SANDEEP SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking direction to the respondents to grant upgraded pay scale of ?5000-8000/- for the purpose of pay fixation w.e.f 1/1/1996 and its corresponding revised pay scale of ?9300-34800/- with Grade Pay of ?4200/- w.e.f 1/1/2006 to the post of Draughtsman Grade-II (Civil).

(2.) The respondent in 2010 advertized different posts including post of Draughtsman Grade-II (Civil). The essential qualification prescribed for the post of Draughtsman Grade-II (Civil) was as below:-

(3.) The petitioners were possessing 3 years Diploma in Architecture and they participated in the selection process. They came to be selected in 2011 and accordingly joined service. The Central Government has accepted recommendation of 6thPay Commission and implemented it w.e.f. 1/1/2006. In the recommendations of Pay Commission, in Para No.7/39/22, it has been enjoined that posts of Overseer (Civil), Border Roads Organization, for which minimum qualification for direct recruitment is Diploma in Engineering, be merged with Superintendent BR Grade-II and be placed in the upgraded pay scale. The pay scale for the post of Overseer (Civil) as on 1/1/1986 was ?975-1540/- and on 1/1/1996 was ?3200- 4900/-. The pay scale of Superintendent BR Grade-II was ?1400-2300/- w.e.f. 1/1/1986 and w.e.f. 1/1/1996 it was ?4500-7000/-. Both the posts were proposed to be merged and placed in upgraded pay scale of ?5000-8000/-. In the said paragraph, it was further provided that posts similarly placed and carrying minimum Diploma in Engineering should also be extended said pay scale. Para 7/39/22 of the recommendations reads as under:-