Delhi High Court
Dr. Subodh Jha And Ors vs Union Of India And Anr on 12 June, 2025
Author: Navin Chawla
Bench: Navin Chawla
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 03.03.2025
Pronounced on: 12.06.2025
+ W.P.(C) 807/2021
DR. SUBODH JHA AND ORS .....Petitioners
Through: Mr. Sagar Saxena, Mr. Parmeet
Singh, Mr. Sarthak Pandey and
Mr. Krisnandu Haldar, Advs.
versus
UNION OF INDIA AND ANR .....Respondents
Through: Mr. Virender Pratap Singh
Charak, Ms. Shubra Parashar,
Mr. Pushpender Singh Charak
and Mr. A. Shukla, Advs.
+ W.P.(C) 827/2021
BHOLA SHANKER MISHRA AND ORS .....Petitioners
Through: Mr. Sagar Saxena, Mr. Parmeet
Singh, Mr. Sarthak Pandey and
Mr. Krisnandu Haldar, Advs.
versus
UNION OF INDIA AND ANR .....Respondents
Through: Mr. Neeraj, SPC with Mr.
Vedansh Anand, Mr. Sachin
Saraswat and Mr. Soumyadip
Chakraborty, Advs. for UOI.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MS. JUSTICE SHALINDER KAUR
JUDGMENT
SHALINDER KAUR, J.
1. The present petitions have been filed under Article 226 of the
Constitution of India seeking an issuance of writ of mandamus
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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 01.01.2006, as per their eligibility vis-à-
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.
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4. The petitioners, having been duly appointed to the Medical
Cadre of their respective CAPFs, joined service and subsequently
superannuated on the dates as mentioned herein below:
S. No. Name of the Force Date of Date of
Petitioner joining Superannuat
ion
Petitioners in Petition No. 1
1. Dr. Subodh Jha BSF 05.02.1993
Currently
2. Dr. Rajendra ITBP 18.05.1987 serving as
Kumar Verma Chief
Medical
3. Dr. Pradeep SSB 27.04.1992 Officers
Joshi
Petitioners in Petition No. 2
4. Dr. Bhola CRPF 1997 31.10.2009
Shankar Mishra
5. Dr. Nimain CRPF 1973 01.04.2006
Charan
Mohanty
6. Dr. Sudhir BSF 1974 31.03.2008
Kumar Achaya
7. Dr. Ramesh CRPF 1975 31.05.2007
Chandra
Mohanty
8. Dr. Dipak CRPF 1971 28.02.2006
Mohapatra
9. Dr. Girdhar BSF 1971 30.06.2008
Gopal Upmanu
10. Dr. Subas ITBP 1972 31.01.2006
Chandra
Mahapatra
11. Dr. Chitta ITBP 1972 30.09.2007
Ranjan
Pattanayak
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12. Dr. Samir BSF 1972 30.09.2008
Kumar Das
13. Dr. Bharata SSB 1974 29.02.2008
Chandra Pati
14. Dr. Bishnu CRPF 1974 30.11.2006
Charan Das
5. It is the case of the petitioners that, subsequent to their
appointment, the respondent No. 2, vide Office Memorandum (OM)
dated 06.07.1994, undertook a restructuring exercise in respect of the
Medical Cadres of the Central Police Organizations (CPOs). By way
of the said restructuring, the medical cadres in the CAPFs were
reorganized on lines analogous to those of the Central Health Services
(CHS), thereby ensuring parity in matters of pay, career progression
and service conditions. Furthermore, all allowances admissible to
CHS Medical Officers were extended to the Medical Officers serving
in the CAPFs.
6. Thereafter, vide a letter dated 12.12.2000 the respondents
enhanced the percentage ceiling for grant of Non-Functional Selection
Grade (NFSG) in the Medical Cadres of the CAPFs from 15% to 30%
of the cadre strength beyond the Junior Administrative Grade (JAG) in
conformity with the CHS structure, pursuant to the recommendations
of the Fourth Central Pay Commission (4th CPC).
7. Subsequent thereto, upon acceptance of the recommendations of
the Fifth Central Pay Commission (5th CPC), the Government of India
introduced the Dynamic Assured Career Progression (DACP) Scheme
for Medical Officers in the CHS, vide OM dated 05.04.2002. The said
scheme was extended to the Medical Cadres of the CAPFs vide the
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letter dated 05.09.2003, with retrospective effect. Thereafter, a senior-
level post in the Higher Administrative Grade (HAG) was also created
by the respondents in the year 2004, in the pre-revised pay scale, to be
designated as Additional Director General (Medical), to head the
integrated CAPF Medical Services. The creation of a HAG-level post,
as per the petitioners, satisfied the precondition for up-gradation under
the NFFU scheme as recommended by the Sixth Central Pay
Commission (6th CPC) with effect from 01.01.2006.
8. Upon the recommendations of the 6th CPC, the Union Cabinet
introduced a provision whereby officers belonging to Organized
Group „A‟ Services would be entitled to promotion to the next higher
pay scale on a non-functional basis, first to the Senior Administrative
Grade (SAG) in Pay Band-4 (Level 14) and thereafter to HAG (Level
15).
9. Pursuant to the said recommendations, the Department of
Personnel and Training (DoPT) issued OMs dated 24.04.2009,
21.05.2009, and 25.09.2009, whereby NFU was granted to officers
belonging to Organized Group „A‟ Services which provided for
financial up-gradation to the next higher scale for officers belonging
to a batch two years senior to the batch in which an IAS officer of the
same cadre was promoted and issued further clarifications regarding
modalities for implementation.
10. However, vide OM dated 02.04.2012, the DoPT clarified that
the benefit of NFU would not be applicable to officers serving in
Organized Services where Flexible Complementing Scheme (FCS) or
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DACP was already in operation and where officers were governed by
their own in-situ career progression schemes.
11. Whereafter, in response to a Right to Information (RTI)
application, the DoPT, vide communication dated 26.10.2012, stated
that it did not maintain any separate or updated list of Organized
Group „A‟ Services, thereby creating uncertainty over the formal status
of certain services, including CAPF Medical Cadres.
12. In light of the aforesaid position, the petitioners are stated to
have made representations before the competent authority seeking
grant of NFFU benefits, but the said representations remained
unanswered, and no relief was extended to them.
13. Aggrieved by the inaction on part of the respondents and denial
of benefits allegedly due to them under the NFFU scheme, the
petitioners have approached this Court by way of the present writ
petition, seeking appropriate directions.
SUBMISSIONS OF THE PARTIES
14. The learned counsel for the petitioners, Mr. Sagar Saxena,
placing reliance on OMs dated 06.07.1994 and 02.11.1994 issued by
the MHA, submitted that the service conditions of the petitioners,
including pay structure, promotional avenues, and retirement age,
have historically been aligned with the CHS under the Ministry of
Health and Family Welfare. He submitted that the said OMs expressly
provided that the restructuring of Medical Cadres in CAPFs would be
undertaken on the same lines as CHS, and the procedure for
promotion and appointments as applicable to CHS would mutatis
mutandis apply to the CAPFs. Therefore, the petitioners cannot be
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denied benefits of grant of NFFU on parity with the Medical Officers
of CHS.
15. The learned counsel submitted that the grant of DACP scheme
to Medical Officers of CAPFs cannot be a ground to deny them the
benefit of NFFU, especially when Medical Officers serving in CHS,
who are also covered by DACP, have been granted the benefit of
NFFU pursuant to directions passed by this Court in Joint Action
Council of Service Doctor’s Organisation v. Union of India & Ors.,
2014 SCC OnLine Del 1978. In these circumstances, he submitted,
such parity must extend to the present petitioners.
16. He further contended that the DoPT‟s OM dated 02.04.2012,
which sought to exclude those services already covered under DACP
or FCS from NFFU, has been subsequently declared as “non-est” by
the Government itself vide OM dated 03.05.2018, and hence, cannot
be relied upon by the respondents to deny benefits to the petitioners.
17. He further submitted that the petitioners, by virtue of being
members of an organized Group „A‟ Central Civil Service, are entitled
to the benefit of grant of NFFU as per the recommendations of the 6th
CPC, accepted and implemented by the Government of India through
Office Memorandam dated 24.04.2009, 21.05.2009, and 25.09.2009
issued by the DoPT. He, placing reliance on the judgment of this
Court in G.J. Singh & Ors. v. Union of India & Ors., 2015 SCC
OnLine Del 11803, wherein officers of the executive cadre of CAPFs
were held to be eligible for NFFU, having satisfied the test of being
part of an organized Group „A‟ Service, contended that the CAPF
Medical Cadres fulfill all parameters of an organized Group „A‟
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Service (OGAS) as stipulated in DoPT guidelines and monographs,
and therefore, cannot be excluded from the scope of NFFU.
18. Concluding his arguments, the learned counsel submitted that
despite the continued linkage between CHS and CAPF Medical
Services over the past several decades, and despite various
representations made by the petitioners for extension of NFFU
benefits, no reasoned decision has been taken by the respondents. The
denial of NFFU to the petitioners is therefore arbitrary, violative of
Article 14 and Article 16 of the Constitution of India, and contrary to
the settled principle that equals must be treated equally.
19. Per contra, the learned counsels, Mr. V.P. Singh Charak and Mr.
Neeraj, SPC, appearing on behalf of the respondents submitted that
the present writ petitions are not maintainable inasmuch as the claims
raised by the petitioners relate to service and financial benefits,
involve issues of classification and equivalence of services, which are
inherently policy matters. They submitted that such matters fall
exclusively within the domain of the Executive, and this Court, in
exercise of its writ jurisdiction under Article 226 of the Constitution,
ought not to interfere with the same, specifically when no legal or
constitutional infirmity has been pointed out in the Government‟s
policy decisions on behalf of the petitioners.
20. The learned counsels submitted that the petitioners, being
Medical Officers from the CAPFs, are not entitled to the benefit of
NFFU, as they do not belong to any cadre or service which has been
formally notified or recognized as an Organized Group „A‟ Central
Service. As per the policy framework laid down by the DoPT, the
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grant of NFFU is confined to such services which satisfy all the
attributes of an OGAS, including approval of service cadre structure
by the Cabinet, presence of structured hierarchy and regular cadre
review, among others. Thus, the Medical Cadres of CAPFs have not
been declared as such, and therefore, fall outside the purview of
NFFU.
21. The learned counsel, placing reliance upon the OMs dated
24.04.2009 and 25.09.2009, and OM dated 02.04.2012, which
expressly provided that officers of services where DACP or Flexible
Complementing Schemes (FCS) are operational shall not be entitled to
NFFU, submitted that the benefits under the DACP scheme have
already been extended to the CAPF Medical Officers vide MHA
orders, and as such, the claim for NFFU is impermissible.
22. The learned counsel submitted that the nature of service of
Medical Officers in CAPFs differs significantly from that of Medical
Officers in CHS, Indian Railways, or Ordnance Factories. The
petitioners function within the command-and-discipline structure of
paramilitary forces, and are governed by separate statutory rules,
including Force-Specific Acts and Service Rules. Accordingly, the
CHS cannot be treated as a valid comparator for the purpose of
claiming financial parity. Moreover, the petitioner cannot claim any
benefits beyond those specified in the Recruitment Rules.
