The main legal point established in the judgment is the entitlement of employees to the revised pay scale as per the recommendations of the 6th Pay Commission, regardless of possessing alternative essential qualifications, and the application of the principle of equality under Article 14 of the Constitution of India.

JUDGMENT :

JAGMOHAN BANSAL, J.

1. The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking direction to the respondents to grant upgraded pay scale of Rs.5000-8000/- for the purpose of pay fixation w.e.f 01.01.1996 and its corresponding revised pay scale of Rs.9300-34800/- with Grade Pay of Rs.4200/- w.e.f 01.01.2006 to the post of Draughtsman Grade-II (Civil).

2. The respondent in 2010 advertized different posts including post of Draughtsman Grade-II (Civil). The essential qualification prescribed for the post of Draughtsman Grade-II (Civil) was as below:-

“Essential Qualification

Passed 03 years Certificate/Diploma in Architecture/Draughtsmanship from a recognized institution or equivalent.

OR

Possessing National Apprenticeship Certificate issued by National Council for Vocational Training, Government of India, Ministry of Labour

OR

Passed Diploma Course in Draughtsman Estimating and Design from College of Military Engineering, Pune

OR

Passed 2 year National Trade certificate for Draughtsman (Civil) and having one year practical experience in the trade.”

3. The petitioners were possessing 3 years Diploma in Architecture and they participated in the selection process. They came to be selected in 2011 and accordingly joined service. The Central Government has accepted recommendation of 6th Pay Commission and implemented it w.e.f. 01.01.2006. In the recommendations of Pay Commission, in Para No.7.39.22, it has been enjoined that posts of Overseer (Civil), Border Roads Organization, for which minimum qualification for direct recruitment is Diploma in Engineering, be merged with Superintendent BR Grade-II and be placed in the upgraded pay scale. The pay scale for the post of Overseer (Civil) as on 01.01.1986 was Rs.975-1540/- and on 01.01.1996 was Rs.3200-4900/-. The pay scale of Superintendent BR Grade-II was Rs.1400-2300/- w.e.f. 01.01.1986 and w.e.f. 01.01.1996 it was Rs.4500-7000/-. Both the posts were proposed to be merged and placed in upgraded pay scale of Rs.5000-8000/-. In the said paragraph, it was further provided that posts similarly placed and carrying minimum Diploma in Engineering should also be extended said pay scale. Para 7.39.22 of the recommendations reads as under:-

“7.39.22 Higher pay scale has been demanded for the post of Overseer (Civil) in Border Roads Organization on the 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 CPC, in their Report submitted in 1997, had recommended the scale of Rs.5000-8000 for all posts carrying minimum direct recruitment qualifications of Diploma in Engineering. This recommendation was accepted. The post should consequently have been extended the scale of Rs.5000-8000 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.4500-8000. Since the Commission has recommended merger of the scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500, the post will be placed in the revised Pay Band PB-2 of Rs.8700-34800 along with a grade pay of Rs.4200. Commission also advises the Government to implement this retrospectively from 1.1.1996, at least for the purpose of fixation of pay.”

4. The Joint Director (Admn.) in its communication dated 13.05.2009 (Annexure P-3) has noted that case for upgradation of pay scale of Rs.5000-8000/- in respect of different categories of employees was forwarded to Secretary, BRDB, who in turn has suggested to forward a consolidated proposal. The relevant extracts of communication dated 13.05.2009 read as:

“UPGRADATION OF PAY SCALES IN RESPECT OF DIRECT RECRUITMENT DIPLOMA HOLDERS AS PER RECOMMENDATIONS OF 6TH CPC

1. It is intimated that a case for upgradation of pay scale of Rs.5000-8000/- (Pre