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HIGH COURT OF DELHI
JUDGMENT
SANTHOSH KUMAR MP AND ORS. ..... Petitioner
For the Petitioner: Mr. Manindra Dubey, Advocate & Dr. Vinod K. Tewari, Advocate
For the Respondent: Mr. Raj Kumar Sr. Panel Counsel with Mr. Ritesh Mani
Tripathi G.P. Sub. Ram Niwas, Nb. Sub. S.S. Negi, HQs
DGBR
HON'BLE MR. JUSTICE MANOJ JAIN
1. Petitioners seek a direction to the respondents to provide the rank and badges to the petitioners from the date of their promotion to the post of Junior Engineer (Civil).
2. Petitioners are employees of Border Road Organization and were employed as Masons, Carpenter, Painters & Senior Draftsman W.P.(C) 8048/2023 2 of 4 during the years 1984 to 1995. Petitioners were promoted to the post of Overseer on different dates between 1995 to 1999.
3. Sixth Pay Commission recommended merger of certain posts. Consequent thereto, a notification was issued by the respondents on 13.05.2010 merging and re-designating several posts. We are presently concerned with the post of Overseer which, as per the petitioners, has been merged and re-designated as Junior Engineer (Civil).
4. Learned counsel for respondents has produced Office Memorandum dated 13.05.2010 with regard to the merger and redesignation of posts in General Reserve Engineering Force. Same is taken on record.
5. The Office Memorandum dated 13.05.2010 stipulates that Overseer (Diploma Holder) shall be merged and re-designated as Junior Engineer (Civil). The office memorandum with regard to the post of Junior Engineer (Civil) stipulates as under: -
W.P.(C) 8048/2023 3 of 4
6. It is an admitted position that petitioners are non-diploma holders in the post of Overseer. With regard to Overseer possessing the requisite diploma, they have been merged and re-designated as Junior Engineer (Civil). With regard to non-diploma holders, the office memorandum stipulates that non-diploma holder Overseer will continue with same designation till they are wasted out or acquire diploma or equivalent or higher qualification. Since petitioners are non-diploma holders, they have not been merged or re-designated as Junior Engineer (Civil) and they would, thus, continue with the same designation i.e. Overseer till they are wasted out or acquire diploma or equivalent or higher qualification.
7. In the instant case, petitioners are seeking direction to provide rank and badges to the petitioners from the date they were promoted to the post of Junior Engineer (Civil). Petition has been filed on a misconception that the petitioners have been promoted to the post of Junior Engineer (Civil). Since petitioners are non-diploma holders, they continue to be Overseer till they are wasted out or acquire the prescribed qualification.
8. In view of the above, the relief sought by the petitioners cannot be granted to them. We, accordingly, find no merit in the petition. The petition is consequently dismissed.
9. At this stage learned counsel for petitioners submits that petitioners would like to reserve their rights to impugn the distinction W.P.(C) 8048/2023 4 of 4 drawn between the diploma and non-diploma holder in accordance with law.
SANJEEV SACHDEVA, J MANOJ JAIN, J AUGUST 11, 2023