ANALYSIS & FINDINGS
23. In view of the conflicting submissions as put forth on behalf of
the parties, the principal issue before us is, whether the Petitioners,
being serving and retired medical officers of the General Duty
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Medical Cadre of the CAPF, are entitled to the benefit of NFFU and
other entitlements as per the recommendations of the 6th CPC
effective from 1st January, 2006.
24. Indeed, NFFU was introduced in 2006 by the 6th CPC to
address the issue of stagnation and improve career prospects for
officers in OGAS, where a defined cadre structure and career
progression endures. It postulates financial benefits in the absence of
official promotion. Under the NFFU scheme, officers gain a higher
salary and benefits even if they do not proceed in rank. Financial up-
gradation is granted if a batch-mate is promoted, even without an
actual promotion.
25. NFFU was essentially introduced for OGAS, a subset of the
Central Civil Services (Group A), characterized by a hierarchical
structure with different grades of posts and defined responsibilities.
The objective is to prevent stagnation among non-promoted officers in
cadres where promotional avenues are limited, especially as one
moves up the hierarchical pyramid. When a batch-mate is promoted to
a particular position or rank, officers from the same batch are placed
in the same pay grade, even without an actual promotion. NFFU thus
provides financial upgradation without altering seniority, posts, or
duties. Furthermore, to be eligible for the grant of NFFU, officers
must meet the prescribed eligibility criteria, promotional norms, and
benchmarks defined in the related DoPT mandates.
26. In the case before us, the petitioners while relying upon the
decision in G.J. Singh (Supra) have claimed that CAPFs General Duty
(GD) Cadre has been adjudged by the Delhi High Court as Central
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Group „A‟ Service since 1986, as these services were listed as Central
Group „A‟ Civil Services Cadre Monograph, 1986. CAPFs medical
cadre were also listed in the same list, hence, being similarly placed,
the medical officers should have been given all benefits as allowed to
CAPFs GD Cadre.
LEGAL POSITION
27. Before addressing the pleas raised by the parties, we consider it
appropriate to outline the legal position. It is noteworthy that the
recommendations of the 6th CPC regarding the grant of NFFU to
officers of OGAS were accepted by the Government of India, and an
OM dated 24.04.2009 was issued, extending the benefit of the NFFU
scheme with effect from 01.01.2006. However, this benefit was not
extended to the BSF, CRPF, and other CAPFs. The O.M. dated
24.04.2009 reads as under:-
“No. AB.14017/64/2008-Estt.(RR)
Government of India
Ministry of Personnel, Public Grievances and
Pensions
Department of Personnel and TrainingNew Delhi, the 24th April, 2009
Office Memorandum
Subject:- Non-Functional, upgradation for Officers
of Organised Group ‘A’ Services in PB-3 and PB-4
***
Consequent upon the acceptance of the
recommendations of the Sixth Central Pay
Commission, the following orders are issued:-
(i) Whenever an Indian Administrative Services
Officer of the State of Joint Cadre is posted at the
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grade pay in Pay band 3 or Pay Band 4, the officers
belong to batches of Organised Group A Services
that are senior by two years or more and have not so
far been promoted to that particular grade would be
granted the same grade on non-functional basis
from the date of posting of the Indian Administrative
Service Officers in that particular grade at the
Centre.
(ii) Grant of higher scale would be governed by the
terms and conditions given in Annex-I.
(iii) Appropriate amendments in the Service Rules
may also be carried out.
(iv) Establishment Division of this Department will
issue orders from time to time, in consultation with
the Establishment Officer, intimating the batch of
the officers belonging to the Indian Administrative
Service who have been posted at the Centre in the
various grades of PB-3and PB-4 as well as the date
of posting of the first officers belonging to the batch.
2. Grant of higher scale (i.e. pay band and/or grade
-pay) under these instructions would be w.e.f.
1.1.2006, wherever due and admissible.
3. Hindi version will follow.
-Sd-
(SMITA KUMAR)
Director(E-I)
Tel. 2309 2479″
28. As a fallout of the above mentioned O.M., several serving and
retired Medical Officers in CRPF made representations to the central
government, which was rejected vide O.M. No. F.No.P.I.1/21022-
PERS.DA-Pay dated 28.10.2013 on the ground that the grant of NFFU
applies only to those Group-A services that fall under the Central
Staffing Scheme and are part of OGAS, to which the petitioners did
not belong.
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29. To challenge the said O.M., the petitioners, who were officers in
CRPF filed a batch of Writ Petition, seeking grant of NFFU as
applicable to other Group „A‟ Officers of Central Government, which
were disposed of vide the common Judgment of G.J. Singh (Supra).
30. This Court in case of G.J. Singh (Supra), while allowing the
writ petitions granted the benefit of NFFU as recommended by the 6th
CPC to the said petitioners held as under:-
“75. The crux of this matter is the Government’s
classification of Group A services as organized or
otherwise and whether the officers of the CAPFs
(previously knows an CMPFs) are a part of
Organized Central Group – A Services. The Court
would note that the issue in these cases is not
fixation of pay scale as argued by the learned ASG
but is in fact, whether the Government itself has at
anytime acknowledged or stated that such officers of
the CAPFs form a part of organised Group-A
Services. Therefore, the reference to and reliance on
various judgments referred to above in Para 63 in
his contentions above are misplaced because those
precedents deal with fixation of pay and not with
classification of services in „organised‟ and
unorganised cadres which is the issue in this batch
of writ petitions.
xxx
78. From the above, it is clear that the Government
itself has admitted way back on 21.10.1986 that BSF
and CRPF are organised services and have in fact
used them as examples of organised services.
Thereafter, the Government has through its own
process classified the BSF, CRPF, ITBP and CISF
as being at par with each other in the 1986, 1993
and 2010 Monographs wherein the aforesaid CAPFs
have been shown as part of the same Group „A‟
Central Civil Services.
