Scheme which is an organized Group 'A' service. The Sixth Central Pay Commission recommended higher pay scale on non -functional basis to members of organized Group 'A' services in the Pay Band -3 and Pay Band -4. This proposal was accepted by the government. Consequently, the Department of Personnel & Training (DoPT) issued O.M. dated 24.04.2009, which, inter alia, stated:

(3.) THE same decision was reiterated vide office memorandum dated 21.05.2009 which reads as follows: