Sanjeev Kumar vs HOME AFFAIRS
- Court
- Central Administrative Tribunal
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No. 3828/2023
MA No.4106/2026
MA No. 4358/2023
th
This the 13 day of October, 2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)
Hon’ble Dr. Sumeet Jerath, Member (A)
1. Sanjeev Kumar
Sepoy – Group ‘C’
S/o Shri Charan Singh
R/o H. No. 116, Gali No. 7/6,
Shakti Vihar School, Meerut Extension,
Badarpur, New Delhi – 110044.
2.Raj Kumar Yadav
Sepoy – Group ‘C’
S/o Shri Pratap Singh
R/o VPO Tankri, Tehsil Bawal,
Rewari, Haryana – 123412.
3. Balraj
Sepoy – Group ‘C’
S/o Shri Rajbir
R/o VPO M.P. Majra,
Tehsil Beri, District Jhajjar,
Haryana – 124133.
4. Satyender Kumar
Sepoy – Group ‘C’
S/o Shri Sharda Prasad
R/o Village Daleeppur, PO Jugrajpur,
District Kanpur, Uttar Pradesh – 209304.
5. Sandeep Kumar
Sepoy – Group ‘C’
S/o Shri Brijlal
R/o Ward No. 12, Shyampura Charanwas,
Malsar, Jhunjhunu, Rajasthan – 333021.
6. Dharmender
Sepoy – Group ‘C’
S/o Shri Ajit Singh
R/o Village Jatwara, PO Dhakla,
District Jhajjar, Haryana – 124109.
7. Pradeep Mahla
Sepoy – Group ‘C’
S/o Shri Kartar Singh
2026.10.19
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
2
R/o Uttam Colony, Gali No. 3,
Bahadurgarh, Haryana – 124507.
…Applicants
(By Advocates: Mr. Rohit Bhagat)
VERSUS
1. Union of India
Through the Secretary,
Ministry of Home Affairs,
North Block, New Delhi – 110011.
2. Union of India
Through the Secretary,
Ministry of Finance,
Department of Expenditure,
North Block, New Delhi – 110011.
3. Union of India
Through the Secretary,
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training,
North Block, New Delhi – 110011.
4. The Director General
Narcotics Control Bureau,
West Block No. 1, Wing No. 5,
RK Puram, New Delhi - 110066
- Respondents
(By Advocate: Mr. Bijendra Singh Sharma)
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
3
O R D E R
Per Harvinder Kaur Oberoi, Member (J):
MA No. 4358/2023 for joining together in a single Application
is allowed for the reasons stated therein.
2. The present Original Application has been filed challenging the
order dated 06.10.2023, whereby the claim of the applicants for
revision of pay attached to the post of Sepoy in the Narcotics Control
Bureau (NCB) from Pay Level-1 (Grade Pay of ₹ 1,800) to Pay Level-3
(Grade Pay of ₹ 2,000), at par with similarly placed Constables in
other Central Police Organisations/Central Armed Police Forces
(CAPFs), has been rejected.
3. The applicants are working as Sepoys in the NCB and were
recruited through the prescribed recruitment process. Their
grievance is that the recruitment standards, educational
qualifications, physical and medical standards, nature of duties,
functional responsibilities and working conditions attached to their
posts are substantially similar to those applicable to Constables in
other organisations under the Ministry of Home Affairs, yet they
continue to receive a lower pay scale. The applicants perform various
operational and enforcement-related duties, including assistance in
surveillance and interdiction operations, destruction of illicit
cultivation, deposit of samples, court-related duties and security
duties. In support of their claim, they have placed reliance upon the
security duty chart annexed as Annexure A/5 (page 91 of the OA).
