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