R.Pal, J. - (1.) The petitioners are all Junior Engineers in the Farakka Barrage Project (FBP). In this writ application they have challenged the decision of the Central Administrative Tribunal rejecting their claim for parity of pay scales with Junior Engineers in the Central Public Works Department (CPWD). Their claim for parity was based on the following facts:
(2.) Junior Engineers, CPWD and Junior Engineers, FBP had been consistently treated on par. Previously Junior Engineers CPWD were known as "Sectional Officers" and Junior Engineers, FBP were known as "Overseers". In 1973 the Government of India, Ministry of Irrigation and Power in a letter to the General Manager, FBP stated: "The service conditions and emoluments etc. of the Section Officers in the Central Public Works Department and the Overseer of the Farakka Barrage Project are the same and as such their duties should also be the same. The Overseers of the Farakka Barrage Project therefore, should maintain tools and plants including Special T&P. Accounts in accordance with the provision of CPWA Code and CPWD Manual as is done by their counter parts in the Central Public Works Department."
(3.) Prior to the 4th Central Pay Commission, Junior Engineers in the CPWD and FBP enjoyed the Selection Grade. On the basis of the recommendation of the 4th Central Pay Commission that the existing Selection Grade should be discontinued and should become a promotional level, two pay scales were introduced for the Junior Engineers in the CPWD Department viz. a pay scale of Rs. 1400-2300 and the intermediate promotional pay scales of Rs. 1640-2900. As far as the Junior Engineers FBP were concerned, although the selection grade was discontinued, the promotional level of pay scales was not granted. All Junior Engineers in the FBP were given the lower pay scale of Rs. 1400-2300.;