the Rules. Consequently, the petitioner, was transferred to the Law Branch, BSF Headquarters, Delhi w.e.f. 11.05.2017, where he continued to serve till 31.08.2021 before being transferred to Shillong. 5. While the petitioner was serving at the Law Branch in Delhi, the Ministry of Personnel Public Grievances and Pensions, on 12.07.2019, issued an OM extending the benefits of NFFU to the Group “A” Executive Officers of the CAPF w.e.f. 01.01.2006. This benefit was to be extended in accordance with the conditions laid down in the OM dated 24.04.2009 issued by the Department of Personnel and Training (DoPT) as per which whenever an IAS officer of State or Joint Cadre was posted at the Centre to a particular grade carrying a specific Grade Pay in PB-3 & PB-4, officers belonging to batches of Organized Group “A” Services who were two years senior or more and had not been promoted to the higher grade, would be granted the same grade on nonfunctional basis (NFFU) from the date of posting of the IAS officer in that particular grade at the Centre. 6. However, since as per OM dated 24.04.2009, the benefit of NFFU was available only to those officers who were found to be eligible for promotion but had not been granted promotion for want of vacancies in the promotional cadre, the petitioner, like all other Group “A” CAPF officers was required to fulfill the requirements of the Rules. As per these Rules, for promotion from Deputy Commandant to Second-in-Command (JAG level), an officer was required to be in Medical Category Shape-I and completed 10 years’ service as a Group “A” officer, besides qualifying the pre-promotional course as prescribed by the Director General (DG) of BSF. Further, he was also required to
