Employees performing similar duties must receive equal pay, regardless of differing qualifications, as established by the court's ruling.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. Parswajyoti Das Nair, along with Mr. H. Rohman, learned counsels, appearing on behalf of the appellants. Also heard Ms. A. Gayan, learned CGC, appearing on behalf of all the respondents.

2. The present intra-Court appeal has been instituted by the appellants, herein, assailing the judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013.

3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

The appellants No. 1 & 2, herein, were appointed as Store Supervisor Grade-II, on 18.05.1995 and 12.06.1998, respectively, in the Border Roads Organization(BRO). On their such induction against the post of Store Supervisor Grade-II; the appellants, herein, were authorized a pay scale of Rs. 4000-6000/- p.m..

On the appellants, herein, being recruited against the post of Store Supervisor Grade-II, their service conditions were regulated under the provisions of the General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982.

In terms of the provisions of the said Rules of 1982, recruitment to the post of Store Supervisor Grade-II, was stipulated to be so made by way of direct recruitment to the extent of 25% of the posts figuring in the cadre and rest 75% of the posts figuring in the cadre by way of promotion from the cadres of Storekeeper(Technical)/Storeman(Technical)/ Storekeeper Gd-II, with the requisite qualification and residency of service.

For direct recruitment to the cadre of Store Supervisor Grade-II, in terms of the provisions of the General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982, it was mandated that the intending candidate must possess a Diploma in Materials Management or Inventory Control or Stores Keeping from recognised institution; OR, Diploma in Mechanical/Automobile/ Telecommunication Engineering or equivalent; OR, Matriculate or equivalent Passed Class I course for Storeman Technical as laid down in Defence Service Regulations Qualification Regulations for Soldiers.

The appellants, herein, who are Diploma holders in Engineering, were appointed to the cadre of Store Supervisor Grade-II, as direct recruits.

The 6 Central Pay Commission, in its report, recommendations came to be made for upgradation of the pay scale of the post of Overseer(Civil) as well as the post of Superintendent Grade-II to the pay scale of Rs. 5000- 8000/- p.m.(diploma scale of pay)(pre-revised). The said recommendations also mandated that other posts similarly placed like that of the post of Superintendent Gd-II, carrying minimum qualification of Diploma in Engineering, should also be extended the diploma scale of pay of Rs. 5000-8000/- p.m.. The said recommendations as made by the 6th Central Pay Commission was so made by reiterating similar recommendations made by the 5th Central Pay Commission for placing all posts wherein the minimum entry level qualification for direct recruitment, was prescribed as Diploma in Engineering.

The diploma scale of pay not being authorized to the posts of the Store Supervisor Grade-II; the appellants, herein, approached the respondents, herein, by way of submission of representations. The representations submitted by the appellants, herein, were considered by the Border Roads Development Board and vide a Note, dated 28.07.2010, their such claim was rejected on the ground that the Recruitment Rules having prescribed qualification in addition to the Diploma in Engineering for the purpose of direct recruitment to the said cadre and only a few posts being so permissible to be filled-up by way of direct recruitment; the said post was held to be not eligible to be authorized the diploma scale of pay of Rs. 5000-8000/- p.m. and the replacement scale of pay under the 6 Central Pay Commission of Rs. 9300-34800/- p.m. along with Grade Pay of Rs. 4200/-.

Further, the 6th Central Pay Commission while considering the pay required to be attach