P.V.GANGADHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners were initially appointed to the post of Electrician or Vehicle Mechanic, Welder, Turner of overseer in accordance with the Recruitment Rules from 1975 to 1998 and thereafter were promoted to the post of Ch/Mechnic, Ch/Electric, Em-II and Superintendent with the Border Road Organization. This petition has been filed by the petitioners praying to pay salary in the same pay scale with grade pay as was paid to Ghan Shyam Vishwakarma pursuant to the decision passed by the Gauhati High Court (Aizawl Bench) in W.P.(C)No.51/2009.

(2.) The Border Roads Organization implemented the recommendations of the 5th Central Pay Commission with effect from January 1, 1996 and started paying a higher salary to Overseers and Superintendents BR Grade-II who were direct recruits and possessed either a diploma or a degree in the applicable field i.e. Electrical or Mechanical; depending upon the stream. This was denied to promotee Officers who joined as Masons, Carpenters etc. and earned promotion. The reason for denying the parity in pay-scale was by drawing a distinction between Officers holding a diploma or a degree and those not holding a diploma or a degree. This action was held to be discriminatory and was quashed. Mandamus was issued that same scale of pay benefit, as recommended by the Pay Commissions, be accorded to for the reason the Pay Commissions did not draw any such distinction while making their recommendations.

(3.) The decision of the Aizawl Bench of the Gauhati High Court was unsuccessfully challenged before the Supreme Court. Qua Ghan Shyam Vishwakarma, the same has been implemented as also qua many more who filed similar petitions.