* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 03.02.2025 Pronounced on: 25.04.2025 + W.P.(C ) 7956/2014 WALIMUDDIN KHAN AND ORS. .....Petitioners Through: Mr.Shreenath A. Khemka, Mr.Ganesh A. Khemka and Mr.Shubham, Advs.

versus UNION OF INDIA AND ORS .....Respondents Through: Mr.Manish Mohan, CGSC with Mr.Jatin Teotia,Mr.Varenyum, Ms.Aishani Mohan, Advs.

Col. Maheshwar Sharma CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE SHALINDER KAUR

J U D G M E N T

NAVIN CHAWLA, J.

1. This petition has been filed under Article 226 of the Constitution of India, seeking a direction to the respondents to grant to the petitioners herein a revised pay scale of Rs. 5,000-8,000 with effect from 01.01.1996, in accordance with the Sixth Central Pay Commission (‘6th CPC’).

2. The petitioners have filed the present petition alleging therein that the petitioners were appointed as Assistant Chargeman (Signals) (‘ACM(Op) Signals’) in the Border Roads Organisation (‘BRO’) between 1985 and 1998 in accordance with the General Reserve Engineer Force Group 'C' and Group 'D' Recruitment Rules, 1982 (‘Recruitment Rules’).

3. The Recruitment Rules provided the essential qualification for appointment to the post of ACM (Op) Signals to be "3 Years Signature Not Verified Digitally Signed W.P.(C) 7956/2014 Page 1 of 19 recognized Diploma in Electronics/Telecommunication/Radio Engineering". This post fell under the Technical Supervisory/JCOs Cadre and carried the pay scale of Rs. 4000-100-6000 (Pre-

revised)/PB-1 with a Grade Pay of Rs. 2400/- (Revised).

4. In 1996, the Recruitment Rules were amended for certain posts including Overseer, Charge Mechanic, and Charge Electrician, whereby the "Diploma" was added as an essential qualification for these posts as well. However, no change was made in the qualification for ACM (Op) Signals as it already required a diploma qualification under the unamended Recruitment Rules.

5. The Fifth Central Pay Commission (‘5^th CPC’), in 1996, proposed that all posts requiring minimum qualification of Diploma in Engineering be granted the Pay Scale of Rs.5,000-8,000. Though the same was accepted by the Central Government with effect from 01.01.1996, it was not implemented by the BRO on the assumption that the benefit was to be granted to only those posts which were to be filled wholly by direct recruitment. Resultantly, various posts in the BRO, including ACM (Op) Signals, having an element of promotion, were not granted the said benefit.

6. Subsequently, the 6^th CPC, in its report submitted in March 2008, recommended in Para 7.39.22 and 7.39.23 thereof, a higher pay scale of Rs. 5000-8000 (Pre-revised) retrospectively with effect from 01.01.1996 for all posts carrying minimum recruitment qualification of 3 years Diploma in engineering, thereby removing the 100% direct recruitment criteria.

7. The report of the 6^th CPC was accepted by the Government of Signature Not Verified Digitally Signed W.P.(C) 7956/2014 Page 2 of 19 India and implemented with effect from 01.01.2006 by the Central Civil Services (Revised Pay) Rules, 2008 (‘Rules’) published on 29.08.2008. As per Part-C, Section 11 of these Rules, the pay scale of Overseer in BRO was merged with the promotional post of Superintendent BR Grade-II and revised to the scale of Rs. 5000-

8000.

8. On 22.9.2008, a letter was sent to the Union of India indicating that Overseers, BR-IIs, and E&M-IIs should be placed in the pre- revised scale of Rs. 5000-8000 with grade pay of Rs. 4200 in PB-2. However, in response thereto, the Central Government, vide a letter dated 03.10.2008, clarified that the pay of non-diploma holder Overseers, BR & EM-II, should be fixed in the corresponding pay band of pre-revised pay scale itself. Further clarifications were eventually provided by the Ministry of Finance, vide a letter dated 08.12.2008, regarding the non-requirement to look into the existence of a Diploma in Engineering while fixing pay for Overseers under the revised structure. Basis this dir