SOURCE : http://indianexpress.com/article/india/india-others/armed-forces-tribunal-issues-notice-to-mod-mof-on-petition-seeking-pay-parity-with-civil-services/
Armed Forces Tribunal
Issues
Notice to MoD, MoF on Petition seeking
Pay Parity
with Civil Services
By
Man Aman Singh Chhina
It has been contended that the armed
forces officers cadre meets all the
attributes attached to the Group ‘A’
organised service.
Oct 13, 2015
The Principal Bench of the Armed Forces Tribunal in
New Delhi today issued notice to the Ministry of Defence
and Ministry of Finance on a petition filed by a serving
Colonel who has demanded that the Non-Functional
Upgrade (NFU) applicable to IAS officers and other
Group ‘A’ services be extended to armed forces as well.
In his petition, Col Mukul Dev, of the Army’s Judge
Advocate General’s Branch, has contended that the
morale officers of the armed forces has been lowered by
the government by non-grant of the NFU and thus
lowering the established status of the armed forces
officers since independence. He has also argued that
the stagnation in the armed forces is more acute than
the civil services and that the denial is in clear violation
of Article 14 and 16 of the Constitution “as the equals
since independence have been made unequals”.
Arguing the petition before the Principal Bench, Jyoti
Singh, Senior Counsel, and Colonel Rajiv Manglik (retd),
advocates for the petitioner said that the purpose of
grant of NFU is not to equate the monetary benefits or
earnings enjoyed by a particular service but it is granted
with the aim to remove the stagnation due to the acute
shortage of vacancies and grant parity of promotional
avenues within the IAS with stipulated lead of two years
to the IAS.
The petitioner has argued that the parity established
since independence and upheld by the pay
commissions in succession between the armed forces
and the All India Services/ Group ‘A’ services and IPS in
particular has been disturbed and the petitioner has
been deprived of the benefits extended to his counter
parts in parity in the civil services.
It has been contended that the armed forces officers
cadre meets all the attributes attached to the Group ‘A’
organised service. The petition says that the NFU has
been denied on the pretext that Military Service Pay
(MSP) has been given to armed forces officers. Citing
this as a “gross mis-concept” the petition says that the
grant of NFU is to alleviate the acute stagnation in
service whereas the MSP and other allowances is due to
the postings at various difficult terrain and living
conditions. It has also been pointed out that thereare a
number of Group ’A services, who do not meet all the
criteria for Group ‘A’ services yet they have been given
deviation from the norms and awarded NFU. The
services mentioned are Indian Legal Service and Indian
Trade Service, Indian Statistical service, Indian
Economic service and Central Information service.
What is NFU?
Non Functional Upgrade (NFU) entitles an
IAS officer and other Group ‘A’ services officers of the
civil services to get the pay scale of the highest
promoted officer of their batch even if he or she is not
promoted to the same rank. This higher grade is given
two years after the batchmate achives the promotion.
The aim of giving NFU is to alleviate the stagnation in
the service due to non-promotion. Due to the steep
pyramid of promotion in armed forces hierarchy, a large
number of officers do not make it to the next selection
rank. However, NFU has not been made applicable to
armed forces. The Delhi High Court in its recent
judgement has held that NFU is also applicable to
officers of the central paramilitary forces.
Armed Forces Tribunal
Issues
Notice to MoD, MoF on Petition seeking
Pay Parity
with Civil Services
By
Man Aman Singh Chhina
It has been contended that the armed
forces officers cadre meets all the
attributes attached to the Group ‘A’
organised service.
Oct 13, 2015
The Principal Bench of the Armed Forces Tribunal in
New Delhi today issued notice to the Ministry of Defence
and Ministry of Finance on a petition filed by a serving
Colonel who has demanded that the Non-Functional
Upgrade (NFU) applicable to IAS officers and other
Group ‘A’ services be extended to armed forces as well.
In his petition, Col Mukul Dev, of the Army’s Judge
Advocate General’s Branch, has contended that the
morale officers of the armed forces has been lowered by
the government by non-grant of the NFU and thus
lowering the established status of the armed forces
officers since independence. He has also argued that
the stagnation in the armed forces is more acute than
the civil services and that the denial is in clear violation
of Article 14 and 16 of the Constitution “as the equals
since independence have been made unequals”.
Arguing the petition before the Principal Bench, Jyoti
Singh, Senior Counsel, and Colonel Rajiv Manglik (retd),
advocates for the petitioner said that the purpose of
grant of NFU is not to equate the monetary benefits or
earnings enjoyed by a particular service but it is granted
with the aim to remove the stagnation due to the acute
shortage of vacancies and grant parity of promotional
avenues within the IAS with stipulated lead of two years
to the IAS.
The petitioner has argued that the parity established
since independence and upheld by the pay
commissions in succession between the armed forces
and the All India Services/ Group ‘A’ services and IPS in
particular has been disturbed and the petitioner has
been deprived of the benefits extended to his counter
parts in parity in the civil services.
It has been contended that the armed forces officers
cadre meets all the attributes attached to the Group ‘A’
organised service. The petition says that the NFU has
been denied on the pretext that Military Service Pay
(MSP) has been given to armed forces officers. Citing
this as a “gross mis-concept” the petition says that the
grant of NFU is to alleviate the acute stagnation in
service whereas the MSP and other allowances is due to
the postings at various difficult terrain and living
conditions. It has also been pointed out that thereare a
number of Group ’A services, who do not meet all the
criteria for Group ‘A’ services yet they have been given
deviation from the norms and awarded NFU. The
services mentioned are Indian Legal Service and Indian
Trade Service, Indian Statistical service, Indian
Economic service and Central Information service.
What is NFU?
Non Functional Upgrade (NFU) entitles an
IAS officer and other Group ‘A’ services officers of the
civil services to get the pay scale of the highest
promoted officer of their batch even if he or she is not
promoted to the same rank. This higher grade is given
two years after the batchmate achives the promotion.
The aim of giving NFU is to alleviate the stagnation in
the service due to non-promotion. Due to the steep
pyramid of promotion in armed forces hierarchy, a large
number of officers do not make it to the next selection
rank. However, NFU has not been made applicable to
armed forces. The Delhi High Court in its recent
judgement has held that NFU is also applicable to
officers of the central paramilitary forces.
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