IMPORTANT POINT
The court ruled that the absence of direct recruitment and differing duties between Chargeman(Communication) and Chargeman(Mechanic) precludes entitlement to the diploma scale of pay.

JUDGMENT :

Heard Mr. Rajesh Mazumdar, learned counsel for the petitioners. Also heard Mr. Biplav Chakravarty, learned CGC, appearing on behalf of all the respondents.

2. The petitioners by way of instituting the present proceeding, have prayed for a direction for authorizing to them, the pre-revised scale of pay of Rs. 5000-8000 w.e.f. 01.01.1996 and the revised scale of pay of Rs. 9300-34800 along with Grade Pay of Rs. 4200/-, coming into force in terms of the recommendations of the 6th Central Pay Commission.

3. As projected in the writ petition, the petitioners, herein, were all recruited as Radio Mechanic in the General Reserve Engineering Force. Thereafter, the petitioners on their selection, came to be promoted to the post of Chargeman (Signal). The post of the Chargeman(Signal) was thereafter, re-designated as Chargeman(Communication). In the Recruitment Rules, more specifically, the General Reserve Engineering Force Group “C” and “D” Recruitment Rules, 1982; the recruitment to the post of Chargeman(Signal) mandated possession by an intending candidate, a qualification of 3 years recognized Diploma Licenciate in Electronics/Communication/Radio Engineering or equivalent with 1 year experience. The said Recruitment Rules further mandated that the post of Chargeman(Signal) would be so filled up by way of promotion, failing which, from the Army on posting/transfer and failing thereof, by way of direct recruitment from the post of Radio Mechanic.

4. The petitioners have contended that the post of Chargeman(Signal) being similar to that of Charge Mechanic and the incumbents in the post of Charge Mechanic not having a Diploma, having been authorized the diploma scale of pay of Rs. 5000-8000/-in pursuance of the directions passed in the matter by this Court; the petitioners are also entitled to be authorized the pre-revised pay scale of Rs. 5000-8000 w.e.f. 01.01.1996 along with the revised pay scale of Rs. 9300-34800 and Grade Pay of Rs. 4200/-in terms of the recommendations of the 6th Central Pay Commission.

5. The petitioners have further contended that the processing although made in the matter by the respondent authorities for authorizing to the incumbents in the post of Chargeman(Communication), the diploma scale of pay of Rs. 5000-8000/-, the said process was not taken to its logical conclusion and accordingly, being so constrained; they have instituted the present proceeding seeking for the reliefs as noted, hereinabove.

6. Mr. Mazumdar, learned counsel for the petitioners, has submitted that the General Reserve Engineering Force Group “C” and “D” Recruitment Rules, 1982, having also mandated direct recruitment to the post of Chargeman(Signal)[now, Chargeman(Communication)] of persons having a diploma in the relevant trade; the said post ought to be deemed to be a post to which the diploma scale of pay of Rs. 5000-8000/-is applicable. Accordingly, the petitioners, herein, being holders of the said post, are also entitled to be authorized the diploma scale of pay at least w.e.f. 01.01.1996 along with the revision thereof in terms of the recommendations of the 6th Central Pay Commission, maintaining parity with that of the pots of Chargeman(Mechanic), Chargeman(Electrical), etc..

7. Mr. Mazumdar, learned counsel, has further submitted that the cases of the petitioners, herein, are covered by the decisions of this Court in the case of Pramod Singh & ors. V. Union of India & ors., vide judgment & order, dated 01.02.2011, in WP(c)3756/2009; wherein, the non-diploma holder Charge Mechanics were directed to be authorized the diploma scale of pay by maintaining parity with that of diploma holder Charge Mechanics.

8. Mr. Mazumdar, learned counsel, has also submitted that in terms of the directions passed by this Court in the case of Pramod Singh(supra) and other similar matters; the respondent authorities had carried-out an exercise for upgradation of the scale of pay authorized to various posts including the posts of Chargeman(Signal).