Dismissed¶¶15

The Union of India and Ors. v. P J Mohana Panicker and 38 Ors.

Gauhati HC9 Mar 2026WA/280/2025

Case brief

AI extract

What is this about?

Pay parity — BRO Field Office Assistants/Steno-A versus CSS Assistants/PA/Steno-C — 6th CPC pay fixation and Grade Pay Rs.4600 — OM No. 20/29/2006-CS.II dated 25.09.2006 — OM F.No.1/1/2008-IC dated 13.11.2009 and 16.11.2009 — merged scale Rs.7450-11500 — source of recruitment no ground for discrimination — D.G.O.F Employees Association (Delhi HC) affirmed in 2023 INSC 995 — Nehru Yuva Kendra Sangathan (2007) 6 SCC 9 — intra-court writ appeal dismissed — Gauhati High Court — parties to bear own costs.

What did the court decide?

Writ appeal dismissed; no relief to the appellants; the learned Single Judge's judgment stands; parties directed to bear their own costs. ¶¶15

The Union of India and Ors. Vs P J Mohana Panicker and 38 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ appeal dismissed; no relief to the appellants; the learned Single Judge's judgment stands; parties directed to bear their own costs.

¶¶15

Issue for consideration

Whether parity existed between Assistants/PA/Steno-C of the Central Secretariat Services (CSS) and the Field Office Assistants/Steno-A/Private Secretaries of the Border Roads Organization, entitling the latter to the pay-scale upgradation and fixation benefits granted to the former under the Office Memoranda dated 25.09.2006, 14.11.2006, 13.11.2009 and 16.11.2009. +1 more

¶¶12

Court's answer

Parity existed between CSS employees and employees in field offices including the petitioners (BRO Field Office Assistants/Steno-A); this Court concurs with the learned Single Judge's finding to that effect.

¶¶12

Ratio / Principle

The authorities overlooked that under the Office Memorandum dated 25.09.2006 the upgradation of pay scale was to take effect from 15.09.2006 and not from 01.01.2006.

¶¶12

Key takeaways

The learned Single Judge's finding that the disparity was aggravated with the Office Memorandum dated 25.09.2006, which was the starting point of discrimination, is correct.ratio¶¶12
The pay disparity is not justified on the ground that Secretariat posts were filled by direct recruitment while similar BRO posts were promotional; where two sets of employees discharge the same duties they cannot be discriminated or treated as a class apart only on the basis of their source of recruitment, the issue being well settled by the Supreme Court in Nehru Yuva Kendra Sangathan.ratio¶¶13

Detailed headnote1 paragraphs

Gauhati High Court, Division Bench (Kalyan Rai Surana and Sanjeev Kumar Sharma, JJ.; order authored by K.R. Surana, J), 10.03.2026, dismissed writ appeal WA/280/2025 (with linked WA/39/2026 and I.As.) against the common judgment dated 22.08.2024 of the learned Single Judge in WP(C)/6231/2013 and WP(C)/7209/2013, upholding the writ petitioners' claim. Held: (i) parity existed between Assistants/PA/Steno-C of the Central Secretariat Services (CSS) and Field Office Assistants/Steno-A/Private Secretaries of the Border Roads Organization (BRO); (ii) the OM No. 20/29/2006-CS.II dated 25.09.2006, upgrading CSS pay scales from Rs.5500-175-9000/- to Rs.6500-200-10,500/- w.e.f. 15.09.2006 (and not 01.01.2006), was the starting point of discrimination and aggravated the disparity; (iii) the disparity is not justified on the ground that Secretariat posts were filled by direct recruitment while BRO posts were promotional — employees discharging the same duties cannot be treated as a class apart on the basis of source of recruitment (Nehru Yuva Kendra Sangathan v. Rajesh Mohan Shukla, AIR 2007 SC 2509 : (2007) 6 SCC 9); (iv) following D.G.O.F Employees Association v. Union of India, WP(C)/4606/2013 (Delhi HC, 14.10.2014), affirmed in Union of India v. D.G.O.F Employees Association, 2023 INSC 995 : Manu/SC/1226/2023. Writ appeal dismissed; parties to bear their own costs.

