T. Nandakumar Singh, J.

1. By this writ petition, the Petitioner, who is a regular Overseer, is praying for a direction to the Respondents to revise his pay scale at Rs. 5,000-8,000 w.e.f. 1.1.1996 which is the revised pay scale for the post of Overseer as recommended by the 6th Central Pay Commission and accepted by the Government, i.e., the Government of India.

2. Heard Mr. A.R. Malhotra, learned Counsel for the Petitioner and Mr. S.N. Meitei, learned Counsel for the Respondents.

The factual background

3. The Petitioner was initially appointed to the post of Mason on 16.4.1985 after being selected in the selection test held in accordance with the relevant Recruitment Rules; the next promotional post of Mason is Overseer. As per the General Reserve Engineer Force (GREF) Groups 'C' and 'D' Recruitment Rules, 1982 the post of Overseer is to be filled up 10% by direct recruitment and balance 90% by promotion from different posts including Mason, who are matriculate with three years regular service in the grade in GREF subject to passing of trade test.

4. After joining the post of mason, the Petitioner while in service with the permission of the Respondents had passed his matriculation examination is well as Higher Secondary School Leaving Certificate Examination under the Uttar Pradesh Education Board. The Petitioner is a permanent resident of Village Durawadharampur, P.O. Mondh, District, Sant Ravidasnagar Bhadohi, Uttar Pradesh.

5. The Petitioner, after completing three years regular service, passed the trade test and promoted to the post of Overseer on 15.6.1990 on being selected by the DPC and since then he has been serving as regular Overseer. In the year 1996, the said GREF Groups 'C' and 'D' Recruitment Rules, 1982 was partly amended under which methods of recruitment are 80% by direct recruitment and 20% by promotion; and essential technical qualification for direct recruitment to the post of Overseer is Diploma in Engineering. Out of 20% promotion quota, 50% of the vacancy is reserved for promotion to be filled up by promotion from amongst other Mason and Carpenters who have completed three years regular service and matriculate subject to passing of trade test. The said Recruitment Rules, 1996 is still in force and Petitioner is eligible under the said Recruitment Rules of 1996 for appointment by promotion to the post of Overseer inasmuch as he is matriculate and already passed trade test and completed qualifying service for promotion to the post of Overseer.

As stated above, the Petitioner had already been promoted to the post of Overseer as early as 15.6.1990, i.e., long before the enforcement of the said Recruitment Rules of 1996.

6. The relevant portion of the said 6th Central Pay Commission, i.e., para 7.39.22 is quoted hereunder:

Border Roads Organisation

Overseer (Civil)

7.39.22 Higher, pay scale been has demanded for the post of Overseer (Civil) in Border Roads Organisation on that ground that the minimum qualification for the post is Diploma in Engineering. The post carries minimum direct recruitment qualification of Diploma in Engineering. These minimum qualifications had been prescribed in 1996. Fifth Code of Civil Procedure, in their Report Submitted in 1997, had recommended the scale of Rs. 5,000-8,000 for all post carrying minimum direct recruitment qualifications of Diploma in Engineering. This recommendation was accepted. The post should consequently have been extended the scale of Rs. 5,000-8,000 w.e.f. 1.1.1996. This was, however, not done. The Commission, accordingly, recommends that the post of Overseer may be upgraded and merged with their promotional post of Superintendent BR Grade II (present scale Rs. 4,500-8,000. Since the Commission has recommended merger of the scales of Rs. 5,000-8,000, Rs. 5,500-9,000 and Rs. 6,500-10,500, the post will be placed in the revised Pay Band PB-2 of Rs. 8,700-34,800 along with a grade pay of Rs. 4,200. Commission also advises the Government to implement this retrosp