79. The report of the Second Administrative Reforms
Committee includes in Table 4.1 a list of all
Organised Group „A‟ Central Civil Services in the
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such as BSF, CISF, CRPF and ITBP are shown at
Serial nos. 22 to 25 respectively and the source at
the bottom of the table is stated to be the DoPT
itself.
80. The Court would note that after about six years
of the publication of this report, the matter is being
argued and the Government‟s own documents are
being relied upon by the petitioners to contend that
they belong to Organised Group „A‟ Central Civil
Services of the Government. Meanwhile, the
Government has sought to correct the said list to
exclude the petitioners (CAPFs) from the ambit of
Organised Group „A‟ Central Civil Services. This,
however, is impermissible in law since the release of
the list was a result of a statutory exercise. The
information supplied to the Administrative Reforms
Committee would have been accompanied by
affidavits of and/or communication from responsible
officers and the Government would be bound by it.
Therefore, the Court is of the view that for the
Government to state that this was a mistake to
withdraw it, at this stage, is neither convincing nor
tenable.
81. The Court would note that the DoPT‟s OM
dated 19/20.11.2009 which lays down six attributes
which a Central Groups „A‟ Service needs to possess
to be considered as Organised cannot be relied upon
too heavily since it is the respondents‟ own
admission in the impugned OM dated 28.10.2013
that “these attributes are merely traits
/characteristics and are not sacrosanct.” The Note
at the bottom of the 2009 OM provides for minor
deviations from these attributes. It also states that
even if a Group „A‟ Service posses all six attributes,
it might not be automatically conferred the status of
an Organised Group „A‟ Service as these have to be
“constituted consciously” and “can be constituted
only through the established procedures”. The Court
is of the view that the presence of reports and other
documents explicitly stating the CAPFs are an
Organised Group „A‟ Service evidences that they
have been constituted consciously and through
established procedures.
82. The Government‟s contention that NFFUs
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cannot be granted since the CAPFs comprise a strict
hierarchy with a well defined Command and Control
structure; that any interference with this structure
would be detrimental to the interest of the forces and
would adversely affect its operation and functioning;
It was thus, claimed that all posts in the CAPFs are
functional and there is no room for Non Functional
posts, is untenable because by very definition there
is no interference with functions, duties or the posts
but only an increase in the financial prospects.
83. The Court would also take cognizance of the
reply dated 11.02.2015 to an RTI application
whereby certain queries bearing relevance to the
present case were sought and through which it was
revealed that the Indian Defence Accounts Service
(IDAS) is an Organised Group „A‟ Central Civil
Service. This RTI reply was accompanied by a list of
all Organized Group „A‟ Central Civil Services. This
is the same list discussed above and seen in the
report of the Second Administrative Reforms
Committee in Table 4.1 and includes the CRPF.
Therefore, it can be seen that as recent as 11.2.2015,
this list has been endorsed and relied upon by the
Government of India and the Court sees no reason
to doubt its applicability.
84. The issue of acknowledging the petitioners as
OGAS has been pending for some time like a
festering wound. From the preceding discussion, the
Court would note although from the government
records it can clearly be seen that the Petitioners
have over and over again been recognised as OGAS,
an element of obfuscation has been kept alive. It
cannot be overemphasised that in matters relating to
the armed forces and the paramilitary/CAPFs there
ought to be clarity and certainty apropos the service
benefits which the forces would be entitled to. An
element of greater dispatch in taking decisions
governing their service conditions would always be
requisite. Therefore, to the extent that the OM dated
19/20.11.2009 and OM dated 28.10.2010 themselves
leave scope for interpretation, it could well be said
that there is a level of arbitrariness in them. The
government having repeatedly acknowledged the
Petitioners in their various communications as
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belonging to OGAS cannot be allowed to reprobate
there from.
85. In view of the above, the Court is of the view that
the petitioners, i.e., officers in PB-3 and PB-4 in the
CAPFs (CRPF in the present instance) have been
categorised under Organised Group „A‟ Service
ever since the year 1986. Hence, the benefits
contemplated by the 6th CPC by way of NFFU to
remove disparity between All India Services and
other Organised Central Group „A‟ Services, ought
to be granted to them. Accordingly, the impugned
OM dated 28.10.2010 and all other letters whereby
the petitioners‟ request for the grant of NFFU was
rejected, cannot be sustained and are hereby
quashed.”
31. The Union of India, the respondent therein, assailed the above
decision of this Court and filed a Special Leave Petition titled as
Union of India & Ors. v. Sri Harananda & Ors., (2019) 14 SCC 126.
The Supreme Court dismissed the SLP, holding that it cannot be said
that CAPFs do not constitute a part of OGAS. The relevant paragraphs
of the decision are extracted herein below:-
“23.4 Considering the material on record, more
particularly, the monographs published by the DoPT right
from 1986 till date, CAPFs have been shown to be a part
of the Central Group A Services. CAPFs have been shown
as a part of the Central Group A Services after conducting
the exercise of cadre review etc. by the DoPT. Therefore,
all throughout from 1986 till date, in the Monographs
published by the DoPT, CAPFs have been shown to be a
part of Central Group A Services. Therefore, thereafter it
would not be open for the DoPT not to consider and/or
treat the CAPFs as an Organized Group A Services.
23.5 So far as the submission made on behalf of the
Appellants that CAPFs are not an Organized Group A
Services as they do not satisfy two attributes out of six
attributes is concerned, it is required to be noted that the
O.M. dated 19-11-2009 specifically notes that there may
be certain “minor deviations” from the attributes listed
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the listed criteria are fulfilled, the same would not
automatically confer the status of an Organized Group A
Service. Thus, as rightly observed by the High Court in the
impugned judgment and order, fulfilling/compliance of
the attributes shall not be given too weightage while
deciding on the status of CAPFs.
