SUBODH JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petitions have been filed under Article 226 of the Constitution of India seeking an issuance of writ of mandamus directing the Respondents to forthwith grant all the benefits of Non-Functional Financial Up-gradation (NFFU) and other entitlements as per the recommendations of Sixth Pay Commission to SAG (PB-4, Level 14; with GP 10,000) and to HAG (Level 15) accrued to the petitioners with effect from 1/1/2006, as per their eligibility vis-a-vis Medical Officers of Central Health Services (CHS). Additionally, the petitioners are seeking release of arrears thereof in view of the said directions. BRIEF FACTS

(2.) For the sake of brevity, the petitioners in Writ Petition (Civil) No. 807 of 2021 (hereinafter referred to as 'Petition No. 1') are currently serving Medical Officers of General Duty Medical Officer Cadre of the Central Armed Police Forces (CAPF) and shall hereinafter be referred to as 'Serving Officers'. The petitioners in Writ Petition (Civil) No. 827 of 2021 (hereinafter referred to as 'Petition No. 2'), are the retired Officers of General Duty Medical Officer Cadre of the CAPF and shall be hereinafter referred to as 'Retired Officers'. As the facts of both the petitions are similar in nature, these are accordingly being dealt with together vide this common Judgment.

(3.) The main grievance of all the petitioners pertains to the alleged non-extension of the benefit of NFFU to the Medical Officers of CAPF Medical Cadres in parity with the Medical Officers of the CHS, Ministry of Health and Family Welfare, in terms of the recommendations of the Sixth Central Pay Commission.