Page No.# 1/32

GAHC010124062025

2026:GAU-AS:3624

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶5

Case No. : WA/280/2025

¶6

THE UNION OF INDIA AND ORS.

¶7

REPRESENTED BY THE SECRETARY MINISTRY OF DEFENCE, ROOM NO.418, B WING, SENA BHAWAN, NEW DELHI-110011.

¶8

2: THE DIRECTOR GENERAL BORDER ROADS ORGANIZATION (BRO) SEEMA SADAK BHAWAN RING ROAD DELHI CANTT. NEW DELHI 110010

¶9

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

¶10

4: THE PRINCIPAL CONTROLLER OF DEFENCE ACOUNTS (BORDER ROADS) SEEMA SADAK BHAWAN RING ROAD DELHI CANTT. NEW DELHI 11001

¶11

VERSUS

¶12

P J MOHANA PANICKER AND 38 ORS.

¶13

GS-157758Y. STGENO-A, H/N-KOCHUVATTU KULAM NORTH GATE ETTU, MANOOR TEMPLE, VPO-ETTUMANOOR, DIST-KOTTAYAM, STATEKERALA, PIN-686631.

¶14

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¶15

2:MAHADEB BANERJEE

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GS 155769M ASST. C/O GOKUL CHANDRA CHAKRABORTY KSHUDI RAM PALLY P.O. ISLAMPUR DIST. UTTAR DINAJPUR WEST BENGAL PIN 733202

¶17

3:JATINDER KUMAR

¶18

GS 155273X ASST. VILL. TANGROTI P.O. ROMERH DIST. KANGRA STATE HIMACHAL PRADESH.

¶19

4:SATYA PAL SINGH

¶20

GS 155531M ASST. H/N RZ 16 SAI BABA ENCLAVE P.O. OLD TEHSIL ROAD TEH NAJAFGARH DIST. NAJAFGARH NEW DELHI PIN 110043

¶21

5:TRILOCHAN SINGH

¶22

GS 157126N ASST. H/NO 244/118-B DAYAL BAGH COLONY MAHESH NAGAR AMBALA STATE HARYANA PIN 133001

¶23

6:THAKUR DASS

¶24

GS 157849H ASST. VILL. AKHROTA P.O. RATTANGARH DIST. PATHANKOT STATE PUNJAB PIN 143534

¶25

7:BINOD KUMAR SHRIVASTAVA

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Page No.# 3/32

¶27

GS 155722F ASST. VPO RATANPURA TEH HAYAGHAT DIST. DARBHANGA STATE BIHAR PIN 846001

¶28

8:P A JAYARAJAN

¶29

GS 160570P ASST H/N KALARIKKAL VILL. PAVUKKONAM P.O PAVUKKONAM DIST. PALAKKAD STATE KERALA PIN 679522

¶30

9:SD SAHARE

¶31

GS 173648N ASST. (NOW AAO) 536 SS AND TC PIN 930536 C/O 56 APO

¶32

10:KRIPAMAY SAMANTA GS 162689X ASST. (NOW AAO) VOP ANGLINA TEH SANKTIA DSIT. BURDWAN STATE WEST BENGAL.

¶33

11:THOMAS ISSAC GS 161693N ASST. (NOW AAO) H/NAME KALLOOKALAM VILL. MADDAPALY P.O. MAMMOOD DIST. KOTTAYAM STATE KERALA PIN 686536

¶34

12:R VISWANATHAN

¶35

GS 155656K ASST. H/NO NATHA NIWAS CHAITHANYA STREET CHULLIMADA

¶36

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¶37

P.O. KANJI KODE DIST. PALAKKAD STATE KERALA PIN 678621

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13:BALAN N

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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

¶40

15:PETER JOHN

¶41

GS 155266F/(GO-4184) PVT SECY. H/NO ST GEORGE HOUSE VILL. MANAKKARA P.O. SASTHAMCOTTA DIST. KOLLAM STATE KERALA PIN 690521

¶42

16:SHASHI BHUSHAN

¶43

GS 163517P ASST. (NOW GO 4060 AAO) VILL. BANSPANI P.O. BANSPANI DIST. TEHRI GARHWAL STATE UTTRAKHAND.

