BALBIR SINGH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The Petitioner who joined General Reserve Engineering Force (GREF), BRO as Charge Mechanic [merged/re-designated as Junior Engineer (Electrical & Mechanical) - JE (E&M)] by way of the present petition under Article 226 of the Constitution of India seeks benefits (Grade, Badge, Rank & Seniority etc.) attached with the said post of JE (E & M) at par with his counterparts who are diploma holders.

(2.) The relevant facts that are necessary to be noted for the disposal of the present petition are as follows. The Petitioner retired from Indian Army and applied for appointment for the post of Charge Mechanic in the category of "ex-servicemen" in GREF, BRO pursuant to the Advertisement No. 01/2007 issued by the Ministry of Shipping, Road Transport and Highways, BRO, Government of India. He was selected and was appointed on the said post w.e.f. 5th April 2008.

(3.) Pursuant to the recommendations made by 6th CPC, the Respondent vide letter dated 13th May 2010, merged the post of Superintendent E&M-I, Superintendent E&M-II, Charge Mechanic and Charge Electrician. The merged grade was designated as JE (E & M). However, the Petitioner was denied rank and grade of JE (E&M) on the ground that he was not a diploma holder. Aggrieved with the discriminatory action he made a representation dated 7th August 2013 and stated that he fulfills the essential qualifications for being appointed as a Charge Mechanic and should be treated at par with diploma holders. His request was considered by the Commanding Officer who gave his recommendation in favour of the Petitioner inter-alia observing as under: