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2025 Supreme(Online)(Gau) 7883

HIGH COURT OF GAUHATI
MR. JUSTICE KARDAK ETE
LABA KT BARO and 36 ORS. – Appellant
Versus
THE UNION OF INDIA and 4 ORS – Respondent
WP(C) / 7045 / 2016



C/O 99 APO

21: T. JOSEPH LEO INBRAJ GS NO. 179813K S/O A THOMAS XAVIER EBW GREF C/O 99 APO

22: ANAND KUMAR GS NO. 182735H S/O SHRI RAM SARAN EBW GREF C/O 99 APO

23: NAGENDRA PRASAD G.S. NO.179639H S/O HARI NARAYAN MAHTO 1068 F/W C/O 99 APO

24: DHARMENDRA SINGH BISHT.

GS NO. 180214W S/O TRILOK SINGH BISHT 1446BCC C/O 99 APO

25: YESPAL SINGH GS NO. 180225H S/O SHRI NANDAN SINGH RAWAT 1063 FD WKSP C/O 99 APO

26: SHRI KRISHAN GS NO. 178658F S/O LT. MANGAL SINGH 1072FD WKSP C/O 99 APO

27: RUPESH KUMAR GS NO. 181355X S/O SHRI BS VERMA 1159I FD WKSP C/O 99 APO

28: DONGARE SHRIRAM SHANKAR GS NO. 179918N S/O SHANKAR NAGOJI DONGARE 1068 FD WKSP C/O 99 APO

29: SURESH KUMAR GS NO. 180275N S/O SHRI RAM ASRA 1068 FD WKSP C/O 99 APO

30: BODKHE SANJIV MURLIDHAR GS NO. 179815X S/O BODKHE MURLIDHAR 62 RCC C/O 99 APO

31: R RAVI G.S. NO. 179997N S/O RAMA SAMY 1072 FD WKSP C/O 99 APO

32: TUNGAJ DHAWAJ GS NO. 181329W S/O DURJAN PRASAD 423 RMPL/130 RCC C/O 99 APO

33: A. SATYANARAYANA GS NO. 185771Y 1079 FD WKSP C/O 99 APO

34: DINESH CHANDRA KHANDURI GS NO. 185705W S/O SHRI RAM CHANDRA KHANDURI 1079 FD WKSP C/O

99 APO

35: AWADHSHESH KUMAR RAJAK GS NO. 178748H S/O SHRI BADRI PRASAD RAJAK 1448 BCC C/O 99 APO

36: JHANTU BISWAS GS NO. 180973W S/O SHRI KAJDASS BISWAS 71 RCC C/O 99 APO

37: K. BHUVANESWARAN GS NO. 179996L S/O LT. PS KUPPUSAMY 1066 FW C/O 99 AP VERSUS THE UNION OF INDIA and 4 ORS REP. BY THE SECY. TO THE GOVT. OF INDIA, MINISTRY OF DEFENSE, BORDER ROADS DEVELOPMENT BOARD, 'B' WING, 4TH FLOOR, SENA BHAWAN, NEW DELHI.

2:THE DIRECTOR GENERAL BORDER ROADS SEEMA SADAK BHAWAN RING ROAD NEW DELHI-110010.

3:SENIOR ADMINISTRATION OFFICER-

JOINT DIRECTOR E/G2 HEADQUARTERS DTC. GENERAL BORDER ROADS SEEMA SADAK BHAWAN RING ROAD NEW DELHI- 110010.

4:CHIEF RECORD OFFICER RECORD OFFICE GENERAL RESERVE ENGINEERING FORCE DIGHI CAMP PUNE-15.

5:THE COMMANDANT EASTERN BASE WORKSHOP GREF C/O 99 APO PIN - 931701 Advocate for the Petitioner : MS.M DUTTA, MR.S K CHAKRABORTY,MS.A CHAKRABORTY,MR.P K ROY Advocate for the Respondent : SR. CGC, MR.Y DOLOI(R- 1-5),ASSTT.S.G.I., BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

JUDGMENT

Date : 16-05-2025 Heard Mr. P.K. Roy, learned senior counsel assisted by Mr. S.K.

Chakraborty, learned counsel for the petitioner. Also heard Mr. Y. Doloi, learned CGC for the respondents No.1 to 5.

2. Challenge made in this petition is to the letter dated 16.04.2015 issued by the Senior Administrative Officer, Joint Director EG-2 for DGBR, whereby, the representation of the petitioners (GREF personnel) who have been promoted from Vehicle Mechanic to Charge Mechanic has been rejected on the ground that the order passed in WP(C) 51/2009 pertains to the benefits of higher pay scale i.e. Grade Pay of Rs.4200/- in PB-2 of Rs.9300 - 34,800 is only extended to the similarly situated non-diploma holders Superintendent B/R-II, Superintendent E/M-II, Overseer, Charge Mechanic and Charge Electrician, who were holding on the strength of BRO as on 10.09.2010, the day of verdict, therefore, the petitioner are not similarly situated as Charge Mechanics/Charge Electricians who governed by a different set of Recruitment and Promotion Rules. The petitioners have prayed for a direction to the respondent authorities to grant the benefit of pay scale of Rs.9300-34800 (Pay Band- 2) with Grade Pay of Rs.4200/- to the petitioners on the principle of equal pay for equal work.

3. The case of the petitioners, in brief, is that they are working as Charge Mechanics in the General Reserve Engineering Force (GREF) under the Ministry of Defence, Govt. of India. The petitioners were initially recruited as Vehicle Mechanic, which is the feeder post for promotion to the post of Charge Mechanic. The qualification prescribed for appointment to the Vehicle Mechanic is Matriculate with Motor Mechanic (HMV)/Vehicle/Diesel Mechanic/Tractor Mechanic certificate, issued by ITI, ITC/NCTVT/Defence Trade certificate etc.

th Following the recommendation of the 6 Central Pay Commission, the respondent authorities, on an a

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