SUNIL MISHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. I.H. Saikia, learned counsel for the petitioners and Mr. S.C. Keyal, learned Assistant Solicitor General of India, appearing for respondent Nos.1-6. Also heard Mr. S. Saikia, learned counsel appearing for respondent No.7.

(2.) The petitioners, 63 in numbers, have approached this Court by this writ petition under Article 226 of the Constitution of India seeking the following reliefs:-

(3.) The case projected by the petitioners is that they are members of the General Reserve Engineering Force (GREF), a construction force structured on the Army pattern under the Ministry of Road Transport and Highways (MoRTH) and Border Roads Development Board (BRDB) is the Administrative Wing for the GREF. The GREF has two cadres - (i) Civil Engineering cadre and (ii) Electrical & Mechanical Engineering cadre. The petitioners are the 3-years full time Diploma holders in various branches in engineering and they are presently serving as Junior Engineers (JE), Assistant Engineers (AE) and Assistant Executive Engineers (AEE) in the GREF. It is stated that recruitment and conditions of service of the employees under the GREF are governed by a set of rules, "the General Reserve Engineering Force Group 'C' and Group 'D' Recruitment Rules, 1982" (1982 Rules, for short). The said 1982 Rules were in force when the petitioners had joined the service during 30.06.1982 - 19.05.1996. On 20.05.1996, the 1982 Rules were amended by "the General Reserve Engineering Force Group 'C' and Group 'D' Recruitment (Amendment) Rules, 1996" (1996 Rules, in short). The further contention of the petitioners is that they joined initially in the post of Overseer, Surveyor, Draughtsmen, etc. The petitioners have contended that by virtue of the amendments brought in the year 1996 by the 1996 Rules, the employees in the GREF having Diploma in Engineering from the College of Military Engineering were made eligible to the post of Superintendent as well as Overseer in the service. Further case of the petitioners is that prior to 1996, the employees in the GREF holding Diploma from the College of Medical Engineering were not eligible for promotion to the post of either Overseer or Superintendent.