¶44

17:RAJU R GS 17149H

¶45

ASST (NOW AAO) H/NAME CHEMPAKATH P.O. MAKU SOUTH ALUMKADAVIJ THE KARUNAGAPPALLY DIST. KOLLAM

¶46

Page No.# 5/32

¶47

STATE KERALA PIN 690542

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18:AJITH SINGH

¶49

GS 164950L OFFICE SUPERINTENDENT VILL. PATAHNKOT P.O. PATHANKOT DIST. PATHANKOT STATE PUNJAB

¶50

19:JANARDHAN BAKLE

¶51

GS 160242F ASST. H/N SUR NO. 69/1 MAULI NAGAR P.O. DIGHI CAMP DIST. PUNE STATE MAHARASHTRA PIN 410015

¶52

20:C. SHUNMUGA SUNDARAM

¶53

GS 178810K ASST H/NO 78 VILL. MELAKADAYANALLU P.O. KADAYANALLUR TEH TENKASI DISTT. TIRUNELVELI STATE TAMILNADU PIN 627751

¶54

21:SURYA PRAKASH

¶55

GS 183514H. STENO A VPO SARTHA TEH HILSA DIST. NALANDA STATE BIHAR PIN 803110

¶56

22:M RAJAMANI

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GS 167382W ASST (NOW AAO)

¶58

Page No.# 6/32

¶59

H/NO 40/01 SENGUNTHAR PILLAIYAR KOVIL STREET SAMBAVAR P.O. VADAKARAI TEH TENKASI DIST. TIRUNELVELI STATE TAMILNADU PIN 627856

¶60

23:G MURUGESWARAN GS 173653Y ASST. (NOW AAO) ARISAN NORTH STREET SANGUPRAM POST GUDALUR DIT. TIRUNELVELI STATE TAMILNADU PIN 627760

¶61

24:P SATHIYAMOORTHY

¶62

GS 175672H ASST (NOW AAO) HQ CE (P) SEWAK C/O 99 APO

¶63

25:SURENDRA RAM

¶64

GS 159154Y ASST (NOW AAO) VPO USIA (WEST MUHALLA) TEH SERWAI DIST. GHAZIPUR STATE UTTAR PRADESH PIN 232330

¶65

26:KISAN GOVIND NINAWE GS 167090N OFFICE SUPERINTENDENT ADARSHA NAGAR GALI NO. 04 GAROBA MAIDAN P.O. BAGADGANG DIST. NAGPUR STATE MAHARASHTRA PIN 440008

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Page No.# 7/32

¶67

27:M G SRINIVASAN

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GS 180924N OFFICE SUPERINTENDENT 3/48 A MELA RADHA VEETHI VPO EMANE SWARAM DIST. RAMANATHAPURAM STATE TAMILNADU PIN 623701

¶69

28:LAXMIKANT MAHADEORAO BHIWAPURKAR

¶70

GS 167133X ASST 157 SHUBHANGI NAGAR 1 MANEWADA BESA ROAD NAGPUR STATE MAHARASHTRA PIN 440034

¶71

29:SANTOSH KUMAR

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GS 185426L STENO A HQ 50 BRTF PIN 930050 C/O 56 APO

¶73

30:NAVIN KUMAR

¶74

GS-178201A STENO-A HQ CE (P) SHIVALIK C/O 56 APO

¶75

31:CT KOSHY GO 003914P PVT SECY. H/N SREE YESU VILASOM HOUSE VILL MANAKALA P.O. ADOOR DIST. PATHANAMTHITTA STATE KERALA PIN 691551

¶76

32:GURDIP SINGH

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GS 160856F ASST. H/NO 374

¶78

Page No.# 8/32

¶79

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

¶80

34:K RAMALIGAM

¶81

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

¶82

Page No.# 9/32

¶83

GS 169816K ASST. HOUSE SAMARTH SADAN VILL. DIGHI TEH HAVELI DIST. PUNE MAHARASHTRA PIN 411015

¶84

38:THE SECRETARY

¶85

MINISTRY OF FINANCE DEPTT. OF EXPENDITURE NORTH BLOCK NEW DELHI 110001

¶86

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

¶87

Advocate for the Petitioner : SANJAY KUMAR MEDHI,

¶88

Advocate for the Respondent : , MR. D BORAH (R-1 TO 13, 16 TO 37)

¶89

Linked Case : WA/39/2026

¶90

THE UNION OF INDIA AND 2 ORS. REPRESENTED BY THE SECRETARY MINISTRY OF DEFENCE ROOM NO. 418 B WING SENA BHAWAN NEW DELHI-110011.

