Gauhati High Court
Page No.# 1/32 vs P J Mohana Panicker And 38 Ors on 10 March, 2026
Author: K.R. Surana
Bench: Kalyan Rai Surana
Page No.# 1/32
GAHC010124062025
2026:GAU-AS:3624
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/280/2025
THE UNION OF INDIA AND ORS.
REPRESENTED BY THE SECRETARY MINISTRY OF DEFENCE, ROOM
NO.418, B WING, SENA BHAWAN, NEW DELHI-110011.
2: THE DIRECTOR GENERAL
BORDER ROADS ORGANIZATION (BRO)
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI 110010
3: THE JOINT SECY. (BR)
MINISTRY OF DEFENCE (EARLIER DESIGNATED AS SECRETARY BRDB0
ROOM NO. 418
B WING 4TH FLOOR
SENA BHAWAN
NEW DELHI 110010
4: THE PRINCIPAL CONTROLLER OF DEFENCE ACOUNTS (BORDER
ROADS)
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI 11001
VERSUS
P J MOHANA PANICKER AND 38 ORS.
GS-157758Y. STGENO-A, H/N-KOCHUVATTU KULAM NORTH GATE ETTU,
MANOOR TEMPLE, VPO-ETTUMANOOR, DIST-KOTTAYAM, STATE-
KERALA, PIN-686631.
Page No.# 2/32
2:MAHADEB BANERJEE
GS 155769M
ASST. C/O GOKUL CHANDRA CHAKRABORTY
KSHUDI RAM PALLY
P.O. ISLAMPUR
DIST. UTTAR DINAJPUR
WEST BENGAL
PIN 733202
3:JATINDER KUMAR
GS 155273X
ASST. VILL. TANGROTI
P.O. ROMERH
DIST. KANGRA
STATE HIMACHAL PRADESH.
4:SATYA PAL SINGH
GS 155531M
ASST. H/N RZ 16 SAI BABA ENCLAVE
P.O. OLD TEHSIL ROAD
TEH NAJAFGARH
DIST. NAJAFGARH
NEW DELHI
PIN 110043
5:TRILOCHAN SINGH
GS 157126N ASST. H/NO 244/118-B
DAYAL BAGH COLONY
MAHESH NAGAR AMBALA
STATE HARYANA
PIN 133001
6:THAKUR DASS
GS 157849H ASST. VILL. AKHROTA
P.O. RATTANGARH
DIST. PATHANKOT
STATE PUNJAB
PIN 143534
7:BINOD KUMAR SHRIVASTAVA
Page No.# 3/32
GS 155722F ASST. VPO RATANPURA
TEH HAYAGHAT
DIST. DARBHANGA
STATE BIHAR
PIN 846001
8:P A JAYARAJAN
GS 160570P
ASST
H/N KALARIKKAL
VILL. PAVUKKONAM
P.O PAVUKKONAM
DIST. PALAKKAD
STATE KERALA
PIN 679522
9:SD SAHARE
GS 173648N ASST. (NOW AAO) 536 SS AND TC
PIN 930536
C/O 56 APO
10:KRIPAMAY SAMANTA
GS 162689X ASST. (NOW AAO)
VOP ANGLINA
TEH SANKTIA
DSIT. BURDWAN
STATE WEST BENGAL.
11:THOMAS ISSAC
GS 161693N ASST. (NOW AAO)
H/NAME KALLOOKALAM
VILL. MADDAPALY
P.O. MAMMOOD
DIST. KOTTAYAM
STATE KERALA
PIN 686536
12:R VISWANATHAN
GS 155656K
ASST. H/NO NATHA NIWAS
CHAITHANYA STREET
CHULLIMADA
Page No.# 4/32
P.O. KANJI KODE
DIST. PALAKKAD
STATE KERALA
PIN 678621
13:BALAN N
GS-155285M STENO A HOUSE PRABEETHAM
P.O. KODUMON
DIST. PATHANAMTHITTTA
STATE KERALA
PIN 69155
14:MK MURALEEDHARAN PILLAI
GS 155391L PVT SECY. H/NAME MELATHIL VEEDU
VILL. THONNALLOOR
POST PANDALAM
DIST. PATHANAMTHITTA
STATE KERALA
PIN 689501
15:PETER JOHN
GS 155266F/(GO-4184) PVT SECY. H/NO ST GEORGE HOUSE
VILL. MANAKKARA
P.O. SASTHAMCOTTA
DIST. KOLLAM
STATE KERALA
PIN 690521
16:SHASHI BHUSHAN
GS 163517P ASST. (NOW GO 4060 AAO)
VILL. BANSPANI
P.O. BANSPANI
DIST. TEHRI GARHWAL
STATE UTTRAKHAND.
