NFU FOR ARMED FORCES - UPDATE

Lt Col Mukul Dev @Warrior_Mukul  is presently fighting this case where in the Govt has gone on appeal against the judgment of the AFT.  
     DETAILED PAPER ON NFU -  By Brig CS Vidysagar -  CLICK HERE TO READ     OR  CLICK HERE TO DOWNLOAD
UPDATE  18 Mar 2019 - The tweets from Col Mukul Dev and the News paper cuttings reproduced below are self explanatory. Col Mukul Dev is being threatened let these elements know that Mukul is not alone the entire Fauji community is with him.



UPDATE 14 Mar 2019 - NFU Case was re-listed today because of non service of  Notice to certain Respondents( serving and retired Armed Forces offrs who were part of AFT case). The Hon'ble Court has asked the Govt to serve Notice to them within two weeks. No other changes.  Judgement remains reserved as it is. Next date to ascertain as to whether Govt has served Notice to them or not is Apr 10, 2019.
   
UPDATE 12 Mar 2019   - Col Mukul Dev(@Warrior_Mukul) Tweeted: NFU UPDATE: Hearing concluded. Judgement reserved at 1530h today. Open details https://twitter.com/Warrior_Mukul/status/1105408789338116097?s=17. 
CPOs already granted NFU by Supreme Court . MoD opposed it tooth and nail read below how they enviously approached the case against the uniformed lot and what they had to say, it will be news to many.
" While the PM and the  RM may  exploit the valour of the Services, a post in circulation on  yesterday's events  in the Supreme Court reflects on the love of the bureaucrats and the MoD Babus for the Services. Read on... 



REPRODUCED FROM MUKUL DEV'S TIMELINE (https://m.facebook.com/story.php?story_fbid=10213916232805949&id=1413002242)
      12th March 2019, the Black Day in the History of Indian Armed Forces which I must observe it as, when I had to hear the most demoralizing & damaging arguments of the MoD in the Hon'ble Supreme Court against us while objecting to the grant of NFU to us.The MoD Babus have got objection to the CSD facilities, the Army Public Schools, the Offrs Institutes, the free travel passes (in their terminology), the concessional Air Travel Scheme,the grant of Military Service Pay(MSP), the free Rations and the so called palatial houses in which we are made to stay. In nutshell, they have got objections to anything & everything which the Fauj is having. In essence, the same very Babus who are entrusted to look after the interests of soldiers are now trying to usurp everything for themselves. Times have definitely changed....."










ALSO READ WHERE WE STAND --

https://m.facebook.com/story.php?story_fbid=10213916284727247&id=1413002242&sfnsn=mo


WHAT IS NFU..?? MAY BE A GHOST TO MANY..EVEN AFTER READING BELOW IF YOU CAN'T UNDERSTAND...HAVE 3 DRINKS AND THEN READ AGAIN ..IF STILL CAN'T...THEN change YOUR DRINK.....AND YOUR GLASS..

Dear Sirs,

There are some queries as to how NFU will impact the pension of retired armed forces pensioners. I am trying to clarify the same as under: 
NFU (Non Functional Upgradation) was introduced from Jan 2006 in r/o Civilian Group A Officers as per the recommendations of 6cpc.  NFU was not implemented in r/o Armed Forces Officers. Under NFU pay of all Group A Civilian Officers was equated to the pay of IAS Officers with a gap of two years.
NFU for civilian Officers has been implemented as under:

"If an IAS Officer of 1993 seniority is empanelled for the post of Joint Secy say in 2010, all other civilian  Officers of 1991 seniority will be placed in the pay scale of Joint Secy simultaneously (irrespective to their present posts). This is equally applicable to other junior and senior posts"  

According to above NFU policy, on implementation of NFU for Armed Forces Officers all Officers of 1991 will be placed in the pay scale of Major General (equivalent to Jt Secy) in 2010 irrespective to their ranks. Generally, an IAS officer is empanelled for the post of Jt secy in about 17 years. 
As per the judgment of AFT Delhi, NFU (as visualized by 6cpc and claimed by petitioners) is to be implemented in r/o all Armed Forces Officers (petitioners and non-petitioners) . However, arrears on a/c of NFU are to be restricted for a period of three years preceding the date of judgment. Since AFT Delhi judgment has been pronounced on 23 Dec 2016, financial benefits will accrue from 23 Dec 13.
In accordance with the above judgment, basic pay in r/o all armed forces officers will be re-fixed notionally right from January 2006 onwards. But arrears will be paid only from 23 December 2013 onwards. This arrangement will raise the pension of those Officers who have retired during 2013 (with arrears from 23 December 2013) thereby raising the average pension of 2013 retiree officers. 
Since OROP (effective from July 2014 in r/o all pre Jun 2014 retiree officers) is based on the average pension of 2013 retiree officers, pension under OROP  will also be raised. This will have consequent impact on 7cpc pension.
NFU under 7cpc has not yet been implemented. AFT Delhi judgment clearly stipulates that armed forces officers will be treated at par with other civilian officers with regard to implementation of NFU under 7cpc. 

Warm Regards,

Major S K Jain (retd)

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http://faujireporter.com/blogs/2019/03/17/threatening-calls-to-col-mukul-dev-punjab-police-comes-into-action/

Fauji Reporter

 Threatening Calls to Col Mukul Dev; Punjab Police Comes Into Action

March 17, 2019

Fauji Reporter

Punjab Police came into action, when Col Mukul Dev, who is leading petitioner in ongoing NFU for military case in honorable supreme court, received threatening calls from unknown number.

On receiving such calls at around 1130 am on 17 Mar 2019, Col Mukul Dev twitted from his handle:

"@Warrior_Mukul
5 hours ago
Threatening calls are being made to me from 'Unknown' number (as reflected on my mobile screen) asking me to not to follow what I am doing. Whosoever is making such calls, I challenge, if you have guts, come in open and have a face to face bout. Why hide?"

This tweet triggered a wave of anguish on social media, wherein many persons and military veterans came ion his support demanding immediate police action and protection to life of Col Mukul Dev. Capt Amrinder Singh, CM of Punjab was tagged in many tweets.

Please note that Col Mukul Dev is main petitioner in a case pending in Supreme Court against decision of Govt of India of not giving NFU to military personals, whereas same has been given to civil & CAPF officers. The case is first of its kind in India since independence, where serving officers have challenged decision of Govt of India in court alleging discrimination and neglect of military personals.

On matter being reported, Punjab Police is taking action and investigations are on to find out criminals behind such threatening calls.

Till the timing of writing this report, immediate outcome of investigations are not known which is likely to take some time. However military families are worried over safety of Col Mukul Dev and his family and are demanding proper protection. The matter has also been reported to army authorities.

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DO WATCH THE VIDEO BELOW

YOU WILL KNOW WHAT THE RM THINKS OF THE CASES BY MoD IN COURTS AGAINST FAUZIS
NOTICE THE ANGER IN HIS EXPRESSION ALSO.

आतंक के खिलाफ सेना को कार्रवाई की पूरी छूट:
Nirmala Sitharaman #AajTakSu...

https://www.youtube.com/watch?v=c2a_XuZzp9g&feature=youtu.be

  

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(UPDATED 07 FEB 2019   -    You can Share this POST -   https://goo.gl/ASQxMz}
         We at Signals Parivaar convey our best wishes to Col Mukul Dev and his colleagues for a positive Judgement on 19th (DATE OF HEARING CHANGED TO 26TH FEB 2019)  by honourable Supreme Court for Grant of NFU to Armed Forces.  As most of you are aware the NFU has finally been authorised to Central Armed Police Forces, ie BSF, CRPF, ITBP, CISF, RPF etc by the honourable SC by striking down pleas by the GOI citing Comd and Control upsetting etc etc,

   The detailed pleas/ arguments as we're put forth in it's appeal by the govt have been highlighted by Maj Navdeep Singh (Ref out post on our blog site on NFU) are no different than what MoD too have pleaed in their appeal against AFT judgement.

  Best wishes to our serving brothers in Armed Forces. They will be immediate gainers while the pensioners will get the benefit only on revision on OROP as of now.

       Long Live Indian Armed Forces and the True Fighters like , Maj Dandapalan, Col BK Sharma ,  Maj Gen Satbir Singh, Col Mukul Dev and their teams. Our prayers to the Lord Almighty.