23.6 At this stage, it is required to be noted that while
considering the case of ITBP, the Department of
Expenditure, Ministry of Finance, Government of India, it
has been referred to in the additional affidavit of the
Director, DoPT that since ITBP has no proper structure it
is not possible to compare it with other Organized
Services like BSF, CRPF. Thus, the Government itself has
itself admitted way back on 21.10.1986 that BSF and
CRPF are Organized Services and have, in fact, used them
as examples of Organized Services. At the cost of
repetition, it is to be noted that thereafter the Government
has, through its own process, classified the BSF, CRPF
and ITBP as being at par with each other in the 1986,
1993 and 2010 Monographs, wherein the aforesaid
CAPFs have been shown as a part of the same Group A
Central Civil Services.
23.7 From the impugned judgments and orders passed by
the High Court, it appears that by passing the impugned
judgments and orders and holding that CAPFs are
Organized Group A Central Civil Services, the High Court
has considered the report of the Second Administrative
Reform Committee which included in Table 4.1 a list of all
Organized Group A Central Services in the Government of
India in which the Paramilitary Forces such as BSF,
CISF, SRPF and ITBP are shown at SI. Nos. 22 to 25
respectively and the source at the bottom of the Table is
stated to be the DoPT itself.
23.8 Considering the aforesaid facts and circumstances
and the material on record, which came to be considered
by the High Court in detail, it cannot be said that CAPFs
do not constitute Organized Group “A” Central Civil
Services/Group A Central Civil Services.
24. Now, so far as another ground on which the CRPF
are denied the NFFU that the 6th Central Pay
Commission did not grant NFFU to CAPFs is
concerned, it is required to be borne in mind that the
Central Pay Commission, as such, is not authorised to
define “Organized Services” or to grant such status toSignature Not Verified
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UNIYAL BHATT
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any service. The recommendations would be made by the
Central Pay Commission on the basis of the information
submitted to it by the various Departments. It appears
from the material on record that right from 1986 onwards,
in various Monographs CAPFs were included in the list of
Group A Central Civil Services. The Government took
“U” turn and a stand was taken that CAPFs are not
Organized Group A Central Services and, therefore, on
the basis of such a stand, the Department must have given
the information to the Central Pay Commission and,
therefore, the 6th Pay Commission did not recommend
NFFU to CAPFs. Therefore, merely because the 6th Pay
Commission did not recommend to grant NFFU to CAPFs
– Group A Officers in PB-III and PB-IV, the Group A
Officers in PB-III and PB-IV cannot be denied the NFFU,
which otherwise is granted to all the Officers of Group A
Central Civil Services.
24.1 It is also required to be noted that, as such, the
CAPFs were granted the benefit of recommendations of 4
th Pay Commission, more particularly, the Modified
Assured Career Progression Scheme which was given to
the Central Group A Civil Services.
24.2 Considering the aforesaid facts and circumstances
and the objects and reasons of the grant of NFFU as
recommended by the 6th Pay Commission, when the High
Court has observed and consequently directed that the
officers in PB-III and PB-IV in the CAPFs are Organized
Group A Service and, therefore, entitled to the benefits
recommended by the 6th Pay Commission by way of
NFFU and thereby has directed the Appellants to issue a
requisite notification granting the benefits of NFFU
as recommended by the 6th Central Pay Commission, it
cannot be said that the High Court has committed any
error which calls for the interference by this Court. We
are in complete agreement with the view taken by the High
Court.”
(emphasis supplied)
32. From the above decision, it is discernible that the CAPFs, for all
practical purposes, fall within the ambit of OGAS, including for the
purpose of granting NFFU. In compliance with the aforesaid decision
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UNIYAL BHATT
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of the Supreme Court, the DoPT issued an O.M. dated 04.07.2019,
which is reproduced herein below:
“No J-II-07/2018-SLP/Pers.II
Government of India
Ministry of Home Affairs
Police-II Division
BSF
North Block, New Delhi
Dated, the 04th July, 2019.
OFFICE MEMORANDUM
Subject: Grant of benefits of Non Functional
Financial Upgradation (NFFU) and Non Functional
Selection Grade(NFSG) to Group „A‟ Executive
Cadre Officers of CAPFs considered by the Hon‟ble
Courts as belonging to Organized Group A‟ Services
(OGAS)-reg
The undersigned is directed to invite at‟ention to the
subject cited above. Approval of competent authority
is hereby conveyed to grant of OGAS to Group „A‟
Executive Cadre Officers of CAPFs and
consequential benefits of NFFU with effect from
01.01.2006 and NFSG @ 30% of Senior Duty Post
(SDP) with effect from 06.06.2000, as per the
Department of Personnel & Training guidelines
dated 24.04.2009 and 06.06.2000 respectively and
subsequent instructions thereon.
2. The DsG of CAPFs are, therefore, directed to
extend the benefits of NFFU and NFSG to the
eligible Group „A‟ Executive Cadre Officers of
CAPFs by taking immediate necessary action for
implementation. Compliance report be sent to MHA
within a fortnight.
-sd-
(Lalit Kapoor)
Deputy Secretary to the Govt. of India
Tele 23092889″
33. Consequently, the said O.M. conveyed the approval of the
Competent Authority for according OGAS status to the Group-A
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UNIYAL BHATT
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Executive cadre officers of the CAPFs and, as a result, the grant of
NFFU benefits with effect from 01.01.2006. The Director Generals of
the CAPFs were directed to take immediate necessary action to
implement the grant of NFFU benefits accordingly.