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
4
4. The applicants have further relied upon the departmental
proposals forwarded by the Assistant Director (Administration), NCB,
seeking revision of the pay of Sepoys/Havaldars and parity with the
corresponding posts of Constables/Head Constables in other
organisations. The relevant documents have been placed on record as
Annexure A/13 (pages 117–122 of the OA). According to the
applicants, the departmental records themselves acknowledge the
existence of a pay anomaly and disparity. It has also been pointed
out that the posts of Multi-Tasking Staff (MTS), Sepoy and Havaldar,
despite their different hierarchical positions and responsibilities,
have been placed in the same Grade Pay of ₹ 1,800.
5. The applicants contend that the impugned order does not
adequately address their substantive grievance and rejects their
claim on vague and unsustainable grounds, principally by shifting
the responsibility to the Department of Expenditure and stating that
the proposal could not be agreed to. They have also relied upon the
Recruitment Rules applicable to Constables in the Central Reserve
Police Force (CRPF), which prescribe a Grade Pay of ₹ 2,000 while
requiring matriculation as the educational qualification and direct
recruitment as the mode of recruitment. The applicants submit that
the educational, physical and medical standards prescribed for the
said posts are substantially similar to those applicable to Sepoys in
the NCB. They have further relied upon the Staff Selection
Commission Notice dated 21.07.2018 to demonstrate the similarity
in educational qualifications and physical and medical standards
applicable to Constables/Sepoys in CAPFs and Central Police
Organisations.
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
5
6. The applicants have also placed reliance upon the judgment of
the Hon'ble Supreme Court in Randhir Singh v. Union of India ,
(1982) 1 SCC 618, the judgment in Nehru Yuva Kendra Sangathan
v. Rajesh Mohan Shukla , (2007) 6 SCC 9, and other judicial
precedents, including Union of India v. Munshi Ram , Civil Appeal
No. 2811 of 2022, decided on 31.10.2022; S.N. Taneja v. State of
U.P. & Ors . , W.P. No. 4180 (S/B) of 1990, decided on 31.08.2010;
and State of U.P. v. Arvind Kumar Srivastava & Ors. , (2015) 1
SCC 347. They have also relied upon the judgment dated 26.02.2019
passed by the Hon'ble High Court of Delhi in W.P. (C) No.
8006/2013, Constable (GD) Jitender Singh & Ors. v. Union of
India & Ors . , concerning revision of pay of Constables in the
National Crime Records Bureau (NCRB) from Pay Level-1 to Pay
Level-3. According to the applicants, the said decision constitutes
relevant comparative material, particularly as the NCRB also
functions under the Ministry of Home Affairs. On these grounds, the
applicants seek quashing of the impugned order and grant of the
claimed pay parity.
7. Learned counsel for the applicants submitted that the issue
involved in the present OA is required to be examined with reference
to the nature and quality of duties, responsibilities, recruitment
standards, qualifications and service conditions attached to the
respective posts, and not merely on the basis of the nomenclature of
the post, namely, “Sepoy” or “Constable”. It was contended that the
applicants have specifically pleaded and placed material on record to
establish that the recruitment process and the physical and medical
standards applicable to Sepoys in the NCB are substantially similar
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
6
to those prescribed for Constables in CAPFs and other Central Police
Organisations. Their duties are also operational and enforcement-
oriented and cannot be equated with ordinary ministerial or office
duties.
8. Learned counsel further submitted that the applicants are not
claiming pay parity merely because another post carries the
designation of Constable, but on the basis of substantial similarity in
recruitment standards, duties, responsibilities and working
conditions, coupled with the continuing disparity in pay. It was
argued that the respondents' contention that posts carrying Grade
Pay of ₹ 1,800 in the Government of India are required to be filled by
candidates possessing the minimum qualification of matriculation is
misconceived. In this regard, learned counsel referred to the
Recruitment Rules applicable to Constables in the CRPF, which
prescribe matriculation as the educational qualification and direct
recruitment as the mode of recruitment, while providing for a higher
₹
Grade Pay of 2,000. It was, therefore, contended that the
educational qualification and mode of recruitment, by themselves,
cannot justify the disparity in pay.