MESSAGE FROM COL MUKUL DEV.   NFU ISSUE. 07 FEB 2019

Dear Sirs,

 I must clarify the posn hereitself. The Hon'ble Supreme Court has today upheld the judgement of Delhi High Court in which NFU was gtd to CAPF in 2015. It implies that the CAPF has been gtd NFU finally. There is now absolutely no scope left with the Govt to refuse NFU to CAPF. No rpt no further Appeal can now be filed in any Court of law, whatsoever, against this judgement of Hon'ble Supreme Court of today passed by a Division Bench presided over by Justice Nariman.

   Now coming to NFU Case of Armed Forces. It is now listed for 19th rpt 19th of Feb 19 and I hope that it would also be over on that day. I solicit the good wishes of all my Seniors like you all for our success.

Regards,

Col Mukul Dev

MAJ NAVDEEP SINGH WRITES TO EXPLAIN FURTHER:- FEB 19

Non-Functional Financial Upgradation and today’s decision of the Supreme Court on it: An explainer in layperson terms 
https://barandbench.com/non-functional-upgradation-capf-supreme-court-judgment/
Major Navdeep Singh

By now, many would be aware of the decision of the Supreme Court pronounced today wherein the much detailed and well reasoned decision of the Delhi High Court granting Non Functional Upgradation (Known as “NFFU”, or more popularly as “NFU”) to the Central Armed Police Forces (CAPFs) has been upheld.
So what is the NFU?
NFU was introduced on the recommendation of the 6th Central Pay Commission with effect from 01-01-2006 to offset the financial loss for lack of promotional avenues in various Government services. NFU implies that whenever an IAS officer gets empanelled at a particular appointment at the Centre, all other Group-A service officers are also upgraded to the same level after a period of two years from the date of empanelment, on a non-functional basis, irrespective of whether they are actually promoted or not. For example, if an officer of the IAS of 1989 batch is empanelled as an Additional Secretary to Govt of India, then all other Organised Group-A officers of the 1987 batch shall also be placed in the ‘Additional Secretary to Government of India’ pay grade (Higher Administrative Grade/HAG). As a result, almost all organised Group-A civil officers are retiring with the pay and pension of much higher grades than the functional grades actually held by them.

The controversy over non-grant of NFU to certain services
While NFU was initially only meant for ‘Organised Group A Services’, it was later extended to the All India Services (other than the IAS) also, that is, the Indian Police Service and the Indian Forest Service. However, certain cadres of officers which ironically faced the maximum stagnation, were left out- this included the commissioned ranks of defence services and the Group-A officers of the Central Armed Police Forces (CAPFs) such as the CRPF, BSF, ITBP etc. The stand of the Government was that these services were not exactly termed as ‘Organised Group A Services’ as per various Office Memoranda and they lacked the attributes of being ‘organised’ as per policies of the Department of Personnel & Training.

Decision of the Delhi High Court
Many officers of the CAPFs challenged the non-grant of NFU to them in the Delhi High Court. The Government opposed the relief again on the ground that though CAPFs were Group-A officers, they were not members of an ‘Organised Group -A Service’. A strange stand was also taken that grant of NFU would adversely affect the operations and functioning of CAPFs. This was incongruous to say the least, since NFU, on the contrary, would have contributed in increasing the motivation level of the women and men in uniform operating in difficult and trying circumstances. The reality was in fact the other way round since the functioning was rather affected because of non-grant of NFU since at various places, senior uniformed officers were getting a lower pay and lower grade of facilities than civilian officers of other Group-A services directly serving them as their juniors. NFU was also not bound to affect functioning in the manner projected by the establishment since by its very definition it was ‘Non-Functional’. This aspect was anyway commented upon by the High Court in the following terms:

“The Government’s contention that NFFU 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”

In a well reasoned and detailed decision, the High Court granted the relief to affected officers and directed the Government to grant NFU to them. In a very valid parting shot, the High Court also observed the under:
“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.”