34. In a recent judgment, titled as Sanjay Parkash and Anr. Vs
Union of India and Anr,. 2025 SCC OnLine SC 1201, in a batch of
civil appeals filed by the CAPFs, while considering the judgments of
G.J. Singh (Supra) and Harananda (Supra), the Supreme Court
observed as under:
“43. Now that the Central Government has accepted
that CAPFs are included in OGAS, the natural
consequences should follow. Eligible officers
belonging to the CAPFs have already been granted
NFFU following the decision of this Court in
Harananda (supra). DoPT OM dated 12.07.2019
makes it abundantly clear that the CAPFs have
been treated as OGAS for cadre issues and all other
related matters. In other words, CAPFs are OGAS
for all purposes. When CAPFs have been declared
as OGAS, all benefits available to OGAS should
naturally flow to the CAPFs. It cannot be that they
are granted one benefit and denied the other.”
(emphasis supplied)
35. From the above decisions, it is evident that officers in PB-3 and
PB-4 in the CAPFs belong to OGAS and are, therefore, entitled to the
benefits recommended by the 6th CPC, including the grant of NFFU.
In compliance with the decision in the case of Harananda (supra), the
Ministry of Home Affairs has conveyed its approval for granting
OGAS status to Group-A Executive cadre officers of the CAPFs,
along with the consequential benefits of NFFU, with effect from
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UNIYAL BHATT
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01.01.2006, and NFSG at 30% of senior duty posts with effect from
06.06.2006.
36. Having said so, now we proceed to consider the next
submission of the petitioners that they being Medical Officers of
Medical Officers Cadre in CAPFs, are also entitled to grant of benefit
of NFFU, as has been granted to the Executive Cadre Officers of
CAPFs.
37. The petitioners have claimed that initially, Medical Officers
were inducted into the CAPFs either on deputation from the CHS or
through recruitment via CHS to serve in the Central Paramilitary
Forces. These Medical Officers were later combatised in the CAPFs
for the limited purposes of duty, discipline, and conduct, as per
Government of India (MHA) Order No. M.II.1/73 Prov-Ft. II dated
10.06.1974, issued by Respondent No. 2. However, their service
conditions, such as allowances and age of retirement, remained the
same as those applicable to the Medical Officers in the CHS.
38. The learned counsel for the petitioners submits that the 4th CPC
recommended for continuing the promotion prospects of CHS for
CAPF Medical Officers. When these promotional benefits were not
extended to CAPF Medical Officers by Respondent No. 2, they
approached the Andhra Pradesh High Court by filing Writ Petition No.
11536/1990. Subsequently, the Government granted service benefits to
CAPF Medical Officers at par with those of CHS Medical Officers,
thereby maintaining parity in career progression between the two
cadres. Similarly, CAPF Medical Officers were also extended
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additional benefits granted to CHS Medical Officers, as per O.Ms.
dated 14.11.1991.
39. He submits that subsequently, the MHA, in consultation with
the DoPT, restructured the medical cadres of the CAPF based on the
same procedures prescribed in the CHS Service Rules, 1982.
Accordingly, the benefits available to CHS Medical Officers were
extended to CAPF Medical Officers thereafter.
40. The learned counsel also submitted that apart for the purposes
of discipline, the command and control of CAPF Medical Officers
were governed by the respective CAPF Act and Rules, Recruitment
Rules of Medical Services of respective forces, however, with respect
to their career progression, the pattern of CHS was followed. Moreso,
the respondents have never expressly excluded the Medical Officers of
CAPF from benefits of NFFU. To impress upon that service benefits
of Medical Officers of CAPF are akin to CHS, the learned counsel
submits that the petitioners are the beneficiaries of DACP since 1984
at par with CHS. He further highlighted that the age of retirement for
Medical Officers in the CAPF was increased to 65 years, aligning it
with that of the Medical Officers of the CHS, as per the MHA Order
dated 30.06.2016.
41. The learned counsel submitted that the NFFU benefit as
recommended by 6th CPC have already been extended to all similarly
placed Medical Officers in CHS and other organizations, then, same
be extended to the Medical Officers of CAPF. He submits that the
CAPF Health Services have been denied such benefits, even though
several representations have been made by them.
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UNIYAL BHATT
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42. The learned counsel for the respondent refuted the submissions
made on behalf of the petitioners by stating that the proposal to grant
NFFU to Medical Officers of the CAPF was examined by the Ministry
of Home Affairs in consultation with the nodal Ministry, i.e., the
Ministry of Health and Family Welfare, and the DoPT. The Ministry
of Health and Family Welfare declined the request for granting NFFU
to CAPF Medical Officers, stating that NFFU was granted only to the
Executive Cadre of CAPFs, as they were considered OGAS pursuant
to directions of this Court and the Supreme Court. It was further
submitted that the OGAS status of the medical cadre of CAPF has not
been established, and since CHS is a medical cadre of OGAS, CAPF
Medical Officers are not entitled to the same status.
43. The learned counsel also submitted that the recruitment of
Medical Officers in the CAPF is governed by separate Recruitment
Rules; therefore, they are not eligible for the same benefits granted to
Medical Officers of the CHS, who have their own distinct Recruitment
Rules. He further submitted that the petitioners, nonetheless, receive
timely promotions and financial up-gradation benefits under the
DACP scheme in accordance with the recommendations of the CPC.
Consequently, they cannot be equated with CHS Medical Officers to
grant the benefit of NFFU.
44. In rebuttal, the learned counsel for the petitioner submitted that
the OGAS status of the medical cadre of the CAPFs has already been
established, as reflected in the Tenth Report of the Second
Administrative Reforms Commission dated November 2008. The
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UNIYAL BHATT
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health services of the BSF, CRPF, and ITBP have been recognized as
OGAS alongside the CHS and other organizations.
