RAMESHCHANDRA PRABHUDAS PATEL Vs. UOI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) IT is not in dispute that on the subject of pay fixation with effect from 01.01.1996 and its consequential impact with effect from 01.01.2006, issue pertaining to Overseers and Superintendent Gr.II in BRO stands conclusively adjudicated by a decision dated September 10, 2010 passed by a learned Single Judge of the Gauhati High Court allowing WP(C) No.51/2009 Ghan Shyam Vishwakarma Vs. The Director General, BRO & Ors. which decision was upheld by a Division Bench of the Gauhati High Court as per its decision dated March, 18, 2011. The Supreme Court has refused to grant special leave to appeal.

(3.) THE respondents were placing those possessing diploma/degree in a higher scale of pay and needless to state they were direct recruits. Promotee officers who had joined in the lower rungs and did not possess the diploma/degree were placed in a lower pay-scale. This was found to be illegal. Mandamus issued was that all officers would be placed in the pay-scale in which the respondents were placing officers possessing diploma/degree.