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In or about 1960 it was felt that economic development of the North and North Eastern Border areas were greatly handicapped by meagre and inadequate communications and defence of these areas also required a net work of roads for effective movement and deployment of Armed Forces. This was rendered all the more necessary because the relations of India with its neighbours were in a state of potential conflict and part of the Indian territory was under foreign occupation and there were also hostile forces inviting some sections of the people to carry on a campaign for secession. The Government of India therefore, with a view to ensuring coordination and expeditious execution of projects designed to improve existing roads and construct new roads in the border areas is order to improve the defence preparedness of the country, created several posts in the Directorate General of Works. Army Head Quarters for work connected with the development of border roads as per letter dated 9th April 1960 addressed by the Under Secretary to the Government of India, Ministry of Defence to the Chief of the Army Staff. On 18th April 1960, within a few days thereafter, the Government of India sanctioned the post of Directorate General Border Roads in the rank of Major-General in the Directorate General of Works, Army Head Quarters; vide letter dated 18th April 1960 addressed by the Under Secretary to the Government of India, Ministry of Defence to the Chief of the Army Staff. The Director General Border Roads was placed in charge of this new organisation which started originally as part of the Directorate General of Works, Army Head Quarters. But subsequently, for reasons of high policy, it was decided that this Organisation should not continue as part of the Directorate General of Works, Army Head Quarters but should be under the Board Roads Development Board set up by the Government of India as a separate self contained Authority under the Chairmanship of the Prime Minister with the Defence Minister as Deputy Chairman, the Financial Adviser (Defence) as Financial Adviser and a few other members nominated by the Prime Minister. The budget of the Border Roads Development Board formed part of the budget of the Ministry of Shipping and Transport but the financial control was vested in the Ministry of Finance (Defence). The Government of India by a letter dated 16th June 1960 addressed by the Secretary of the Border Roads Development Board to the Director General, Border Roads conveyed the sanction of the President to "raising and maintenance of a General Reserve Engineering Force for the construction of roads in the border areas and such other tasks as may be entrusted to it by the Border Roads Development Board". It was directed that the General Reserve Engineering Force will be "under the over all command of the Director General Border Roads under whom will be Regional Chief Engineers/Independent Deputy Chief Engineers who will exercise command Over the units of the Force placed under their control". The General Reserve Engineering Force (hereinafter referred to as GREF) was thus raised under the authority of the Government of India and It was placed under the over all command of the Director General, Border Roads. Ever since then the Director General, Border Roads, has always been an army officer of the rank of Major General and he functions under the directions of the Border Roads Development Board, The General Reserve Engineering Force (GREF) is organised on army pattern in units and sub units with distinctive badges of rank and a rank structure equivalent to that in the army. The officers and other personnel of GREF arc required to be in uniform right from class IV to Class I personnel. Though GREF is undoubtedly a departmental construction agency, it is maintained by the Government of India to meet the operational requirements of the army whose operational planning is based on the availability of the units of GREF for operational purposes. In fact GREF pro- vided support to the Army during Indo-China conflict of 1962 and Indo-Pakistan conflicts of 1965 and 1971 and also assisted the Army in the maintenance of public order during the disturbances in Mijoram in 1966 and in Assam in 1980-81. The personnel of GREF are primarily drawn from two sources and they consist of (I) officers and men belonging to the Army and (2) officers and men recruited, through the Union Public Service Commission in case of officers and departmentally in case of other ranks. A ten per cent quota is reserved for recruitment of ex-servicemen. The posting of Army officers and men in GREF is done, not on any ad hoc basis, but in accordance with a well thought out manning policy laid down by the Government of India for the purpose of maintaining at all times and at all levels the special character of GREF as a force designed to Meet the operational requirement of the Army. The manning policy laid down by the Government of India in respect of officers is as under: G Posts Army GREF Brig/Col/Chief Engineer Gr. I & II 75% 25% Lt. Col./Superintending Engineer 50% 50% Major/Executive Engineer 42% 58% Capt./Asstt. Executive Engineer 20% 80% Assistant Engineer - 100% So far as officers and men recruited through the Union Public Service Commission or departmentally are concerned, all of them are given training at the GREF Centre, immediately after recruitment. The GREF Centre is organised on lines similar to an Army Regimental Centre and also functions in the same manner. It is located at a place adjoining an Engineer Regimental Centre, initially at Roorkee and now at Pune, so that it can, if necessary, draw upon the resources of the Engineer Regimental Centre. The new recruits are imparted training in the following three military disciplines:

