The Court affirmed that entitlement for Non-Functional Upgradation after four years of service is independent of initial grade pay, emphasizing equity in pay scales among similar job roles.

JUDGMENT

S.V.N. BHATTI, J.

1. Leave granted.

2. The subject matter of the Civil Appeal centres around Para 7.4.13 (iv) (b) of the Seventh Central Pay Commission, and the letter dated 19.02.2021 issued by the Border Road Organization (For short “BRO”), rejecting the claim for extension of Non-Functional Upgradation (For short “NFU”) to Level 9. The excerpts of the above are noted hereunder: 

“Analysis and Recommendations

7.4.13 The following is recommended:

i. The VI CPC had recommended that posts carrying minimum qualifications of diploma in engineering should be placed in GP 4200. while those requiring a degree in Engineering should be placed in GP 4600. This Commission is also of a similar view. Accordingly, normal replacement pay scales are recommended.

ii. The question of change in designations is an administrative one and best left to the discretion of the ministry concerned. Accordingly, no recommendations are made in this regard.

iii. The issue of MACP does not solely concern the Engineering cadres. but affects all Central Government employees. Separate recommendations regarding MACP have been made in Chapter 5.1 of the Report. They will apply to subordinate engineering cadres as well.

iv. The Commission took note of the issue of stagnation raised by various representative staff associations. Accordingly, the following is recommended:

a. The concerned ministries should earmark posts in Level 8 equal to 10 percent of total sanctioned strength in Levels 6 and 7 to be filled from subordinate engineering cadre personnel in Levels 6 and 7. 70 percent of such earmarked posts should be filled through promotion from Level 7. while 30 percent should be filled through a Limited Departmental Competitive Examination in which employees from both Levels 6 and 7 would be eligible to compete. This will enable deserving and meritorious employees at Level 6 to jump Level 7 and go directly to Level 8.

b. 80 percent of the employees in Level 8, will be eligible for non-functional upgrade to Level 9 upon completion of four years in Level 8, on a seniority-cum-suitability basis.”

“13027/PF/ADGBR(NW)/96/E1A

19 Feb 2021

xxx

CLARIFICATION REGARDING PAY FIXATION: GREF OFFICER

1. Reference your HQ letter No.028/PF/82/E1A & 028/PF/84/E1A both dt. 12 Feb 2021.

2. Applications regarding pay fixation in respect of following, officers received vide your HQ letter under ref are returned herewith, as provision of grant of GP Rs.5400/- on completion of 04 years of service was sanctioned for SPS post only & not for AE of BRO as per Min of Shipping, Road TPT & Highways, BRDB letter dated 17 Feb 2009.

a) GO-004219M AE (Civ) JP Sharma SC of 759 TF

b) GO-004792H AE (Civ) Sunil Kumar Mishra of HQ CE (P) Deepak.

Sd/-”

3. The Civil Appeal arises from the Order dated 14.03.2023 in Writ Petition (Civil) No. 5518 of 2021 of the High Court of Delhi at New Delhi. The parties are referred to as arrayed in the Writ Petition. The Junior Engineers filed Writ Petition No. 5518 of 2021 to enforce their claim for NFU pay at Level 9 (Grade Pay of Rs. 5,400/-). The Writ Petitioners were appointed in the BRO in the Subordinate Engineer Cadre as Overseers, Charge Mechanics and Superintendents. In terms of the Fifth Central Pay Commission recommendations, the posts were merged and redesignated as Junior Engineer(s). As per the recommendations of the Sixth Central Pay Commission, the post of Junior Engineer was placed at Pay Band-2 with a Grade Pay of Rs. 4,200/-. As per the Modified Assured Career Progression Scheme (For short “MACP”), the next Grade Pay was stipulated at Rs. 4,600/- , Rs. 4,800/-, and Rs. 5,400/-, consequent to the completion of 10, 20, and 30 years of service, respectively. The Writ Petitioners averred that, as per Para 7.4.13 (iv) (b) of the Seventh Central Pay Commission recommendation, 80 per cent of employees at Level 8 would be granted NFU to Level 9 (Grade Pay of Rs. 5,400/-) upon completion of four years of service at Level 8, on seniority-cum-suitability basis. The Respond