9. Learned counsel placed reliance upon Randhir Singh v.
Union of India (supra), wherein the Hon'ble Supreme Court
recognised the principle of equal pay for equal work as a
constitutional goal flowing from Articles 14 and 16 of the
Constitution of India. It was submitted that where employees perform
substantially comparable duties and responsibilities, an
unreasonable classification resulting in disparity in pay cannot be
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
7
sustained in the absence of a rational basis. Learned counsel argued
that the respondents have failed to identify any cogent distinction in
the actual duties and responsibilities of the applicants that would
justify their continued placement in Pay Level-1 while corresponding
Constable posts are placed in Pay Level-3.
10. Reliance was also placed upon Nehru Yuva Kendra
Sangathan v. Rajesh Mohan Shukla (supra) to contend that the
source or mode of recruitment, by itself, cannot furnish a sufficient
basis for denying comparable pay where the duties and functions
performed are substantially similar. Learned counsel submitted that
the respondents' reliance upon the percentage of vacancies filled
through direct recruitment does not adequately address the
applicants' grievance, particularly when the applicants have been
recruited through a prescribed process and are performing
operational duties involving enforcement and security
responsibilities.
11. Learned counsel further referred to the departmental proposals
forwarded by the NCB itself for revision of the pay of
Sepoys/Havaldars and for bringing their pay at par with the
corresponding posts in other organisations. It was contended that
these proposals, together with the averments made by the
respondents in paragraphs 4.6 and 4.15 of their counter affidavit,
demonstrate that the existence of the anomaly and disparity has
been acknowledged in the departmental record. Despite this, the
applicants' claim has been rejected without furnishing any
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
8
satisfactory or rational explanation for maintaining the existing
disparity.
12. Learned counsel also relied upon the judgment dated
26.02.2019 passed by the Hon'ble High Court of Delhi in Constable
(GD) Jitender Singh & Ors. v. Union of India & Ors. (supra),
pursuant to which the pay of Constables in the NCRB was revised
from Pay Level-1 to Pay Level-3. It was submitted that the said
decision is a relevant precedent for examining the applicants' claim,
particularly in view of the fact that both organisations function under
the Ministry of Home Affairs and the applicants claim similarity in
recruitment standards and responsibilities. Learned counsel
additionally contended that the duties performed by the applicants
are more rigorous and operational in nature, whereas the duties
performed by Constables in the NCRB are stated to be comparatively
less demanding and predominantly office-oriented.
13. On the strength of the aforesaid submissions and judicial
precedents, learned counsel argued that the impugned order suffers
from a failure to properly consider the relevant material and does not
disclose any rational basis for denying the applicants the claimed pay
parity. It was, accordingly, prayed that the OA be allowed and
appropriate directions be issued to the respondents to revise the pay
of the applicants from Pay Level-1 to Pay Level-3, at par with
similarly placed Constables in other Central Police
Organisations/CAPFs, along with consequential benefits.
14. Learned counsel for the respondents has filed the counter
affidavit and submitted that the applicants were appointed as Sepoys
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
9
in the Narcotics Control Bureau (NCB) through direct recruitment by
the Staff Selection Commission in accordance with the applicable
Recruitment Rules, which prescribe Pay Level-1 ( ₹ 18,000–56,900). It
was submitted that the NCB (Sepoy) Recruitment Rules, 2018, as
amended in 2021, continued to prescribe the same pay level.
15. Learned counsel further submitted that the proposal for
upgradation of the pay of Sepoys and Havaldars from Pay Level-1 to
Pay Level-3, at par with corresponding posts in CAPFs and other
Central Police Organisations, had been taken up repeatedly with the
Ministry of Home Affairs and the Department of Expenditure,
Ministry of Finance. However, the Department of Expenditure did not
agree to the proposal, inter alia, on the ground that 80% of the
vacancies of Sepoys were filled through direct recruitment, whereas
the upgradation of pay of Constables in the National Crime Records
Bureau (NCRB) had been agreed to because those posts were filled
through deputation/absorption from CAPFs/CPOs, where the
₹
personnel were already drawing the higher Grade Pay of 2,000
under the Sixth Central Pay Commission structure.