17:RAJU R GS 17149H
ASST (NOW AAO)
H/NAME CHEMPAKATH
P.O. MAKU SOUTH ALUMKADAVIJ
THE KARUNAGAPPALLY
DIST. KOLLAM
Page No.# 5/32
STATE KERALA
PIN 690542
18:AJITH SINGH
GS 164950L
OFFICE SUPERINTENDENT
VILL. PATAHNKOT
P.O. PATHANKOT
DIST. PATHANKOT
STATE PUNJAB
19:JANARDHAN BAKLE
GS 160242F
ASST. H/N SUR NO. 69/1
MAULI NAGAR
P.O. DIGHI CAMP
DIST. PUNE
STATE MAHARASHTRA
PIN 410015
20:C. SHUNMUGA SUNDARAM
GS 178810K
ASST H/NO 78
VILL. MELAKADAYANALLU
P.O. KADAYANALLUR
TEH TENKASI
DISTT. TIRUNELVELI
STATE TAMILNADU
PIN 627751
21:SURYA PRAKASH
GS 183514H. STENO A VPO SARTHA
TEH HILSA
DIST. NALANDA
STATE BIHAR
PIN 803110
22:M RAJAMANI
GS 167382W
ASST (NOW AAO)
Page No.# 6/32
H/NO 40/01
SENGUNTHAR
PILLAIYAR KOVIL STREET SAMBAVAR
P.O. VADAKARAI
TEH TENKASI
DIST. TIRUNELVELI
STATE TAMILNADU
PIN 627856
23:G MURUGESWARAN
GS 173653Y
ASST. (NOW AAO)
ARISAN NORTH STREET
SANGUPRAM
POST GUDALUR
DIT. TIRUNELVELI
STATE TAMILNADU
PIN 627760
24:P SATHIYAMOORTHY
GS 175672H
ASST (NOW AAO)
HQ CE (P) SEWAK
C/O 99 APO
25:SURENDRA RAM
GS 159154Y
ASST (NOW AAO)
VPO USIA (WEST MUHALLA)
TEH SERWAI
DIST. GHAZIPUR
STATE UTTAR PRADESH
PIN 232330
26:KISAN GOVIND NINAWE
GS 167090N
OFFICE SUPERINTENDENT ADARSHA NAGAR GALI NO. 04
GAROBA MAIDAN
P.O. BAGADGANG
DIST. NAGPUR
STATE MAHARASHTRA
PIN 440008
Page No.# 7/32
27:M G SRINIVASAN
GS 180924N
OFFICE SUPERINTENDENT 3/48 A MELA RADHA VEETHI
VPO EMANE SWARAM
DIST. RAMANATHAPURAM
STATE TAMILNADU
PIN 623701
28:LAXMIKANT MAHADEORAO BHIWAPURKAR
GS 167133X ASST
157
SHUBHANGI NAGAR 1
MANEWADA BESA ROAD
NAGPUR
STATE MAHARASHTRA
PIN 440034
29:SANTOSH KUMAR
GS 185426L
STENO A
HQ 50 BRTF
PIN 930050
C/O 56 APO
30:NAVIN KUMAR
GS-178201A
STENO-A
HQ CE (P) SHIVALIK
C/O 56 APO
31:CT KOSHY
GO 003914P PVT SECY. H/N SREE YESU VILASOM HOUSE
VILL MANAKALA
P.O. ADOOR
DIST. PATHANAMTHITTA
STATE KERALA
PIN 691551
32:GURDIP SINGH
GS 160856F ASST. H/NO 374
Page No.# 8/32
VPO GHURIAL
DIST. JALANDHAR
STATE PUNJAB
PIN 144106
33:MURALI KK
GS 178529F
ASST. H/NO 10/31
STREET
RAJAVEETHI VPO PARAMAKUDI
DIST. RAMANATHAPURAM
STATE TAMIL NADU
PIN 623707
34:K RAMALIGAM
GS 163854K
OFFICE SUPERINTENDENT
H/N INDIRA ILLAM NO. 7
VPO ELLAIAMMAN KOVIL STREET TEH MUTHAPUDUPETTAI
AWADI IAF STATION
MUTHAPUDUPETTAI
CHENNAI (TN)
PIN 600055
35:PRADEEP KUMAR R.
GS 176602W
ASST. H/N MANNOOR KALLECKAL
VILL. KATTACHIRA
P.O. PALLICKAL
TEH MAVELIKARA
DIST. ALAPPUZHA
STATE KERALA
PIN 69053
36:REGHU K
GS 160852N
ASST. VANIYANTTAYYATHU HOUSE
VILL. KANNAMPALLY WARD
P.O KAYAMKULAM
DIST. ALAPPUZHA
STATE KERALA
PIN 690502
37:DESHMANE SG
Page No.# 9/32
GS 169816K
ASST. HOUSE SAMARTH SADAN
VILL. DIGHI
TEH HAVELI
DIST. PUNE
MAHARASHTRA
PIN 411015
38:THE SECRETARY
MINISTRY OF FINANCE
DEPTT. OF EXPENDITURE
NORTH BLOCK
NEW DELHI 110001
39:THE SECRETARY (PERSONNEL)
DEPTT OF PERSONNEL AND TRAINING OF PERSONNEL AND TRAINING
MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK
NEW DELHI 11000
Advocate for the Petitioner : SANJAY KUMAR MEDHI,
Advocate for the Respondent : , MR. D BORAH (R-1 TO 13, 16 TO 37)
Linked Case : WA/39/2026
THE UNION OF INDIA AND 2 ORS.
REPRESENTED BY THE SECRETARY
MINISTRY OF DEFENCE
ROOM NO. 418
B WING
SENA BHAWAN
NEW DELHI-110011.
2: THE DIRECTOR GENERAL
BORDER ROADS ORGANIZATION (BRO)
SEEMA SADAK BHAWAN
RING ROAD
Page No.# 10/32
DELHI CANTT.
NEW DELHI 110010
3: THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (BORDER
ROADS)
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI-110010
VERSUS
DINESH CHANDRA AND ORS.
SON OF LATE GARIV DASS
GO-004074N
PVT. SECRETARY KOHLI MARKET
VPO-BHIRA
DIST- HAMIRPUR
STATE-HIMACHAL PRADESH
PIN-177001.
2:RAJ KUMAR PAL
S/O SHRI A. K PAL
GS-178637L
ASST (NOW AAO)
1023 IESPL (GREF)
CARE 50 BRTF
C/O 56 APO.
3:DASARI RAVI KUMAR
S/O SHRI DASARI SATYANARAYANA
GS-180002L
ASST (NOW AAO) RLC (EAST SEC)
C/O HQ ADGBR (EAST) PIN-900885
C/O 99 APO.
4:SHRI SAJI KUMAR KR
S/O LATE RAMAKRISHNAN NAIR
GS-161260W
STENO-A
H/N-KOODATHINAL HOUSE
PO- PUTHUSSERIMAL
VIA-RANNY
DIST- PATHANAMTHITTA
STATE-KERALA
PIN-689672.
Page No.# 11/32
5:RAVI RAMAN
S/O SHRI RAJENDRA PRASAD SINGH
GS-178645K
STENO-A
HQ CE (P) DTK
C/O 99 APO.
6:KRIPAMOY BARDHAN
S/O. LT. KAMINI BARDHAN
GS-161227Y
ASST
VILL- PURBASHREE LANE CHENGKOOREI ROAD
SILCHAR
P/O. G. C. COLLEGE
DIST. CACHAR
ASSAM
PIN-788004
7:SIKANDAR MAHTO
S/O. SRI DEVI MAHTO
GS-176073P
ASST HQ 49 BRTF
PIN-930049. C/O. 56 APO
8:KOLASINA SRINIVASA RAO
S/O. BHIMA SANKARA RAO
GS-180003N
ASST. (NOW AAO)
HQ CE (P) SAMPARK
PIN-931712
C/O. 56 APO.
9:GANGADHARAN VIDYADHARAN
S/O. LT. V GANGADHARAN
GS-155816Y
ASST.
VIDYABHAVAN
KANICHANALLOR
P/O. MUTTOM
DIST. ALLEPPEY
STATE KERALA
PIN-690511
10:DIPAK KUMAR GHOSH
Page No.# 12/32
S/O. LT. A N GHOSH
GS-155606Y
OFFICE SUPDT
H/NO-339/1/64
K P MUKHERJEE ROAD
BEHALA EAST PARK P.O. BARISHA
WEST BNGAL
PIN-700008.
11:T R SOMAN
S/O. K VASUDEVAN
GS-158133W
STENO-A
H/NO. CHITHIRA
VILL.- VAUJKOLAM
P/O. KADVVINAL.DIST. ALAPPUZHA
STATE-KERALA
12:S ELAMURUGAN
S/O. S. SUBRAMANIYAN
GS-171489H
ASST. (NOW AAO)
VILL.- SATHAMANGALAM
P/O. THANIYAMANGALAM
TEH-MELUR
DIST. MADURAI
TAMIL NADU
PIN-625121.
13:THE SECRETARY
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
NORTH BLOCK
NEW DELHI-110001.
14:THE SECRETARY (PERSONNEL)
DEPARTMENT OF PERSONNEL AND TRAINING
MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES AND PENSIONS
NORTH -BLOCK NEW DELHI-110001
------------
Advocate for : MR. S K MEDHI
Advocate for : DY.S.G.I. appearing for DINESH CHANDRA AND ORS.
Page No.# 13/32
Linked Case : I.A.(Civil)/2739/2025
THE UNION OF INDIA AND 3 ORS
REPRESNTED BY THE SECY.
MINISTRY OF DEFENCE
ROOM NO. 418
B WING
SENA BHAWAN
NEW DELHI 110011
2: THE DIRECTOR GENERAL
BORDER ROADS ORGANIZATION (BRO)
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI 110010
3: THE JOINT SECY. (BR)
MINISTRY OF DEFENCE (EARLIER DESIGNATED AS SECRETARY BRDB0
ROOM NO. 418
B WING 4TH FLOOR
SENA BHAWAN
NEW DELHI 110010
4: THE PRINCIPAL CONTROLLER OF DEFENCE ACOUNTS (BORDER
ROADS)
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI 110010
VERSUS
PJ MOHANA PANICKER AND 36 ORS
GS 157758Y
STGENO-A
H/N KOCHUVATTU KULAM
NORTH GATE
ETTU MANOOR TEMPLE
VPO ETTUMANOOR
DIST. KOTTAYAM
STATE KERALA
PIN 686631
2:MAHADEB BANERJEE
Page No.# 14/32
GS 155769M
ASST. C/O GOKUL CHANDRA CHAKRABORTY
KSHUDI RAM PALLY
P.O. ISLAMPUR
DIST. UTTAR DINAJPUR
WEST BENGAL
PIN 733202
3:JATINDER KUMAR
GS 155273X
ASST. VILL. TANGROTI
P.O. ROMERH
DIST. KANGRA
STATE HIMACHAL PRADESH.