So far as the personnel of GREF are concerned, they are partly drawn from the Army and partly by direct recruitment. Army personnel are posted in GREF according to a deliberate and carefully planned manning policy evolved with a view to ensuring the special character of GREF as a force intended to support the Army in its operational requirements. The posting of Army personnel in GREF units is in fact regarded as normal regimental posting and does not entitle the Army personnel so posted to any deputation or other allowance and it is equated with similar posting in the Army for the purpose of promotion, career planning, etc. The tenure of Army personnel posted in GREF units is treated as normal Regimental Duty and such Army personnel continue to be subject to the provisions of the Army Act 1950 and the Army Rules 1954 whilst in GREF. But quite apart from the Army personnel who form an important segment of GREF, even the directly recruited personnel who do not come from the Army are subjected to strict Army discipline having regard to the special character of GREF and the highly important role it is called upon to play in support of the Army in its operational requirements. Since the capacity and efficiency of GREF units in the event of outbreak of hostilities depends on their all time capacity and efficiency they are subjected to rigorous discipline even during peace time, because it is elementary that they cannot be expected suddenly to rise to the occasion and provide necessary support to the Army during military operations unless they are properly disciplined and in fit condition at all times so as to be prepared for any eventuality. The Government of India has in exercise of the power conferred upon it by sub- sections (1) and (4) of Section 4 of Army Act 1950 issued a Notification bearing SRO 329 dated 23rd September 1960 applying to GREF all the provisions of that Act with the exception of those shown in Schedule A, subject to the modifications set forth in Schedule B and directing that the officers mentioned in the first column of Schedule C shall exercise or perform, in respect of members of the said Force under their command, the jurisdiction, powers and duties incident to the operation of that Act specified in the second column of Schedule C. This Notification makes various provisions of Army Act 1950 applicable to GREF and amongst them is Section 21 which provides:

The history, composition, administration, organisation and role of GREF which we have described above while narrating the facts clearly show that GREF is an integral part of the Armed Forces. It is undoubtedly a departmental construction agency as contended on behalf of the petitioners but it is distinct from other construction agencies such as Central Public Works Department etc., in that it is a force intended primarily to support the army in its operational requirement. It is significant to note that the Border Roads organisation, which is in over all control of GREF was originally created as part of Army Headquarters and it was only later, for reasons of high policy, that it was separated from Army Headquarters and placed under the Border Roads Development Board. Though the budget of the Border Roads organisation forms part of the budget of Ministry of Shipping and Transport, the financial control is vested in the Ministry of Finance (Defence). The entire infra-structure of GREF is modelled on the pattern of the Army and it is organised into units and sub-units with command and control system similar to that in the Army. The personnel of GREF right from class IV to class I have to be in uniform with distinctive badges of rank and they have a rank structure equivalent to that of the Army. GREF is primarily intended to carry out defence and other works projected by the General Staff, Army Headquarters and it is only where spare capacity is available that GREF undertakes works of other ministries or departments on agency basis and there also, preference is given to strategic and other roads in sensitive areas. The funds which are provided to the Border Roads organisation are meant exclusively for carrying out the works entrusted by the General Staff, Army Headquarters and so far as the works carried out for other ministries or departments on agency basis are concerned, the funds of the Border Roads organisation are not permitted to be used for carrying out those works and they are paid for by the respective ministries or departments and where applicable, agency charges for executing the works are also collected. The statistics given in the earlier part of the judgment show that the major portion of the work executed by GREF units consists of tasks entrusted by the General Staff, Army Headquarters and only a small percentage of the work is being done on behalf of other ministries or departments. GREF units carry out essentially those tasks which are other wise carried out by Army Engineering Regiments and they provide engineering support to the Army both during peace time as also during hostilities. It was found necessary as a result of a major review carried out by Army Headquarters after 1971 that a minimum of 17 Border Road Task Forces and 34 Pioneer Companies would be permanently required for providing engineering support to the Army and accordingly 17 Border Road Task Forces and 34 Pioneer Companies have been made permanent and their composition has been reorganised in accordance with the recommendations of the Army Headquarters. These 17 Border Road Task Forces and 34 Pioneer Companies are being maintained as essential units of GREF for meeting the operational requirements of the Army, even if sufficient work is not available for them at any given point of time. The operational planning of the Army is in fact based on availability of these 17 Border Road Task Forces and 34 Pioneer Companies and during operations, they have to carry out tasks which would otherwise have been done by equal number of Army Engineering Regiments. It may be pointed out that these 17 Border Road Task Forces and 34 Pioneer Companies have replaced corresponding number of Army Engineering Regiments and Pioneer Companies in the Army. The tasks required to be carried out by the Border Road Task Forces have already been described in some details in the opening part of the Judgment while narrating the facts and we need not repeat the same over again. Suffice it to state that these tasks are required to be carried out by the Border Road Task Forces during operations with a view to providing engineering support to the Army in its operational plans. The Border Road Task Forces have to perform these tasks and provide engineering support to the Army not only upto the border but even beyond upto the exent of advance into enemy territories. Even in peace time, the Border Road Task Forces have to undertake works projected by General Staff, Army Headquarters to meet their operational requirements and these work include construction and maintenance of roads, operational tracks, ditch-cum-bund (water obstacles on the broder), field fortifications like bunkers, fire trenches and pill boxes, helipads and airfields. It is also significant to note that the Border Road Task 1 Forces and Pioneer Companies attached to them are included in the order of Battle of the Army which implies that support of these units to the Army is guaranteed and can be requisitioned at any time The Border Road Tack Forces are also sub-allotted to lower army formations and they appear on the order of Battle of these formations. GREF units consisting of these Border Road Task Forces and Pioneer Companies are placed under the direct control of the Army during emergencies when the entire control of this Force is entrusted to the Chief of the Army Staff. Even during peace time, the Chief of the Army Staff exercises control over the discipline of the members of GREF units through the applicability of the provisions of the Army Act 1950. The Director General, Border Roads who is in over-all control of GREF units is always an army officer of the rank of Major General and his confidential reports are written by the Chief of the Army Staff. The signal communication of GREF is also integrated with the Army communication set up not only during operations but also in normal peace time. It is also a factor of vital significance which emphasises the special character of GREF as a force intended to provide support to the Army in its operational plans and requirements that Army personnel are posted in GREF units according to a carefully planned manning policy so that GREF units can in times of war or hostilities be able to provide effective support to the Army. The tenure of office of the Army personnel in GREF units is regarded as normal regimental duty and is equated with similar appointments in the Army for the purpose of promotion, career planning etc. Even the directly recruited personnel of GREF are given training at the GREF Centre before they are posted and the training given is in three military disciplines which we have described in detail in the opening part of the Judgment. The training includes not only drill, marching and saluting but also combat training including physical training such as standing Exercises, beam exercises. rope work, route marches etc. and combat engineering training including field engineering, handling of service cxplosives, camouflage, combat equipment, bridging, field fortifications, wire obstacles etc. Moreover, the directly recruited personnel are taken up only after they voluntarily accept the terms and conditions of employment which include inter alia conditions 5 (1v), (v). 5 (vi) and 5 (xi) which have been reproduced in full while narrating the facts. These conditions make it clear the directly recruited personnel my be required to serve anywhere in India and outside India and when directed, they would have to proceed on field service and if required, they would also be liable to serve in any Defence Service or post connected with the defence of India. It is also stipulated in these conditions that on their appointment, the directly recruited personnel would have to wear the prescribed uniform while on duty and that they would be subject to the provisions of the Army Act 1950 and the Army Rules 1954 as laid down in SROs. 329 and 330 for purpuoses of discipline. It is abundantly clear from these facts and circumstances that GREF is an integral part of the Armed Forces and the members of GREF can legitimately be said to be members of the Armed Forces within the meaning of article 33.

Before we part with this point, we may point out that an anguished complaint was made before us on behalf of the petitioners that there is considerable disparity between the Army personnel posted in GREF units and the other officers and men of GREF in so far as the terms and conditions of service, such as, salary, allowances and rations arc concerned. It is not necessary for us to consider whether this complaint is justified; it is possible that it may not be wholly unjustified but we may point out that in any event it has no real bearing. It all on the question whether the members of GREF can be said to be members of Armed Forces. Since, the members of GREF are drawn from two different sources, it is possible that the terms and conditions of service of the personnel coming from the two sources may be different. The Army personnel posted in GREF units naturally carry their own terms and conditions of service while the other officers and men in GREF are governed by their own distinctive terms and conditions. It is difficult to appreciate how differences in terms and conditions of service between GREF personnel coming from two different streams can possibly have any impact on the character of GREF as a force integral to the Armed Forces. It is immaterial for the purpose of determining whether the members of GREF are members of the Armed Forces as to what are the terms and conditions of service of the members of GREF and whether they are identical with those of Armed personnel appointed on the same or equivalent posts in GREF units. But, we may observe that in case it is found that the terms and conditions of service of officers and men in GREF directly recruited or taken on deputation are in any way less favourable than those of Army personnel appointed to the same or equivalent posts in GREF, the Central Government might well consider the advisability of taking steps for ensuring that the disparity, if any, between the terms and conditions of service, such as, salary, allowances, rations etc. Of Army personnel posted in GREF units and other officers and men in GREF is removed.