Shri. Bipul Kumar Mistry And ORS. v. The Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION [CIRCUIT BENCH AT PORT BLAIR] PRESENT : THE HON'BLE JUSTICE SUVRA GHOSH AND THE HON'BLE JUSTICE MD. SHABBAR RASHIDI WP.CT/12/2025 SHRI BIPUL KUMAR MISTRY AND OTHERS ... PETITIONERS VS.

THE UNION OF INDIA AND OTHERS ... RESPONDENTS For the Petitioners : Ms. Anjili Nag, Senior Advocate Ms. S. Bhawani For the Respondents : Mr. Rakesh Kumar Hearing concluded on : July 28, 2025 Judgment delivered on : August 01, 2025 SUVRA GHOSH, J.

1.

The petitioners are aggrieved by the judgment and order passed by the Central Administrative Tribunal, Kolkata Bench holding its circuit at Port Blair on March 04, 2025 turning down the Original Application being OA 351/00720/2019/AN filed by them. 2.

The case has a chequered history. The petitioners were appointed to the post of Fitter in the Electricity Department and were promoted to the post of Chargemen initially on ad hoc basis, which was subsequently regularized. They were awarded Grade Pay of Rs. 2800/-. They filed applications before the authority seeking grant of

Rs. 4200/- as Grade Pay instead of Rs. 2800/- from the date of their promotion as Chargemen. Their prayer being turned down by an order passed on May 17, 2019 by the authority, being the Superintending Engineer, Electricity Department, Andaman and Nicobar Administration, they approached the Tribunal for redressal. 3.

By an order passed on January 04, 2024, the Tribunal dismissed the application filed by the petitioners. The petitioners assailed the said order before this Court and by an order passed on February 09, 2024, this Court remanded the matter to the Tribunal for reconsideration of the issue in the light of the observation and finding made in the order. The matter was again taken up for reconsideration by the Tribunal. The petitioners' prayer was dismissed by the order impugned.

4.

It is not in dispute that the petitioners do not hold degree/diploma in engineering. Some of the Chargemen of the Electricity Department who were possessing a degree/diploma in engineering filed an application claiming implementation of the recommendation of 5th Central Pay Commission. The application was initially dismissed but subsequently allowed by this Court with the observation that the said Chargemen fulfilled the criteria of holding diploma in electrical/mechanical engineering. 5.

By a notification issued on August 21, 2008, the Government of India upgraded the pay scale of non-diploma holder engineers of the Electricity Department from Rs. 4500 - 7000/- to Rs. 5000 - 8000/-

with effect from January 01, 1996. The petitioners claim to be similarly circumstanced with the Chargemen holding diploma who have been granted pay scale of Rs. 5000 - 8000/- with Grade Pay of Rs. 4200/- in view of the said notification.

6.

Learned counsel for the petitioners has drawn the attention of the Court to the judgments and orders passed by the authority, the Tribunal and this Court earlier and has submitted that in view of the notification issued by the Government of India placing the diploma holders and the non-diploma holders at par, the petitioners ought to be awarded Grade Pay of Rs. 4200/-, moreso, since the petitioners satisfy the other requirements for the said Grade Pay. 7.

Learned counsel has submitted that though the petitioners have been promoted to the post of Chargemen, they have been deprived of the Grade Pay they are entitled to. One Shri Jagjeevan Lall who retired as Chargemen of the department also did not have a degree or diploma in electrical or mechanical engineering but was awarded Grade Pay of Rs. 4200/-. The petitioners claim the same benefit. Learned counsel has also submitted that a degree/diploma in electrical/mechanical engineering is not an essential criteria for promotion to the post of Chargeman.

8.

Per contra, learned counsel for the respondents has submitted that Jagjeevan Lall was granted Grade Pay of Rs. 4200/- as ACP and not on account of his promotion. On his promotion to the post of Chargemen on June 30, 2007, he continued in the pay scale of

Rs. 4500 - 7000/- which was the initial pay scale for the post of Chargemen. He was recommended for ACP benefit from the date of his completion of 12 years service in 1991 and was granted the pay scale of the next promotional post of Lineman-cum-Meter Reader which was Junior Engineer. In terms of the notification of the Government of India, the upgraded pay scale is admissible only for the Junior Engineers of the department who are non-diploma holders and not to the Chargemen. The petitioners not being similarly placed with either Jagjeevan Lall or the Junior Engineers enjoying Grade Pay of Rs. 4200/- are not entitled to the same benefit. 9.

