V J MOHAN RAO Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner joined Border Road Development Board (BRDB for short) on21.4.1969, now a department under the Ministry of Surface & Transport, as AssistantExecutive Engineer in the General Engineering Reserve Force (GERF for short).He was promoted to the post of Executive Engineer on 4.7.1983. Central Pay Commission had recommended periodical cadre review of various staff cadres atan interval of 5 years with a view to ensuring reasonable career progression to theemployees and at the same time ensure operational efficiency through comprehensivemanpower planning. On this basis Border Road Organisations conducted cadrereview in Civil Engineering cadre in the GERF on 21.5.1987 and orders wereissued for revising the cadre strength vide office order dated 24.5.1987 which wereimplemented by the Government granting promotion to the various concernedofficers. However no electrical andmechanical cadre of GERF to which cadre petitioner belongs with the result thatpetitioner stagnated in the post of Executive Engineer for 12 long years andtherefore he made representation dated 19.1.1995 requesting for cadre reviewand consequential measures. Vide letter dated 3.4.1995, respondent No.4 howeverassessed the staff requirements in the Electrical & Mechanical Cadre with referenceto the operational requirements taking into account the mechanisation of the separateservices for construction of roads on the international border and recommendedsanction of additional posts in various cadres including the cadre of SuperintendingEngineer and Chief Engineer to which the petitioner was inspiring for promotion.No action had however been taken on this recommendation. In the course of theproceedings in the High Court of Gauhati CWP No.3210/91, respondent No-4filed an affidavit to the effect that the question of conducting cadre review ofElectrical & Mechanical engineering cadres in the GERF was under consideration ofthe Government. But hower no follow up action was forthcoming. The petitionersubmitted another representation on 29.5.1995 for conducting cadre review of theE&M Cadre and granting him promotion against the additional posts. He pleadedthat the matter should be treated as urgent in view of the fact that he was due toattain the age of superannuation on 28.2.1999. There was no response to thisrepresentation. Still when no action was taken by the respondents and cadre reviewwas not undertaken, petitioner filed this petition in March 1998 wherein he prayed forthe following reliefs:

(2.) It may be stated that during the pendency of this writ petition, Government issued an order bearing No.FBRDB/02/02/88-GE.I Vol. IV dated 15.7.1999 approving restructuring of Border Roads Engineering Service (Electrical & Mechanical) bycreation/upgradation/abolition of Group 'A' posts in various grades. However, ithas been stated in para 3 of the said order, "The creation, upgradation and abolition of posts in terms of the revisedcadre structure would take prospective effect.cts of CWP No.1 112/98 above andpetitioner has also stated the identical facts and has pleaded that since cadre revievwas not undertaken inspite of repeated demands, he filed the present writ petitionon 31.8.1998 making same prayers as are made by the petitioner in CWFNo. 1112/98.

(3.) In support of their claim for giving retrospective effect to the decision, the petitioners have made the following submissions: