Case Details: Union of India vs. Sunil Kumar Rai [2026] 185 taxmann.com 173 (SC)
Judiciary and Counsel Details
- S.V.N. Bhatti & Panjaj Mithal, JJ.
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Ms Archana Pathak Dave, ASG, Ms Sweksha, Ms Harshita Choubey, Ms Ankita Choudhary Rathi, Jagdish Chandra, Advs. & Mukesh Kumar Maroria, AOR for the Petitioner.
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Ms Meenakshi Arora, Sr. Adv., Anas Tanwir, AOR, Ganesh A. Khemka, Shreenath A. Khemka, Sarthak Sharma, Ms Vidhi Gupta, Chandratanay Chaube, Ebad Ur Rahman, Ms Masoom Raj Singh, Ms Zainab Shaikh, Fakhre Alam & Kashif Jamal, Advs. for the Respondent.
Facts of the Case
In the instant case, the writ petitioners were Junior Engineers in the Border Roads Organisation, originally inducted in subordinate engineering cadres and redesignated after the Fifth Central Pay Commission. Under the Sixth Central Pay Commission, they were placed in Grade Pay Rs. 4,200 and subsequently progressed to Rs. 4,800 (Level 8) under MACP.
Relying on Para 7.4.13(iv)(b) of the Seventh Central Pay Commission, they claimed Non-Functional Upgradation (NFU) to Level 9 (Grade Pay Rs. 5,400) upon completion of four years in Level 8. Their claim was, however, rejected by BRO vide letter dated 19-02-2021.
The respondents contended that CPC recommendations were merely advisory, that NFU was applicable only to those having an entry-level Grade Pay of Rs. 4,800, and that Junior Engineers who reached that level through MACP were not eligible.
High Court Held
The High Court rejected these contentions and held that completion of four years in Level 8, on a seniority-cum-suitability basis, irrespective of the mode of reaching that level, entitled the petitioners to NFU, and accordingly directed the grant of Grade Pay Rs. 5,400.
On appeal, the Supreme Court of India held that the denial of NFU based on entry-level Grade Pay amounted to adding a condition not contemplated under Para 7.4.13(iv)(b).
Further, it observed that completion of four years in Level 8 on a seniority-cum-suitability basis, irrespective of how such level was attained, entitled the petitioners to NFU. Accordingly, no interference with the order of the High Court was warranted.
List of Cases Reviewed
- Sunil Kumar Rai v. Union of India [W.P. (C) No. 5518 of 2021, dated 14-3-2023] (para 13) affirmed
List of Cases Referred to
- Sunil Kumar Rai v. Union of India [W.P. (C) No. 5518 of 2021, dated 14-3-2023] (para 3)
- M. Subramaniam v. Union of India [W.P No. 13225 of 2010, dated 6-9-2010] (para 7)
- Sushil Kumar v. Union of India [2024 SCC OnLine Del 6482] (para 7)
- Gajendra Singh v. Union of India [2025 SCC OnLine Del 1651] (para 7)
- Union of India v. Gajendra Singh [SLP (Civil) D. No(s). 1406 of 2026, dated 9-2-2026] (para 7)
- Union of India v. Sushil Kumar [SLP (Civil) D. No(s). 13406 of 2025, dated 17-4-2025] (para 7)
- Union of India v. M. Subramaniam [Civil Appeal No(s). 8883 of 2011, dated 10-10-2017] (para 7).
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