45. The learned counsel drew our attention to the decision dated
13.10.2014 of this Court in Joint Action Council of Service Doctor’s
Organization (Supra), and submitted that vide the said decision, even
though the CHS Medical Officers were also being covered under
DACP Scheme, still they were held to be entitled to the benefits of
grant of NFFU also.
46. He further submitted that in pursuance to the aforementioned
decision in Joint Action Council of Service Doctor’s Organization
(Supra), the Indian Railway Medical Service Officers have been
allowed the benefits of grant of NFFU scheme upon considering them
as OGAS. The learned counsel drew our attention to the Letter No.
PC-VI/2009/I/4/R-6/1 dated 08.06.2018 which reads as under:
“GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)PC-VI No. 386
RBE No. 83/2018
No. PC-VI/2009/I/4/R-6/1
New Delhi, Dated:-08.06.2018The General Managers/CAO(R)
All India Railways & Production Units,
(as per mailing list)Sub: Grant of Non-functional Up-gradation to
Indian Railway Medical Service officers.
Ref: (i) Railway Board’s letter No. PC
VI/2009/I/4/R-6/1 dated 27.11.2009 (RBE
No.209/2009) & 29.07.2010 (RBE 107/2010)Signature Not Verified
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Digitally Signed By:SHALINI
UNIYAL BHATT
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(ii) Railway Board’s letters No.PC-V/2008/ACP/2
dated 07.01.2009 (RBE No.05/2009)Attention is invited to Railway Board’s letter No. PC
VI/2009/I/4/R-6/1 dated 27.11.2009 (RBE
No.209/2009) circulating DOP&T’s OM No.
AB.14017/64/2008-Estt.(RR) dated 24.04.2009 &
25.09.2009 for adoption in favour of Railway
Officers of Organised Group ‘A’ Services in PB-3
and PB-4.
2. It was subsequently clarified by DOP&T
vide their OM No. AΒ.14017/39/2009-Estt. (RR)
dated 02.04.2012 that the benefit of NFU to
Organised Group ‘A’ Services shall not be
applicable to the officers in those Organised
Services where FCS and DACP Schemes are already
operating and where officers are already separately
covered by their own in-situ Progression Schemes.
However, Hon’ble Delhi High Court in WP (C) No.
4067/2014 and WP (C) No. 4073/2014 vide orders
dated 13.10.2014 quashed the DOP&T’s OM dated
02.04.2012. Since the said judgment of Hon’ble High
Court attained finality as Hon’ble Supreme Court
dismissed the SLP and Review in the case, DOP&T
decided to declare their OM dated 02.04.2012 as
non-est, as conveyed vide their OM No.CS-
14017/1/2018-Estt. (RR)(Pt.I) dated 25.04.2018.
3. There has been a demand of IRMS officers
also for extension of the benefits of NFU Scheme
and the issue has been the subject matter of
litigation. Hon’ble Central Administrative Tribunal
vide their orders dated 28.09.2017 in
O.A.No.3290/2017 (Indian Railway Medical
Services Association & Anr vs DOP&T & Anr)
allowed the relief in terms of the judgment of
Hon’ble Delhi High Court in W.P.(C) No.
4067/2014. The matter was accordingly referred to
DOP&T.
4. DOP&T have considered the issue in
consultation with Department of Expenditure and
conveyed their no-objection to the Ministry of
Railways to extend NFU benefits to IRMS doctors.
Accordingly, Ministry of Railways have decided to
grant the benefit of Non-Functional Upgradation
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UNIYAL BHATT
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(NFU) Scheme as applicable to Organized Group ‘A’
services of Railways to IRMS Officers as per the
detailed terms and conditions as have been in vogue
from time to time after introduction of the scheme.
Accordingly, grant of higher scale/benefits under the
scheme would be admissible w.e.f. 1.1.2006, where
due and admissible, as provided in the original
instructions under reference.
-sd-
(S. Balachandra Iyer)
Executive Director/Pay Commission-II
Railway Board.
No. PC-VI/2009/I/4/R-6/1 New Delhi,
dated 08.06.2018
Copy to the Deputy Comptroller and Auditor
General of India (Railways), Room No. 224, Rail
Bhawan, New Delhi (with 40 spares).
-sd-
For Financial Commissioner/Railways”
47. To appreciate the pleas raised on behalf of the parties, it is
necessary to refer to the Tenth Report of the Second Administrative
Reforms Commission, Government of India, dated November 2008.
The report lists the OGASs in Table 4.1, further categorizing them into
(i) Non-technical services, (ii) Technical services (including
engineering services), (iii) Health services, (iv) Other services, and (v)
Central Secretariat services. The table 4.1 includes the BSF, CRPF and
ITBP as OGAS under the Government of India. Additionally, the
CHS, BSF Health Services, CRPF Health Services, and ITBP Health
Services are also included as Group-A Central Civil Health Services
under the Government of India.
48. In Joint Action Council of Service Doctor’s Organization
(Supra), the petitioners were Joint Action Service of Doctor‟sSignature Not Verified
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Organization and Delhi Administration Doctor‟s Welfare Association,
who were declined the benefit of grant of NFFU to the members of
Petitioner‟s Association by the Central Administrative Tribunal,
Principal Bench, New Delhi in OA Nos. 2727/2012 and 2726/2012.
The benefit of grant of NFFU was denied on the ground that they were
already getting benefits under DACP, therefore, NFFU could not be
granted as it was „not desirable to mix one with the other‟.
