DRUPAD JANARDAN WATOLE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners were initially appointed to the post of Survey Draftsman in the year 1987 to 1996 and with effect from July 6 th 1996 were merged with overseer being same nature of duty and pay scale with the Border Road Organization. This petition has been filed by the petitioners praying to pay salary in the same pay scale/pay band 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.) LEARNED counsel for the respondents has placed before us a copy of the letter No.17303/DGBR/Non-Diploma/213/LC-DLI dated 23rd July, 2013 conveying the decision of Ministry of Finance (Department of Expenditure) Government of India implementing the above orders. The relevant extract of the letter reads as follows:-