UNION OF INDIA Vs. RAJESH KHARE

JUDGEMENT

(1.) Heard Mr. D. Barua, learned Central Govt. Counsel, for the petitioners, and Ms. U. Dutta, learned counsel, for the respondent.

(2.) The respondent-applicant was initially appointed as an Assistant Executive Engineer (Civil), on 21.03.1991, in Central Public Works Department, Govt. of India. The respondentapplicant was promoted to the grade of Executive Engineer, with effect from 05.06.1995, on pay scale of Rs.10,000/- to 15,200/-. The promotional post for an Executive Engineer is the post of Superintending Engineer. In terms, however, of Office Memorandum, dated 06.06.2000, issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training, a person, on completion of five years of service in the grade of Executive Engineer, is entitled to upgradation in the scale of pay, the upgraded scale of pay being Rs.12,000/- to Rs.16,500/-. This upgradation, in the scale of pay, is known as Junior Administrative Grade (in short, JAG), which is, strictly speaking, a non-functional grade inasmuch as Executive Engineer remains, notwithstanding the upgradation of the pay scale of JAG, an Executive Engineer.

(3.) The respondent-applicant's case has been that he had completed his five years of service, in the grade of Executive Engineer, in the pay scale of Rs.10,000/- to Rs.15,200/-, on 05.06.2000 and became eligible to receive the pay scale of JAG on 05.06.2000 itself. The respondent-applicant's grievance has been that despite the fact that he had completed five years of service in the grade of Executive Engineer, he was not granted the benefit of upgradation in the pay-scale mentioned hereinbefore, though the present petitioners, vide office order, dated 07.09.2005, granted, non-functional JAG in the pay scale of Rs.12,000/- to Rs.16,500/-, to as many as 134 Executive Engineer (Civil) and the said 134 Executive Engineer (Civil) included some persons, who were junior to the respondent-applicant herein.