¶91

2: THE DIRECTOR GENERAL BORDER ROADS ORGANIZATION (BRO) SEEMA SADAK BHAWAN RING ROAD

¶92

Page No.# 10/32

¶93

DELHI CANTT. NEW DELHI 110010

¶94

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.

¶95

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.

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¶97

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

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¶99

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.

¶100

Page No.# 13/32

¶101

Linked Case : I.A.(Civil)/2739/2025

¶102

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

¶103

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

¶104

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

¶105

Page No.# 14/32

¶106

GS 155769M ASST. C/O GOKUL CHANDRA CHAKRABORTY KSHUDI RAM PALLY P.O. ISLAMPUR DIST. UTTAR DINAJPUR WEST BENGAL PIN 733202

¶107

3:JATINDER KUMAR

¶108

GS 155273X ASST. VILL. TANGROTI P.O. ROMERH DIST. KANGRA STATE HIMACHAL PRADESH.

¶109

4:SATYA PAL SINGH

¶110

GS 155531M ASST. H/N RZ 16 SAI BABA ENCLAVE P.O. OLD TEHSIL ROAD TEH NAJAFGARH DIST. NAJAFGARH NEW DELHI PIN 110043

¶111

5:TRILOCHAN SINGH

¶112

GS 157126N ASST. H/NO 244/118-B DAYAL BAGH COLONY MAHESH NAGAR AMBALA STATE HARYANA PIN 133001

¶113

6:THAKUR DASS

¶114

GS 157849H ASST. VILL. AKHROTA P.O. RATTANGARH DIST. PATHANKOT STATE PUNJAB PIN 143534 7:BINOD KUMAR SHRIVASTAVA GS 155722F ASST. VPO RATANPURA

¶115

Page No.# 15/32

¶116

TEH HAYAGHAT DIST. DARBHANGA STATE BIHAR PIN 846001

¶117

8:P A JAYARAJAN

¶118

GS 160570P ASST H/N KALARIKKAL VILL. PAVUKKONAM P.O PAVUKKONAM DIST. PALAKKAD STATE KERALA PIN 679522

¶119

9:SD SAHARE

¶120

GS 173648N ASST. (NOW AAO) 536 SS AND TC PIN 930536 C/O 56 APO

¶121

10:KRIPAMAY SAMANTA GS 162689X ASST. (NOW AAO) VOP ANGLINA TEH SANKTIA DSIT. BURDWAN STATE WEST BENGAL.

¶122

11:THOMAS ISSAC GS 161693N ASST. (NOW AAO) H/NAME KALLOOKALAM VILL. MADDAPALY P.O. MAMMOOD DIST. KOTTAYAM STATE KERALA PIN 686536

¶123

12:R VISWANATHAN

¶124

GS 155656K ASST. H/NO NATHA NIWAS CHAITHANYA STREET CHULLIMADA P.O. KANJI KODE

¶125

Page No.# 16/32

¶126

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

¶131

19:JANARDHAN BAKLE

¶132

GS 160242F ASST. H/N SUR NO. 69/1 MAULI NAGAR P.O. DIGHI CAMP DIST. PUNE STATE MAHARASHTRA PIN 410015

¶133

20:C. SHUNMUGA SUNDARAM

¶134

GS 178810K ASST H/NO 78 VILL. MELAKADAYANALLU P.O. KADAYANALLUR TEH TENKASI DISTT. TIRUNELVELI STATE TAMILNADU PIN 627751

