Merits-based adjudication required for Group-B upgradation claims; dismissal without examining entitlement was quashed and remitted.

The Tribunal's dismissal of an OA seeking extension of the Non-Functional Financial Upgradation Scheme to Group-B officers was unsustainable because the claim was not examined on merits. A tribunal must consider the contentions raised, adjudicate the entitlement claimed, and record a finding one way or the other rather than refusing relief on the broad view that further extension lay within Government policy. The impugned order was quashed and the OA remitted for fresh decision after hearing all concerned.

---

---

Issues: Whether the order of the Tribunal dismissing the OA seeking extension of the Non-Functional Financial Upgradation Scheme to Group-B officers could be sustained when the prayer had not been examined on merits.

Analysis: The Tribunal rejected the OA on the narrow view that the Scheme had been extended only to Group-A officers and that any further extension lay within the Government's domain. The order did not reflect consideration of the contentions raised in the OA or an adjudication of the entitlement claimed by the petitioners. The Tribunal was required to examine the prayer on merits and record a finding one way or the other.

Conclusion: The impugned order could not be sustained and was quashed. The OA was remitted to the Tribunal for fresh decision in accordance with law after hearing all concerned.

---