BISHAN SINGH PINGAL Vs. UNION OF INDIA

JUDGEMENT

(1.) 14 numbers of petitioners have joined together in this petition filed under Article 226 of the Constitution of India with the primary grievance of implementation of the 5th CPC recommendation of the year 1996 which was also endorsed by the Department of Personnel and Training vide OM dtd. 25/5/1998.

(2.) The facts projected are that the petitioners are Junior Engineers in the Border Roads Organizations (BRO). Initially, there were 3 different posts namely, Overseer, Superintendent Gr-II and Superintendent Gr-III meant for diploma holders. However, by the 5th CPC recommendation of the year 1996, the aforesaid three posts were merged into one cadre of Junior Engineer. The Commission further recommended for Cadre Review so as to brighten the chance of promotion of Junior Engineers to the next higher post of Assistant Engineer. It is the case of the petitioners that while for other similarly placed organizations, the Rules were amended, no such amendments were brought in for the Rules governing the BRO Personnel.

(3.) I have heard Shri I. H. Saikia, learned counsel for the petitioners whereas the respondents are represented by Shri B. Chakravarty, the learned CGC.