4:SATYA PAL SINGH
GS 155531M
ASST. H/N RZ 16 SAI BABA ENCLAVE
P.O. OLD TEHSIL ROAD
TEH NAJAFGARH
DIST. NAJAFGARH
NEW DELHI
PIN 110043
5:TRILOCHAN SINGH
GS 157126N ASST. H/NO 244/118-B
DAYAL BAGH COLONY
MAHESH NAGAR AMBALA
STATE HARYANA
PIN 133001
6:THAKUR DASS
GS 157849H ASST. VILL. AKHROTA
P.O. RATTANGARH
DIST. PATHANKOT
STATE PUNJAB
PIN 143534
7:BINOD KUMAR SHRIVASTAVA
GS 155722F ASST. VPO RATANPURA
Page No.# 15/32
TEH HAYAGHAT
DIST. DARBHANGA
STATE BIHAR
PIN 846001
8:P A JAYARAJAN
GS 160570P
ASST
H/N KALARIKKAL
VILL. PAVUKKONAM
P.O PAVUKKONAM
DIST. PALAKKAD
STATE KERALA
PIN 679522
9:SD SAHARE
GS 173648N ASST. (NOW AAO) 536 SS AND TC
PIN 930536
C/O 56 APO
10:KRIPAMAY SAMANTA
GS 162689X ASST. (NOW AAO)
VOP ANGLINA
TEH SANKTIA
DSIT. BURDWAN
STATE WEST BENGAL.
11:THOMAS ISSAC
GS 161693N ASST. (NOW AAO)
H/NAME KALLOOKALAM
VILL. MADDAPALY
P.O. MAMMOOD
DIST. KOTTAYAM
STATE KERALA
PIN 686536
12:R VISWANATHAN
GS 155656K
ASST. H/NO NATHA NIWAS
CHAITHANYA STREET
CHULLIMADA
P.O. KANJI KODE
Page No.# 16/32
DIST. PALAKKAD
STATE KERALA
PIN 678621
13:BALAN N
GS-155285M STENO A HOUSE PRABEETHAM
P.O. KODUMON
DIST. PATHANAMTHITTTA
STATE KERALA
PIN 69155
14:MK MURALEEDHARAN PILLAI
GS 155391L PVT SECY. H/NAME MELATHIL VEEDU
VILL. THONNALLOOR
POST PANDALAM
DIST. PATHANAMTHITTA
STATE KERALA
PIN 689501
15:PETER JOHN
GS 155266F/(GO-4184) PVT SECY. H/NO ST GEORGE HOUSE
VILL. MANAKKARA
P.O. SASTHAMCOTTA
DIST. KOLLAM
STATE KERALA
PIN 690521
16:SHASHI BHUSHAN
GS 163517P ASST. (NOW GO 4060 AAO)
VILL. BANSPANI
P.O. BANSPANI
DIST. TEHRI GARHWAL
STATE UTTRAKHAND.
17:RAJU R GS 17149H
ASST (NOW AAO)
H/NAME CHEMPAKATH
P.O. MAKU SOUTH ALUMKADAVIJ
THE KARUNAGAPPALLY
DIST. KOLLAM
STATE KERALA
Page No.# 17/32
PIN 690542
18:AJITH SINGH
GS 164950L
OFFICE SUPERINTENDENT
VILL. PATAHNKOT
P.O. PATHANKOT
DIST. PATHANKOT
STATE PUNJAB
19:JANARDHAN BAKLE
GS 160242F
ASST. H/N SUR NO. 69/1
MAULI NAGAR
P.O. DIGHI CAMP
DIST. PUNE
STATE MAHARASHTRA
PIN 410015
20:C. SHUNMUGA SUNDARAM
GS 178810K
ASST H/NO 78
VILL. MELAKADAYANALLU
P.O. KADAYANALLUR
TEH TENKASI
DISTT. TIRUNELVELI
STATE TAMILNADU
PIN 627751
21:SURYA PRAKASH
GS 183514H. STENO A VPO SARTHA
TEH HILSA
DIST. NALANDA
STATE BIHAR
PIN 803110
22:M RAJAMANI
GS 167382W
ASST (NOW AAO)
H/NO 40/01
Page No.# 18/32
SENGUNTHAR
PILLAIYAR KOVIL STREET SAMBAVAR
P.O. VADAKARAI
TEH TENKASI
DIST. TIRUNELVELI
STATE TAMILNADU
PIN 627856
23:G MURUGESWARAN
GS 173653Y
ASST. (NOW AAO)
ARISAN NORTH STREET
SANGUPRAM
POST GUDALUR
DIT. TIRUNELVELI
STATE TAMILNADU
PIN 627760
24:P SATHIYAMOORTHY
GS 175672H
ASST (NOW AAO)
HQ CE (P) SEWAK
C/O 99 APO
25:SURENDRA RAM
GS 159154Y
ASST (NOW AAO)
VPO USIA (WEST MUHALLA)
TEH SERWAI
DIST. GHAZIPUR
STATE UTTAR PRADESH
PIN 232330
26:KISAN GOVIND NINAWE
GS 167090N
OFFICE SUPERINTENDENT ADARSHA NAGAR GALI NO. 04
GAROBA MAIDAN
P.O. BAGADGANG
DIST. NAGPUR
STATE MAHARASHTRA
PIN 440008
27:M G SRINIVASAN
Page No.# 19/32
GS 180924N
OFFICE SUPERINTENDENT 3/48 A MELA RADHA VEETHI
VPO EMANE SWARAM
DIST. RAMANATHAPURAM
STATE TAMILNADU
PIN 623701
28:LAXMIKANT MAHADEORAO BHIWAPURKAR
GS 167133X ASST
157
SHUBHANGI NAGAR 1
MANEWADA BESA ROAD
NAGPUR
STATE MAHARASHTRA
PIN 440034
29:SANTOSH KUMAR
GS 185426L
STENO A
HQ 50 BRTF
PIN 930050
C/O 56 APO
30:NAVIN KUMAR
GS-178201A
STENO-A
HQ CE (P) SHIVALIK
C/O 56 APO
31:CT KOSHY
GO 003914P PVT SECY. H/N SREE YESU VILASOM HOUSE
VILL MANAKALA
P.O. ADOOR
DIST. PATHANAMTHITTA
STATE KERALA
PIN 691551
32:GURDIP SINGH
GS 160856F ASST. H/NO 374
VPO GHURIAL
Page No.# 20/32
DIST. JALANDHAR
STATE PUNJAB
PIN 144106
33:MURALI KK
GS 178529F
ASST. H/NO 10/31
STREET
RAJAVEETHI VPO PARAMAKUDI
DIST. RAMANATHAPURAM
STATE TAMIL NADU
PIN 623707
34:K RAMALIGAM
GS 163854K
OFFICE SUPERINTENDENT
H/N INDIRA ILLAM NO. 7
VPO ELLAIAMMAN KOVIL STREET TEH MUTHAPUDUPETTAI
AWADI IAF STATION
MUTHAPUDUPETTAI
CHENNAI (TN)
PIN 600055
35:PRADEEP KUMAR R.
GS 176602W
ASST. H/N MANNOOR KALLECKAL
VILL. KATTACHIRA
P.O. PALLICKAL
TEH MAVELIKARA
DIST. ALAPPUZHA
STATE KERALA
PIN 69053
36:REGHU K
GS 160852N
ASST. VANIYANTTAYYATHU HOUSE
VILL. KANNAMPALLY WARD
P.O KAYAMKULAM
DIST. ALAPPUZHA
STATE KERALA
PIN 690502
37:DESHMANE SG
GS 169816K
Page No.# 21/32
ASST. HOUSE SAMARTH SADAN
VILL. DIGHI
TEH HAVELI
DIST. PUNE
MAHARASHTRA
PIN 411015
38:THE SECRETARY
MINISTRY OF FINANCE
DEPTT. OF EXPENDITURE
NORTH BLOCK
NEW DELHI 110001
39:THE SECRETARY (PERSONNEL)
DEPTT OF PERSONNEL AND TRAINING OF PERSONNEL AND TRAINING
MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK
NEW DELHI 110001
------------
Advocate for : MR. S K MEDHI
Advocate for : DY.S.G.I. appearing for PJ MOHANA PANICKER AND 36 ORS
Linked Case : I.A.(Civil)/1753/2025
THE UNION OF INDIA AND 2 ORS.
REPRESENTED BY THE SECRETARY MINISTRY OF DEFENCE
B WING
SENA BHAWAN
NEW DELHI-110011
2: THE DIRECTOR GENERAL
BORDER ROADS ORGANIZATION (BRO)
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI 110010
3: THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (BORDER
ROADS)
SEEMA SADAK BHAWAN
RING ROAD
Page No.# 22/32
DELHI CANTT.
NEW DELHI-110010
VERSUS
BAL KRISHNAN SHARMA AND 16 ORS
S/O. LT. BRAM VIRAT SHARMA
GS-155461Y
OFFICE SUPDT. C5D/22C JANAKPURI NEW DELHI-110058.
2:DINESH CHANDRA
S/O. LT. GARIV DASS
GO-004074N
PVT. SECRETARY KOHLI MARKET
VPO BHIRA
DIST HAMIRPUR
STATE- HIMACHAL PRADESH
PIN-177001.