We have considered the rival contention of the parties and material on record.

10.

It is not in dispute that according to the recruitment rules published vide notification dated December 12, 1975, the feeder post for promotion to the Chargemen is Fitter. It also appears that degree/diploma in electrical/mechanical engineering is not an essential qualification for promotion to the post of Chargeman. Though such qualification was earlier essential for promotion to the post of Junior Engineer, the notification of the Government of India issued on August 21, 2008 clarifies that non-diploma holder Junior Engineer in the Electricity Department shall be treated at par with the diploma holders and both categories shall be granted the upgraded pay scale with Grade Pay of Rs. 4200/-.

11.

By the order dated November 30, 2012, this Court held that the employees working in the post of Chargeman and having diploma in electrical/mechanical engineering were entitled to the benefit of the 5th Central Pay Commission. The employees with diploma and without diploma being at par in view of the notification of the Government of India, the order passed by this Court can be extended to the non-diploma holder Chargemen, meaning thereby, that the petitioners are also entitled to the benefit of Grade Pay of Rs. 4200/- awarded to the other Chargemen possessing diploma. It is pertinent to mention that the duties and responsibilities of the Chargemen who are diploma holders and non-diploma holders are same as observed by the Tribunal in its judgment dated January 4, 2024 in O.A. 351/00720/2019/AN. This Court granted Grade Pay of Rs.

4200/- to the employees working as Chargemen and having diploma. The Chargemen without diploma having the same duties and responsibilities as the diploma holders and being placed on the same pedestal by the notification of the Government of India, cannot be distinguished or differentiated from the diploma holding Chargemen. 12.

Another aspect of the matter is required to be deliberated upon. The petitioners have claimed the benefit of Grade Pay awarded to one Jagjeevan Lall who was initially appointed as Fitter. It appears that Jagjeevan Lall's pay was raised to the scale of pay of Rs. 5000 - 8000/- with effect from August 09, 1999 upon his completion of 12 years of service. Such benefit was granted to him under the ACP

scheme upon modification of the recruitment rules whereby the Lineman-cum-Meter Reader became the feeder grade for Chargeman. Since he was in the pay scale of Rs. 5000 - 8000/- by virtue of the ACP scheme along with the Grade Pay of Rs. 4200/-, it continued even after he was promoted as Chargeman on account of pay protection though as per recruitment rules, the post of Chargeman carried Grade Pay of Rs. 2800/-. The said employee was not granted Grade Pay of Rs. 4200/- on his promotion as Chargeman and enjoyed the said benefit by virtue of the ACP scheme. Therefore the petitioners cannot be said to be similarly placed with Jagjeevan Lall and cannot claim the same benefit.

13.

In the backdrop of the discussion/observation made hereinabove, this Court is inclined to hold that the decision arrived at by the Tribunal is not in conformity with the extant rules and is required to be set aside.

14.

Accordingly, the application being WP.CT/12/2025 is allowed. The order impugned dated March 04, 2025 passed by the Central Administrative Tribunal, Kolkata Bench in Original Application being OA No. 351/00720/2019/AN be quashed/set aside. 15.

As a consequence, order No. 585 dated May 17, 2019 passed by the Superintending Engineer, Electricity Department, Andaman and Nicobar Administration, Port Blair is also quashed/set aside.

16.

The respondent authorities are directed to extend the benefit of Grade Pay of Rs. 4200/- to the petitioners from the date of their promotion to the post of Chargeman within three months from the date of communication of the order.

17.

There shall be, however, no order as to costs. 18.

Urgent certified website copies of this judgment, if applied for, be supplied to the parties expeditiously on compliance with the usual formalities.

I agree ( MD. SHABBAR RASHIDI, J.) ( SUVRA GHOSH, J. )