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Union of India & Others v. Sunil Kumar Rai & Others

Civil Appeal · 2026 INSC 311Decided 1 Apr 2026
C.A. No.-004105-004105 - 2026
Justice Pankaj Mithal · Justice S.V.N. Bhatti

Background

Junior Engineers working in the Border Roads Organisation (BRO), originally appointed as Overseers/Charge Mechanics/Superintendents and later re-designated as Junior Engineers, reached Grade Pay Rs. 4,800/- through the Modified Assured Career Progression (MACP) Scheme rather than by direct entry at that grade. They claimed Non-Functional Upgradation (NFU) to Level 9 (Grade Pay Rs. 5,400/-) under Para 7.4.13(iv)(b) of the Seventh Central Pay Commission after completing four years at Level 8, but the BRO rejected this in a letter dated 19.02.2021, saying the benefit was sanctioned only for Senior Private Secretaries. The Delhi High Court ruled in the employees' favour, and the Union of India appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that Para 7.4.13(iv)(b) only requires four years of continuous service in Grade Pay Rs. 4,800/- (Level 8) on a seniority-cum-suitability basis. It does not matter whether an employee reached that grade pay by direct entry or through promotion/MACP. Reading an "entry-level Rs. 4,800/-" condition into the paragraph would add a restriction not actually present in the Pay Commission's recommendation. The Court found this consistent with its own earlier orders in similar cases (M. Subramaniam, Sushil Kumar, and Gajendra Singh) and agreed that denying the benefit to Junior Engineers while granting it to Senior Private Secretaries and Assistant Accounts Officers, who are similarly placed, was unjustified. The High Court's order was upheld and the Civil Appeal was dismissed with no order as to costs.

Lesson Learnt

When a pay commission recommendation ties a benefit to time spent at a particular grade/pay level, government departments cannot narrow that entitlement by adding unstated conditions (like how an employee reached that level): the plain language of the recommendation governs, and similarly situated employees must be treated alike.

Official source (sci.gov.in)View Judgment (PDF)

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