IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DECIDED ON:29.10.2025 S.K. VERMA AND OTHERS ...PETITIONERS VERSUS UNION OF INDIA AND OTHERS ....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. R.D. Bawa, Advocate, Mr. Samuel Gill, Advocate, Mr. Randhir Bawa, Advocate and Mr. Rishab Rana, Advocate for the petitioners.

Mr. Shivoy Dhir, Advocate for the respondent-FCI ****

SANDEEP MOUDGIL, J Prayer

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 5000-8000/- for the purpose of pay fixation w.e.f ₹

01.01.1996 and its corresponding revised pay scale of 9300-34800/- with ₹

Grade Pay of 4200/- w.e.f 01.01.2006 to the post of Supervisor Stores Grade-

II (Civil).

2. The petitioners are in possession of Diploma in Engineering. 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 975-1540/- and on 01.01.1996 ₹ ₹

was 3200- 4900/-. The pay scale of Superintendent BR Grade-II was 1400-

₹

2300/- w.e.f. 01.01.1986 and w.e.f. 01.01.1996 it was 4500-7000/-. Both the ₹

posts were proposed to be merged and placed in upgraded pay scale of 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.”

3. The Joint Director (Admn.) in its communication dated 13.05.2009 ₹

(Annexure P-7) has noted that case for upgradation of pay scale of 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-revised) and revised pay of Rs.9300-34800 with Grade pay of Rs.4200/- in respect of following categories who are similarly placed and carrying minimum qualification of three years diploma in Engineering was forwarded to Sectt BRDB:-

a) Charge Mechanic b) Charge Electrician c) Assistant Chargeman Operator (Signlas)

d) Chargeman Signals e) Store Supur Grade II f) Draughtsman Grade II (Civil)

g) Draughtsman Grade II (Mech)

2. In tu