JUDGEMENT
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(1.) The petitioners were recruited as drawing staff in the General Reserve Engineering Force which is a part of the Border Roads Organisation. They claim higher pay scales and implementation of the recommendations of the 5th Central Pay Commission, contending that these recommendations have been accepted and implemented w.e.f. 01.01.1996 by the Central Government with respect to several Ministries and Departments of the Central Government, but not to the Border Roads Organisation.
(2.) The organisational structure of Draughtsmen, with the relative pay scales - in terms of the 4th CPC's recommendations and the revised pay scales in terms of what is claimed in these proceedings has been set out in the writ petition. This is extracted below in a tabular form:
Post Old Pay Scale Revised Pay Scale
D/man Gr.II 1400-2300 5000-8000
D/man Gr.I 1600-2660 5500-9000
Sr. D/man 2000-3200 6500-10500
(3.) It is submitted that the then Ministry of Surface Transport (now Ministry of Road Transport and Highways) on 17.10.1997 issued an order indicating revised pay scales applicable to Draughtsmen under its Department and other agencies. The petitioners rely upon the said order and subsequent orders giving effect to it. They also rely upon an order pertaining to officers/employees of the CPWD dated 16.10.1997 to similar effect. They further state that the Comptroller General of Defence Accounts ("CGDA") issued directions to implement the 5th CPC's recommendations. It is argued that the petitioners - who were initially recruited as Draughtsman Gr.III, Draughtsman Grade-II or as Draughtsman Gr.I in the General Reserve Engineering Force which was subsequently upon its revamping, absorbed in the BRO ought to be given the parity with those working in the CPWD and other organisations.;
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