3:RAJ KUMAR PAL
S/O. SHRI A K PAL
GS-178637L
ASST (NOW AAO)
1023 IESPL (GREF)
CARE 50 BRTF
C/O. 56 APO.1
4:DASARI RAVI KUMAR
S/O. SHRI DASARI SATANARAYANA GS-180002L
ASST (NOW AAO)
RLC (EAST SEC)
C/O. HQ ADGBR (EAST)
PIN-900885
C/O. 99 APO
5:SAJI KUMAR KR
S/O. LT. RAMAKRISHNAN NAIR
GS- 161260W
STENO-A
H/N- KOODATHINAL HOUSE
P.O. PUTHUSSERIMAL
VIA-RANNY
DIST. PATHANAMTHITTA
STATE KERALA
PIN- 689672.
Page No.# 23/32
6:RAVI RAMAN
S/O. SHRI RAJENDRA PRASAD SINGH
GS-178645K
STENO-A
HQ CE (P) DTK
C/O. 99 APO.
7:KRIPAMOY BARDHAN
S/O. LT. KAMINI BARDHAN
GS-161227Y
ASST
VILL- PURBASHREE LANE CHENGKOOREI ROAD
SILCHAR
P/O. G. C. COLLEGE
DIST. CACHAR
ASSAM
PIN-788004
8:SIKANDAR MAHTO
S/O. SRI DEVI MAHTO
GS-176073P
ASST HQ 49 BRTF
PIN-930049. C/O. 56 APO
9:SAROJ KUMAR KARAN
S/O. CHANDRA KISHORILAL KARAN
GS-177887A
STENO-A
HQ CE (P) ARUNANK
C/O. 99 APO.
10:KOLASINA SRINIVASA RAO
S/O. BHIMA SANKARA RAO
GS-180003N
ASST. (NOW AAO)
HQ CE (P) SAMPARK
PIN-931712
C/O. 56 APO.
11:GANGADHARAN VIDYADHARAN
S/O. LT. V GANGADHARAN
GS-155816Y
ASST.
VIDYABHAVAN
KANICHANALLOR
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P/O. MUTTOM
DIST. ALLEPPEY
STATE KERALA
PIN-690511
12:DINA NATH
S/O. LT. JULFI RAM
GS-1633231A
ASST
VPO PANTIHRA
DIST. BILASPUR
HIMACHAL PRADESH
PIN-174028.
13:DIPAK KUMAR GHOSH
S/O. LT. A N GHOSH
GS-155606Y
OFFICE SUPDT
H/NO-339/1/64
K P MUKHERJEE ROAD
BEHALA EAST PARK P.O. BARISHA
WEST BNGAL
PIN-700008.
14:T R SOMAN
S/O. K VASUDEVAN
GS-158133W
STENO-A
H/NO. CHITHIRA
VILL.- VAUJKOLAM
P/O. KADVVINAL.DIST. ALAPPUZHA
KERALA
15:S ELAMURUGAN
S/O. S. SUBRAMANIYAN
GS-171489H
ASST. (NOW AAO)
VILL.- SATHAMANGALAM
P/O. THANIYAMANGALAM
TEH-MELUR
DIST. MADURAI
TAMIL NADU
PIN-625121.
16:THE SECRETARY MINISTRY OF FINANCE DEPARTMENT OF
Page No.# 25/32
EXPENDITURE
NORTH BLOCK NEW DELHI-110001.
17:THE SECRETARY (PERSONNEL) DEPARTMENT OF PERSONNEL AND
TRAINING
MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS
NORTH -BLOCK NEW DELHI-110001
------------
Advocate for : MR. S K MEDHI
Advocate for : MR. D BORAH (R-2 TO 8
10 TO 15) appearing for BAL KRISHNAN SHARMA AND 16 ORS
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
HONOURABLE MR. JUSTICE SANJEEV KUMAR SHARMA
ORDER
10.03.2026 (K.R. Surana, J) Heard Mr. Sanjay Kumar Medhi, learned counsel for the appellants. Also heard Mr. D. Borah, learned counsel for respondents.
2. Aggrieved by the common judgment and order dated 22.08.2024, passed by the learned Single Judge in WP(C)/6231/2013 and WP(C)/7209/2013, the present intra-court appeal has been filed.
3. The respondents are the writ petitioners. They have assailed the order Page No.# 26/32 dated 14.12.2009, issued by the Secretary, Department of Expenditure, Ministry of Finance, Government of India (proforma respondent no.38), by which the benefit of fixation for the merged scales of pay in Rs.7450-11500/- with effect from 01.01.2006 in accordance with 6 th CPC pay-scale of Rs.9300-34800/- i.e. Rs.7450 x 1.86 + 4600 = Rs.18,460/- was granted to only the Assistants/PA/Steno-C of the Central Secretariat Services (CSS for short), which according to the petitioners, was not granted to the Field Office Assistant/Steno- A in the Border Roads Organization, to which the respondent nos.1 to 37 belonged.