 Challenge by the Union of India in the Supreme Court
Averring essentially the same grounds taken earlier, the Union of India challenged the verdict of the High Court before the Supreme Court. In between, in the year 2017, the Supreme Court by way of a detailed order had even asked the Central Government to attempt to resolve the issue but the contentions of the affected officers were not agreed upon by the establishment. A separate matter concerning the Railway Protection Force (RPF) was also tagged with the SLPs of other CAPFs. The Apex Court has pronounced its decision today and has upheld the decision of the High Court and has observed its ‘complete agreement’ with the High Court.
The Supreme Court has also made an observation on stagnation in the CAPFs by observing thus:
“In order to overcome the stagnation problems, the 6th Pay Commission recommended NFFU to all Group A Officers in various Organised Group A Services. The purpose of granting NFFU was to give relief to Group A Officers facing the problem of stagnation as fallback option when regular promotions do not come into various factors. It has come on record that CPMFs are facing huge problems of stagnation, more particularly, on one hand they are not being granted the promotions as most promotional posts are filled by deputation, and, on the other hand, they are denied NFFU.”
The Supreme Court has also dismissed a plea by the Indian Police Service Association filed against the High Court decision which was submitted on the pretext that the vacancies of the IPS officers on deputation with the CAPFs would be curtailed if the said forces are treated as organised services. Declining the applications filed by the IPS Association, the Court has observed that there is no effect of the High Court decision on the posts of the IPS (on deputation).
Who is affected?
Group-A officers of the Central Armed Police Forces (CAPFs) falling within the criterion for grant of NFU stand to gain from the decision, including those who were in service as on 01-01-2006 and retired thereafter. It shall also affect the pensionary benefits of those who have retired after the said date.
Closure of a long pending controversy 
The decision closes the chapter of the controversy on a positive note and it is hoped that the Government now rises to the occasion and also resolves this anomaly for other cadres which are pending before it or before various Courts and Tribunals. In fact, this exercise should have been initiated with full grace and humility after the High Court decision, rather than taking the matter into appeal.

Major Navdeep Singh is a practicing lawyer at the Punjab & Haryana High Court, the founding President of the Armed Forces Tribunal Bar Association at Chandigarh, and Member of the International Society for Military Law and the Law of War at Brussels.
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The next hearing is in April and is likely to be the last hearing on this case. let us wait for the judgment.
THE TRIBUNE CHANDIGARH
http://www.tribuneindia.com/news/nation/armed-forces-to-get-pay-parity-with-civil-services/341127.html

 Vijay Mohan, Tribune News Service

Chandigarh, December 23

The Principal Bench of the Armed Forces Tribunal (AFT) today allowed a bunch of petitions seeking grant of non-functional upgradation (NFU) to all armed forces officers on similar lines as it was implemented for civil services in connection with the Sixth Pay Commission.

(Follow The Tribune on Facebook; and Twitter @thetribunechd)
  

The AFT’s order marks a turning point in a long battle for parity that saw a lot of legal and bureaucratic wrangling. The NFU was among several issues involving benefits and status that the armed forces wanted to be addressed. Several issues are still to be resolved. Justice BP Katakey and Lt Gen Sanjiv Langer said the NFU for all officers of the three services would be applicable with effect from January 1, 2006, although the arrears would be restricted to three years from the date of the petition.

Disposing of the petitions filed by Col Mukul Dev from the Judge Advocate General’s Department and about 160 other officers, the Bench also directed that in case the government decided to include NFU for civilians under the Seventh Pay Commission, the same would also be extended to armed forces officers. The Bench also rejected the Union of India’s prayer for leave to appeal to challenge the order in the Supreme Court.

The NFU scheme, implemented by the UPA government in 2008, entitled IAS officers and other Group-A officers to get pay scale of the highest promoted officer of their batch even if they were not promoted. The affected non-promoted officers are given the higher grade two years after their batchmates are elevated.

Unlike civil services that have a cylindrical hierarchy, the armed forces have a pyramid structure and many officers do not make it to the next selection-based rank, making the issue of stagnation much more severe in the forces.

On implementation, the NFU was not extended to the armed forces and a few other organisations. The central armed police forces also got NFU after intervention by the Delhi High Court.

“The judgment implies that officers of the armed forces, whose status had been downgraded as their civilian counterpart started drawing higher salary and grade pay, will now be restored,” Col Rajiv Manglik, the petitioner’s counsel said. “Besides averring that the denial of NFU was unconstitutional and a violation of the principle of equality, we had contended that the armed forces fulfilled all six parameters laid out by the government to categorise Group-A services.” There are several civilian cadres that do not meet all parameters but have still been classified as Group-A services

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