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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Sunil Kumar Rai – Appellant
Versus
Union of India – Respondent
JUDGMENT
Suresh Kumar Kait, J. The petitioners, who are Engineers working in the Border Roads Organization (`BRO') are aggrieved by non grant of Non Functional Upgradation Scale, by the respondents.
2. The petitioners claim to have joined the services of BRO in the Subordinate Engineer Cadre as Overseers, Charge Mechanics and Superintendents and subsequent to the recommendations of the Fifth Pay Commission, the said posts were merged and re-designated as Junior Engineer. As per the recommendations of the Sixth Pay Commission, the Junior Engineers were placed in Pay Band-2 with Grade Pay of Rs.4,200/- and as per the Modified Assured Career Progression Scheme (`MACP') the next Grade Pay of Rs.4,600/-; Rs.4,800/- and Rs.5,400/- was payable upon completion of 10, 20 and 30 years of service respectively. Further, vide Seventh Pay Commission it was recommended that 80% employees at Level 8 Grade Pay shall be granted Non-Functional Upgradation to Level 9 (Grade Pay of Rs.5,400/-) upon completion of four years service on seniority-cum-suitability basis.
3. The contention of petitioners is that the aforesaid recommendations of the Seventh Pay Commission were adopted by BRO vide letter date
The main legal point established in the judgment is that employees who have completed four years of service in a specific grade pay are entitled to the Non Functional Upgradation Scale recommended by....
Completion of four years in Grade Pay of Rs. 4,800/- entitles Junior Engineers to Non-Functional Upgradation to Level 9, contrary to the Respondents' denial based on entry-level Grade Pay criteria.
The Court affirmed that entitlement for Non-Functional Upgradation after four years of service is independent of initial grade pay, emphasizing equity in pay scales among similar job roles.
Group B postal employees entitled to non-functional Grade Pay Rs. 5400/- after 4 years in Rs. 4800/- per 6th CPC Resolution, uniformly applicable.
Group B postal employees entitled to non-functional Grade Pay Rs.5400/- after 4 years regular service in Rs.4800/- under CCS(RP) Rules 2008, irrespective of grant via promotion or MACP; executive ins....
Group B Postal officers entitled to non-functional grade pay Rs.5400/- in PB-2 after 4 years in Rs.4800/- per 6th CPC Resolution 29.08.2008 para x(e), irrespective of MACP origin or cadre apex claims....
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