The court affirmed that it cannot mandate rule amendments for promotions and that the petitioners' claims for retrospective benefits were not justified due to existing provisions.

J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 3: SUNIL KUMAR MISHRA S/O DHARM DEO MISHRA J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 4: RAMASHANKAR RAI S/OLT. MONA SHANKAR RAI J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 5: RAJESH S S/O SHRI SUBRAMANIYAN J.E. EandM HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA Page No.# 1/10 GAHC010248172014 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2738/2014 BISHAN SINGH PINGAL and 13 ORS S/O LT. KISHAN SINGH PINGAL, J.E. CIVIL, HQP UDAYAK GREF, DOOM DOOMA, DIST- TINSUKIA, ASSAM 2: DEVI CHARAN SHARMA S/O LT. GAJRAJ SHARMA J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 3: SUNIL KUMAR MISHRA S/O DHARM DEO MISHRA J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 4: RAMASHANKAR RAI S/OLT. MONA SHANKAR RAI J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 5: RAJESH S S/O SHRI SUBRAMANIYAN J.E. EandM HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA Page No.# 2/10 ASSAM 6: PRADEEP KUMAR CHATURVEDI S/O SHRI SURENDRA NATH CHAUBEY J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 7: ASHOK KUMAR S/O SHRI RAM KISHOR VISHWAKARMA J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 8: CHANDRA KANT PRASAD S/O SHRI RAMADHAR SAH J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 9: A SANJAY GANDHI S/O SHRI S ANNASAMY J.E.EandM 518 SS and TC GREF DINGJAN DIST- TINSUKIA ASSAM 10: K BALU S/O SHRI KANDASAMY J.E.EandM EBW GREF TEZPUR DIST- SONITPUR ASSAM 11: RAMESH CHANDRA S/O LT. BHARAT SINGH J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA Page No.# 3/10 ASSAM 12: BRIJ BHUWAN RAM S/O LT. RAM DEV RAM J.E.CIVIL HQP UDAYAK GREF DOOM DOOMA DIST- TINSUKIA ASSAM 13: RAJENDRA PRASAD S/O LT. HARI BALLABH PANT J.E.CIVIL 339 SPL/63 RCC GREF DARANGA DIST- BASKA ASSAM 14: BHS ISHWARA RAJU S/O SHRI SURIYA NARAYANA RAJU J.E.CIVIL HQ 47 BRTF GREF VIP ROAD LANKESHWAR DIST- KAMRUP ASSA VERSUS THE UNION OF INDIA and 6 ORS REPRESENTED BY ITS CABINET SECRETARY, GOVT. OF INDIA, NEW DELHI-01 2:SECRETARY DEPARTMENT OF PERSONNEL AND TRAINING DOPT GOVT. OF INDIA NEW DELHI-01 3:SECRETARY MINISTRY OF DEFENCE SENA BHAWAN DHQ P.O. NEW DELHI-11 4:SECRETARY MINISTRY OF ROAD TRANSPORT and HIGHWAYS TRANSPORT BHAWAN NEW DELHI Page No.# 4/10 5:SECRETARY BORDER ROADS DEVELOPMENT BOARD B WING 4TH FLOOR SENA BHAWAN DHQ P.O. NEW DELHI-110011 6:THE DIRECTOR GENERAL BORDER ROADS SEEMA SADAK BHAWAN NARAINA NEW DELHI-10 7:SECRETARY DEPARTMENT OF EXPENDITURE MINISTRY OF FINANCE NEW DELHI-0 B E F O R E Hon’ble MR. JUSTICE SANJAY KUMAR MEDHI Advocates for the petitioners : Shri I. H. Saikia, Advocate. Advocates for the respondents : Shri B. Chakravarty, CGC. Date of hearing : 14.05.2024 Date of Judgment : 14.05.2024 Judgment & Order 14 numbers of petitioners have joined together in this petition filed under Article 226 of the Constitution of India with the primary grievance of implementation of the 5th CPC recommendation of the year 1996 which was also endorsed by the Department of Personnel and Training vide OM dated 25.05.1998.

2. The facts projected are that the petitioners are Junior Engineers in the Border Roads Organizations (BRO). Initially, there were 3 different posts namely, Page No.# 5/10 Overseer, Superintendent Gr-II and Superintendent Gr-III meant for diploma holders. However, by the 5th CPC recommendation of the year 1996, the aforesaid three posts were merged into one cadre of Junior Engineer. The Commission further recommended for Cadre Review so as to brighten the chance of promotion of Junior Engineers to the next higher post of Assistant Engineer. It is the case of the petitioners that while for other similarly placed organizations, the Rules were amended, no such amendments were brought in for the Rules governing the BRO Personnel.

3. I have heard Shri I. H. Saikia, learned counsel for the petitioners whereas the respondents are represented by Shri B. Chakravarty, the learned CGC.

4. Shri Saikia, the le

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