UNION OF INDIA Vs. SUNIL KUMAR RAI

JUDGEMENT

(1.) Leave granted.

(2.) The subject matter of the Civil Appeal centres around Para 7/4/13 (iv) (b) of the Seventh Central Pay Commission, and the letter dtd. 19/2/2021 issued by the Border Road Organization (For short "BRO"), rejecting the claim for extension of Non-Functional Upgradation (For short "NFU") to Level 9. The excerpts of the above are noted hereunder:

(3.) The Civil Appeal arises from the Order dtd. 14/3/2023 in Writ Petition (Civil) No. 5518 of 2021 of the High Court of Delhi at New Delhi. The parties are referred to as arrayed in the Writ Petition. The Junior Engineers filed Writ Petition No. 5518 of 2021 to enforce their claim for NFU pay at Level 9 (Grade Pay of Rs.5,400.00). The Writ Petitioners were appointed in the BRO in the Subordinate Engineer Cadre as Overseers, Charge Mechanics and Superintendents. In terms of the Fifth Central Pay Commission recommendations, the posts were merged and redesignated as Junior Engineer(s). As per the recommendations of the Sixth Central Pay Commission, the post of Junior Engineer was placed at Pay Band-2 with a Grade Pay of Rs.4,200.00. As per the Modified Assured Career Progression Scheme (For short "MACP"), the next Grade Pay was stipulated at Rs.4,600.00, Rs.4,800.00, and Rs.5,400.00, consequent to the completion of 10, 20, and 30 years of service, respectively. The Writ Petitioners averred that, as per Para 7/4/13 (iv) (b) of the Seventh Central Pay Commission recommendation, 80 per cent of employees at Level 8 would be granted NFU to Level 9 (Grade Pay of Rs.5,400.00) upon completion of four years of service at Level 8, on seniority-cum-suitability basis. The Respondents, through a letter dtd. 19/2/2021, rejected the claim for granting the benefit of NFU to Level 9 (Grade Pay of Rs.5,400.00) to the Writ Petitioners/Junior Engineer(s).