49. Upon challenge of the said decision before this Court, said
Order of the learned Tribunal was quashed and respondents were
directed to grant the benefit of NFFU scheme to the members of the
Central Health Scheme of Group-A service. The relevant extracts are
reproduced as follows:
“18. The recommendations of the 6th CPO were to bring
at par the pay of the officers in Pay Band – 2 and Pay
Band 3, who are senior by two or more years to the IAS
officers who are posted at the Centre. The upgradation is
non- functional, and does not create any right for
promotion or deputation benefits for the officers who are
given the upgradation, which is personal to them. The
objective of the NFU Scheme appears to be to remove the
disparity in the pay being drawn by officers of Group ‘A’
Services (PB-3 and PB-4) vis-a-vis IAS Officers of the
State or joint cadre who are posted at the Centre. The
endeavour appears to be to remove the said disparity to a
certain extent, as only such of the officers of the organized
Group ‘A’ Service would get non-functional upgradation,
who are at least two years senior to the IAS officer posted
at the Centre. Pertinently, the Tribunal had itself found in
the earlier round (while deciding O.A. No. 1169/2010) that
the intention of the NFU Scheme was to remove the
disparity between the IAS and other Group ‘A’ Services.
The aforesaid finding has become final and it was never
challenged by the respondents. The thirteen reasons given
by the respondents before the Tribunal-which were
recorded in the impugned order itself, appear to be wholly
irrelevant to the purpose for which the NFU Scheme wasSignature Not Verified
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UNIYAL BHATT
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granted by the 6th Central Pay Commission to officers of
Group ‘A’ organized services. In our view, it is wholly
irrelevant that the DACP Scheme was implemented for the
CHS Officers up to NFSG level as per the Fifth Central
Pay Commission’s recommendation since 05.04.2002,
whereas officers of other organized Group ‘A’ cadres were
not granted such benefits. This is a historical fact of which
the 6th CPC was aware. Yet it did not seek to deny the
benefit of the NFU Scheme to the CHS. Obviously, the
grant of NFU to the eligible officers of the CHS would be
relevant, only if after grant of benefit under the DACP
Scheme, there is disparity between the pay of the eligible
officers in the organized Group ‘A’ Services and the pay
drawn by the IAS Officer posted at the Centre. To us, it is
clear that the reasoning adopted by the respondents to
deny benefit of the NFU Scheme to the officers of the
petitioners association-which, admittedly, is an organized
Group „A‟ Service, is founded upon wholly extraneous
considerations which do not find mention in the
recommendation of the 6th Central Pay Commission as
accepted by the government and the said reasons do not
shake the basic purpose of the grant of NFU-as a personal
upgrdation to the eligible officers. Pertinently, even when
clarifications were issued by the DoPT vide O.M. dated
25.09.2009, the DoPT did not seek to limit the scope of the
entitlement to NFU, on the premise that where ACP or
DACP schemes are in operation, the NFU shall not be
admissible. Therefore, it appears to us, that the stand
subsequently taken by the respondents to deny the benefit
of the NFU Scheme to the eligible officers of the CHS, is
clearly an after-thought.
19. Since we do not find any substance in the reasons
given by the respondents to deny the benefit of the NFU
Scheme to the officers of the petitioners associations, we
have no hesitation in quashing the said decision of the
respondents contained in the office memorandum dated
02.04.2010, which we hereby do.”
(emphasis supplied)
50. The SLP thereagainst, being SLP(C) No. 9395-96/2015, was
dismissed by the Supreme Court vide Order dated 06.07.2015. The
review thereof, was also dismissed by the Supreme Court vide its
Order dated 15.03.2016.
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UNIYAL BHATT
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51. From the above, it emerges that although the DACP scheme
was applicable to CHS Medical Officers as per the 5th CPC
recommendations, the benefit of NFFU under the 6th CPC was made
available to such officers only if, after the grant of benefits under the
DACP scheme, a disparity existed between the pay of eligible officers
in OGAS and the pay drawn by IAS officers posted at the Centre.
52. Pertinently, in view of Tenth Report of Second Administrative
reforms‟ recommendations of the Government of India, like the CHS
falling under Ministry of Health and Family Welfare, a Organized
Group-A Central Civil Service, the BSF Health Service, the CRPF
Health Service and the ITBP health service, falling under Ministry Of
Home Affairs, are also included in the list of Organized Group-A
Central Civil Services.
53. It is to be noted that Railway Boards Letter No. PC-
VI/2009/I/4/R-6/1 dated 08.06.2018 granted the benefit of NFFU to
the Medical Officers of Indian Railway Medical Services.
54. Moreover, this Court has adjudged CAPFs GD cadre as Central
Group-A Service since 1986 as these services were listed as Central
Group-A civil services I cadre Monograph 1986. CAPFs Medical
Cadres were also listed in the same list, hence they are also similarly
placed and should have been given all benefits allowed to CAPFs GD
Cadre.
55. Consequently, the Medical Officers of the BSF, CRPF, and
ITBP, like those of the CHS, would also be entitled to the benefits
under the NFFU scheme as granted by the 6th CPC, regardless of their
coverage under the DACP scheme. However, it is made clear that the
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grant of NFFU to eligible officers of these three health services, i.e.,
BSF, CRPF, and ITBP Health Services, would apply only if, after the
benefits under the DACP scheme have been granted, a disparity exists
between the pay of these officers in OGAS and the pay drawn by IAS
officers posted at the Centre.
56. In the conspectus of aforesaid circumstances, the respondents
are hereby directed to issue the necessary orders granting the benefit
of the NFFU scheme and other benefits under the 6th CPC to the
Medical Officers of the BSF Health Service, the CRPF Health
Service, and the ITBP Health Service, as part of OGAS with effect
from 01.01.2006. The requisite orders shall be issued within twelve
weeks from today.
57. Accordingly, the present petitions are allowed and disposed of
in above terms.
SHALINDER KAUR, J
NAVIN CHAWLA, J
JUNE 12, 2025/KP
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Digitally Signed By:SHALINI
UNIYAL BHATT
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