Sanjeev Narula, J.

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:

"2. Since the indvl acquired essential qualifications, you are therefore requested to take up a case with appropriate authority for merger of Ch Mech into JE (E & M) to avoid legal complications at a later stage."

4. The Competent Authority however declined his request vide letter dated 6 th September 2013 holding as under :

"2. The application dated 07 Aug 2013 in respect of GS188562M Ch/Mech Balbir Singh is returned herewith unactioned with following remarks:-

(a) As per existing rules the Diploma Holder (Mechanical/Electrical Engineering) Supdt E&M-II, Charge Mechanic and Charge Electrician were merged and re-designated as JE(E&M). Ch/Mech Balbir Singh is not a Diploma Holder. The equivalency of Class-I Course as per DSR is only an optional qualification for appointment to the post of Charge Mechanic as given in BRO Advt. No.01/2007, which cannot be treated as equivalent to Diploma, as there is no such provision exists in relevant rules.

(b) Moreover, as per revised Recruitment &Promotion Rule, the qualification required for promotion to JE(E&M) is given as 'five years regular service in respective grades possessing the educational qualification and experience as prescribed for directed recruits" i.e., three years Diploma in Engineering (Electrical or Mechanical) from recognised University or Institute. "

5. Petitioner has filed the present petition aggrieved by the aforesaid decision as conveyed to him vide letter dated 13th September 2013.

6. The Court has heard the learned counsel for the parties at length. At the outset, the counsel for the Respondents urged that the issue raised in the present petition is pending consideration before the Hon'ble Supreme Court in S.L.P. (C) No. 4315/2015 titled as Union of India v. Ghanshyam Vishwakarma.

7. In fact, taking note of the aforesaid contention, this Court vide order dated 14th January 2016 had adjourned the hearing, awaiting the decision of the Supreme Court in the said matter. However, today the Learned counsel for the Petitioner raised an objection and submitted that the pending Appeal does not come in the way of the Petitioner seeking the relief as sought in the present petition.

8. Therefore, at the first instance, we proceed to examine the applicability of the decision rendered by the Coordinate Bench of this Court dated 2nd September 2014 in W.P.(C) 3047/2013 (Ghanshyam Vishwakarma v