4. The writ petition was filed with prayers for setting aside and quashing the:-
I. Order dated 14.12.2009 issued by respondent No. 2 i.e. the Secretary, Department of Expenditure, Ministry of Finance, Government of India to the Joint Secretary (AT&A), DOPT granting the benefit of fixation for the merged scales in Rs.7450-11,500/- with effect from 01.01.2006 accordance with 6th CPC pay-scale of 9300-34800/- and grade pay of Rs. 4600/-
including fixation at the minimum of the pay i.e. Rs. 7450 X 1.86 + 4600 = Rs. 18,460/-to only the Assistants/PA/Steno-C of the Central Secretariat Services (hereinafter referred to as CSS) and according to the petitioners such benefit has not been granted to the Field Office Assistant/Steno-A in the organization like BRO to which the petitioners belong.
II. The other challenge is an Office Memorandum No. 20/29/2006- CS.II dated 25th September, 2006, whereby the pay scale of the Assistants and Steno Grade C (PA) of CSS were upgraded from Rs. 5500-175-9000/- to Rs. 6500-200-10,500/- w.e.f. 15th September, 2006 and according to the petitioners, by way of this Office Memorandum also, their rights were not considered.
III. The yet another challenge is Office Memorandum F. No. 1/1/2008-IC dated 13.11.2009 Page No.# 27/32 whereby the benefit of Grade Pay of Rs. 4600/- was granted w.e.f. 01.01.2006 to those employees who were in the scale of pay Rs. 6500-10500 in terms of 5th CPC. Thus, it is the case of the petitioners that resultantly, they were also deprived from such benefits for the reason that they were not granted the benefit in the 5th CPC. According to the petitioners, the petitioners were also deprived from such benefits.
IV. Another challenge is an Office Memorandum F. No. 1/1/2008-IC dated 16.11.2009, whereby the Field Office Assistants/Steno-A like the petitioners were denied the grade pay of Rs. 4600/- in the pay scale of Rs. 9300-34800/-.
V. The petitioners have also challenged the Office Memorandum No. 20/29/2006-CS II dated 14.11.2006, whereby the Stenographers in Grade D were granted benefits depriving the petitioners who are similarly situated but posted in the field.
5. The basic fact as pleaded in the writ petition is not in dispute. The respondent nos.1 to 37 were all serving as Assistant/Steno-A/ Private Secretary in the Border Roads Organization (BRO). By the impugned OM dated 25.09.2006, the appellants, who were the employers, upgraded the pay scale of the Assistant/Steno-C/PA of Central Secretariat Services w.e.f 15.09.2006. The said OM was admittedly issued 10 (ten) days prior to the Constitution of the 6 th Central Pay Commission (CPC for short).
6. The grievances of the respondent nos.1 to 37 were that they were at par with the Central Secretariat Services all throughout, though they were posted in field offices. Accordingly, on 29.08.2008, the 6 th CPC recommended some structural scale upgradation in respect of Field Office Assistant/Steno-A viz-a-viz Secretariat Assistant. It is projected that vide notification dated Page No.# 28/32 29.08.2008, the Ministry of Finance had accepted the recommendation made by the 6th CPC. Accordingly, a notification dated 13.11.2009 was issued by which the persons who were in the scale of Rs.6500/- to 10500/- in terms of the 5 th CPC as on 01.01.2006 have been granted Grade Pay of Rs.4600/- w.e.f 01.01.2006. The said benefit were granted to those who were in the 5 th CPC scale of Rs.6500/- to 10,500/- as on 01.01.2006. Accordingly, the grievances of the respondent nos.1 to 37 are that they have been deprived of such similar benefit to which they were also entitled to. As per the 6 th CPC, pay structure one more pay up-gradation was granted to the Secretariat Assistant, the same benefit was deprived to the petitioners. Subsequently, on 14.11.2006, scale placement and fixation were also granted to the Secretariat UDCs/ Steno D and according to the respondent nos.1 to 37, this created structural disparity between the Field Office Assistant/Steno A and the Secretariat Assistants etc.
7. The case of the appellants is that there was no historical parity between the Secretariat Employees and the Field Employees since 4 th CPC and accordingly, it is projected that on facts, the present case was distinguishable from the facts under which the case of D.G.O.F Employees Association and Anr
- Vs- Union of India and Ors., WP(C)/4606/2013, decided on 14.10.2014 by the Delhi High Court, on the basis of which the writ petition in this case was decided.
8. It is noted from paragraph 7 of the judgment and order that before the learned Single Judge, the learned Dy.S.G.I. had taken a stand that the determination of parity between the two sets of employees is required to be Page No.# 29/32 done by an Expert Authority like the Pay Commission and may not be the job of the writ court in exercise of power of judicial review.
9. Be that as it may, the learned Single Judge having taken into account, the Office Memorandum dated 25.09.2006, which is a document based on which the present respondent nos.1 to 37 were also discriminated, held that the same memorandum was the fact in issue in the case of D.G.O.F Employees Association (supra). As the learned Single Judge also took note of the fact that the decision of the Delhi High Court in the case of D.G.O.F Employees Association (supra) stood affirmed by the Supreme Court of India in the case of Union of India Vs. D.G.O.F Employees Association and Ors., 2023 INSC 995, reported in Manu/SC/1226/2023 and took the view that the 6th CPC had calculated that the parity had long been started.