¶135

21:SURYA PRAKASH

¶136

GS 183514H. STENO A VPO SARTHA TEH HILSA DIST. NALANDA STATE BIHAR PIN 803110

¶137

22:M RAJAMANI

¶138

GS 167382W ASST (NOW AAO) H/NO 40/01

¶139

Page No.# 18/32

¶140

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

¶141

24:P SATHIYAMOORTHY

¶142

GS 175672H ASST (NOW AAO) HQ CE (P) SEWAK C/O 99 APO 25:SURENDRA RAM

¶143

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

¶144

Page No.# 19/32

¶145

GS 180924N OFFICE SUPERINTENDENT 3/48 A MELA RADHA VEETHI VPO EMANE SWARAM DIST. RAMANATHAPURAM STATE TAMILNADU PIN 623701

¶146

28:LAXMIKANT MAHADEORAO BHIWAPURKAR

¶147

GS 167133X ASST 157 SHUBHANGI NAGAR 1 MANEWADA BESA ROAD NAGPUR STATE MAHARASHTRA PIN 440034

¶148

29:SANTOSH KUMAR

¶149

GS 185426L STENO A HQ 50 BRTF PIN 930050 C/O 56 APO

¶150

30:NAVIN KUMAR

¶151

GS-178201A STENO-A HQ CE (P) SHIVALIK C/O 56 APO

¶152

31:CT KOSHY GO 003914P PVT SECY. H/N SREE YESU VILASOM HOUSE VILL MANAKALA P.O. ADOOR DIST. PATHANAMTHITTA STATE KERALA PIN 691551

¶153

32:GURDIP SINGH

¶154

GS 160856F ASST. H/NO 374 VPO GHURIAL

¶155

Page No.# 20/32

¶156

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

Page No.# 21/32

ASST. HOUSE SAMARTH SADAN VILL. DIGHI TEH HAVELI DIST. PUNE MAHARASHTRA PIN 411015 38:THE SECRETARY

¶161

MINISTRY OF FINANCE DEPTT. OF EXPENDITURE NORTH BLOCK NEW DELHI 110001

¶162

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

¶163

Linked Case : I.A.(Civil)/1753/2025

¶164

THE UNION OF INDIA AND 2 ORS. REPRESENTED BY THE SECRETARY MINISTRY OF DEFENCE B WING SENA BHAWAN NEW DELHI-110011

¶165

2: THE DIRECTOR GENERAL BORDER ROADS ORGANIZATION (BRO) SEEMA SADAK BHAWAN RING ROAD DELHI CANTT. NEW DELHI 110010

¶166

3: THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (BORDER ROADS) SEEMA SADAK BHAWAN RING ROAD

¶167

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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.

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6:RAVI RAMAN S/O. SHRI RAJENDRA PRASAD SINGH GS-178645K STENO-A HQ CE (P) DTK C/O. 99 APO.

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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

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EXPENDITURE

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NORTH BLOCK NEW DELHI-110001.

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17:THE SECRETARY (PERSONNEL) DEPARTMENT OF PERSONNEL AND TRAINING

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MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSIONS NORTH -BLOCK NEW DELHI-110001

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-----------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

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BEFORE

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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.

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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.

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The respondents are the writ petitioners. They have assailed the order

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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/StenoA in the Border Roads Organization, to which the respondent nos.1 to 37 belonged.

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The writ petition was filed with prayers for setting aside and quashing the:-

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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.

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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.

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III. The yet another challenge is Office Memorandum F. No. 1/1/2008-IC dated 13.11.2009

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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.

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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/-.

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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.

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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).

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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

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29.08.2008, the Ministry of Finance had accepted the recommendation made by the 6^th 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.

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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.

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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

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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.

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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 6^th CPC had calculated that the parity had long been started.

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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

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report of the 6^th CPC, which is annexed with the memo of appeal, it would be relevant to quote :-

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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.

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The position becomes different for posts above UDC level; with the Assistant in

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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.

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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.

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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.

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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 upgradation under ACPS.

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Thereafter, the recommendation was made for pay scale of Rs.650010500 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.

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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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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.

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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.

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Accordingly, the Court does not find any merit in the writ petition and the writ appeal is dismissed.

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The parties are directed to bear their own cost.

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JUDGE JUDGE

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Comparing Assistant

The Union of India and Ors. v. P J Mohana Panicker and 38 Ors.

Case brief

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The Union of India and Ors. v. P J Mohana Panicker and 38 Ors.

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What the court decided

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