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2021 Supreme(Gau) 367

SUDHANSHU DHULIA, SOUMITRA SAIKIA
Union of India, Rep. by the Secretary, Ministry of Defence, New Delhi – Appellant
Versus
C. Chandra Kumar S/o Late C. Chellathurai – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. S.C. Keyal, Mr. R.K.D. Choudhury.
For the Respondent: Mr. I.H. Saikia.

JUDGMENT :

SOUMITRA SAIKIA, J.

1. This Writ Appeal is preferred by the appellants-BRO against the Judgment and Order dated 18.02.2020 passed in W.P. (C) No. 1537/2015 by the learned Single Judge.

2. The case in brief is that the respondent as the petitioner before the learned Single Judge is a Diploma holder in Engineering and had joined the appellant’s organization on 19.06.1990 as an “Overseer.” Subsequently, he was re-appointed as Superintendent B/R-II after due selection on 20.08.1994. The 5th CPC revised pay scales had recommended the pay scale by Rs. 5,000/- to Rs. 8,000/- for all posts carrying minimum direct recruitment qualification of Diploma in Engineering. The said recommendation of the 5th CPC for revision of pay came into effect from 01.01.1996 and the same was accepted by the Government. Although, the post of Overseer (Civil) was the feeder post for promotion to the higher post of Superintendent Grade-II, the next pay commission i.e. the 6th CPC recommended the posts of Overseer be upgraded and merged with the promotional post of Superintendent B/R-II. However, the recommendations of 5th CPC, although accepted by the Government was never extended to either the posts of

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