Non functional upgradation on notional fixation- Central Govt
I joined Geological Survey of India on 13.06.1994 to the post of Assistant Geologist (Group B- Gazetted). I was not granted promotion to the post of Geologist (Group A-Gazetted) till 22/03/2002. I appealed to Hon’ble CAT Lucknow Bench against the delay in holding DPC despite the availability of vacancies. The Direct Recruitment candidates were given the appointment despite ratio of 50:50.
Reference to Hon’ble CAT, Lucknow Bench vide Judgement order dated 13.02.2014 in OA 221/2006, the respondents (MoM/ DG, GSI) have been directed to grant notional promotion to the applicant and also to refix the impugned seniority list and grant all consequential benefits.
In compliance of the above Judgement and granting all consequential benefits a series of Review DPC were convened and notifications were published giving notional promotion to the grade of : Geologist wef 13.02.1998, Senior Geologist (STS) wef 06.08.2007 and to the post of Supterintending Geologist (JAG) wef 29.08.2013(AN).
In the Notification on fixation of Superintending Geologist, it is clearly stated “Their Seniority in the grade of Superintending Geologist stands restored on above their junior officer in the col.3” and Shri K.K. Behera has been indicated in col.3 of the notification as the respective junior officer.
As per OO No. /A-19011/NFU/2014-15 to 2017-1g/19A dated 21/07/17, NFU has been granted to the ‘Batch’ where my seniority has been fixed. Shri K.K. Behera, Suptdg Geologist who has been declared as Junior Officer has been granted the benefit of NFU wef 01/07/2015.
I have appealed to the authorities and they have replied that “ Granting of NFU is personal to the officer and is not comparable.”
I want to approach CAT for Contempt of Court as the Judgement order dated 13.02.2014 in OA 221/2006 has been violated.
Kindly advise on my eligibility for grant of Non-Functional Upgradation wef 01/07/2015 and the validity of the case for contempt