10. In the present case in hand, as per Office Memorandum dated 25.09.2006, under No. 20/29/2006 CS II, the upgradation of pay scale of Assistants and Steno Grade 'C' (PA) of Central Secretariat Services (CSS) respectively from Rs.5500/-175-9000/- to 6500-200-10500 was done as an exception specific to Assistants of CSS and the Steno Grade 'C' of CSS only and was ordered to take effect from 15.09.2006. From the relevant extract of the report of the 6th CPC, which is annexed with the memo of appeal, it would be relevant to quote :-
3.1.4 A parity has long been established between the posts of Lower Division Clerk (LDC) and Upper Division Clerk (UDC) in Secretariat and field offices.
The position becomes different for posts above UDC level; with the Assistant in Page No.# 30/32 Secretariat offices being placed in higher pay scale vis-à-vis those working in field offices. Earlier, the respective pay scales of Rs.5500-9000 and 5000-8000 existed for Assistants in Secretariat and in Field offices. This disparity was aggravated in 2006 when the Government further upgraded the pay scales of Assistants belonging to Central Secretariat Service to Rs.6500-10500.
3.1.5 This up-gradation, apart from increasing the existing chasm between similarly designated posts in the Secretariat and Field offices, has also led to a piquant situation where the feeder posts of Assistant and the promotion post of Section Officer have come to lie in an identical pay scale.
3.1.6 Further, it has also caused a hiatus between similar placed posts in different Secretariats because the higher pay scale has been limited to the Assistants belonging to CSS (Central Secretariat Services) only. Assistants working in other Secretariat organizations like AFHQ, MEA and various other participating ministries/ organisations etc. have been denied this and are stridently demanding similar higher pay scales from the Government.
3.1.7 The Government, however, did not concede this parity and have referred the issue to this Commission for taking a final view thereon. The Commission has separately recommended the merger of pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500. This will place Assistants in all Secretariat offices in an identical pay scale vis-à-vis the promotion post of Section Officer as the entry pay scale for Section Officers is Rs.6500-10500. Distinction, however, remains in the case of Section Officers as they automatically get placed in the pay scale of Rs.8000-13500 on completion of four years service in the lower scale of Rs.6500-10500. The scale of Rs.8000-13500 is not regarded as a Group A pay scale in their case. Further, the scale is also not taken into account for the purpose of granting financial up- gradation under ACPS.
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11. Thereafter, the recommendation was made for pay scale of Rs.6500- 10500 with pay band PB-2 and grade pay of Rs.4200/-. The said recommendation has been extracted in paragraph 18 of the impugned judgment and order and therefore, is not reiterated in this order.
12. Moreover, as per paragraph 7.39.24, the 6 th CPC took note of the fact that the Administrative Cadre has demanded higher pay scales on par with those existing in the Secretariat and that the Commission had already recommended parity between similarly placed posts in headquarter organizations and field offices in Chapter 3.1 of the report and made recommendations to that extent in such cases as well. Thus, the Court is inclined to concur with the finding of the learned Single Judge that there is no doubt that parity existed between the CSS employee and others in field offices including the petitioners. The said parity was sought to be disturbed on the basis of the Office Memorandum dated 25.09.2006. The authorities appeared to have missed the sight of the fact that vide Office Memorandum dated 25.09.2006, the upgradation of the pay scale was to take effect from 15.09.2006 and not from 01.01.2006, as indicated in the Office Memorandum bearing F.No.1/1/2008-IC dated 16.11.2009, issued by the Government of India, Ministry of Finance, Department of Expenditure, Implementation Cell. Thus, the finding of the learned Single Judge that the disparity was aggravated with the Office Memorandum dated 25.09.2006, which was starting point of discrimination is found to be correct.
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13. It may be stated that the learned CGC had submitted that while the posts of Assistants/PA/Steno-C in the Secretariat Service was filled up by direct recruitment, similar posts in BRO etc. was a promotional post and thus, justified the disparity and/or difference in pay. This issue appears to have been well settled by the Supreme Court of India in the case of Nehru Yuva Kendra Sangathan v. Rajesh Mohan Shukla & Ors., AIR 2007 SC 2509 : (2007) 6 SCC 9 . In para 3 of the said case (as per AIR citation) it has been held to the effect that if the two sets of employees are discharging the same duties, they cannot be discriminated and/or treated as a class apart only on the basis of their source of recruitment.
14. Moreover, as the issue arising out of the same Office Memorandum dated 25.09.2006, was the subject matter before the Delhi High Court in the case of D.G.O.F Employees Association and Anr.(supra) and the decision of the Delhi High Court was affirmed by the Supreme Court of India and the case of D.G.O.F Employees Association and Anr.(supra), there is no reason take a view different from one taken by the learned Single Judge.
15. Accordingly, the Court does not find any merit in the writ petition and the writ appeal is dismissed.
16. The parties are directed to bear their own cost.
JUDGE JUDGE Comparing Assistant