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2026 Supreme(Online)(SC) 1613

SUPREME COURT OF INDIA
S.V.N. BHATTI, PANKAJ MITHAL, JJ
UNION OF INDIA & OTHERS – Appellant
Versus
SUNIL KUMAR RAI & OTHERS – Respondent


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 we

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