16. It was further submitted that the Tribunal, in OA No.
2029/2023, had directed the respondents only to treat the
applicants' claim as a representation and decide the same by passing
a reasoned and speaking order, without expressing any opinion on
the merits of the matter. In compliance thereof, the impugned
speaking order dated 06.10.2023 was issued. Learned counsel also
referred to the various proposals forwarded by the NCB and the
Ministry of Home Affairs between 2016 and 2024, submitting that
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
10
despite repeated efforts, the Department of Expenditure had not
agreed to the proposed pay upgradation and that the outcome of the
subsequent communication addressed by the Union Home Secretary
to the Secretary, Department of Expenditure, was awaited.
17. Learned counsel contended that the respondents had
consistently followed the applicable Recruitment Rules and that the
applicants were aware of the prescribed pay scale at the time of their
recruitment. It was further submitted that the security duty chart
relied upon by the applicants pertained to the NCB Headquarters,
where only four Sepoys were deployed on security duty and adequate
rest was provided during their 12-hour duty. Accordingly, the
respondents maintained that the applicants had no enforceable claim
to the higher pay level and prayed for dismissal of the OA.
18. We have carefully considered the rival submissions and
perused the pleadings and documents placed on record.
19. It emerges from the counter affidavit filed by the respondents
that the proposal for upgradation of the pay of Sepoys and Havaldars
of the Narcotics Control Bureau (NCB) from Pay Level-1 to Pay Level-
3 has been under consideration at various levels since 2016. The
respondents have themselves acknowledged that the matter was
repeatedly taken up by the NCB and the Ministry of Home Affairs
with the Department of Expenditure, Ministry of Finance, for
bringing the pay of these personnel at par with the corresponding
posts in other Central Police Organisations/Central Armed Police
Forces. The departmental proposals placed on record, particularly
2026.10.19
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
11
Annexure A/13, further demonstrate that the issue of pay disparity
has been recognised and pursued by the department itself.
20. The material on record, including the applicable recruitment
standards, educational qualifications, physical and medical
standards, and the nature of duties and responsibilities attached to
the posts, lends support to the applicants’ contention that they are
similarly placed, in material respects, to the corresponding
Constables in other Central Police Organisations/CAPFs. The
respondents have not satisfactorily demonstrated, on the basis of the
material placed before us, any distinguishing feature of sufficient
significance to justify the continued disparity in pay. The objection
founded principally upon the mode of recruitment, particularly the
distinction between direct recruitment and deputation/absorption,
cannot by itself be regarded as conclusive when the claim is founded
upon the nature of duties, responsibilities and recruitment standards
applicable to the respective posts.
21. We also take note of the judgment dated 26.02.2019 passed by
the Hon’ble High Court of Delhi in Constable (GD) Jitender Singh &
Ors. v. Union of India & Ors. , concerning the revision of pay of
Constables in the National Crime Records Bureau from Pay Level-1
to Pay Level-3. Although the claim of the present applicants is
required to be examined in the context of their own service conditions
and applicable Recruitment Rules, the said judgment constitutes
relevant comparative material which the respondents were required
to consider meaningfully. The departmental proposals and the
respondents’ own pleadings, read together with the other material on
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1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
12
record, reinforce the applicants’ contention that the existing disparity
requires correction.
22. The principle of equal pay for equal work, as explained by the
Hon’ble Supreme Court in Randhir Singh v. Union of India , (1982)
1 SCC 618, requires the State to ensure that any differentiation in
pay between employees performing substantially comparable duties
is founded upon relevant and rational considerations. While the
determination of pay structures ordinarily falls within the domain of
the executive and expert pay commissions, such determination
remains subject to constitutional requirements of equality and non-
arbitrariness. In the present case, the respondents’ own efforts to
secure pay upgradation, coupled with the comparative material
placed on record, make it necessary to address the applicants’
grievance under the existing pay framework rather than leave it
unresolved indefinitely.
23. We further note that the Office Memorandum dated
12.10.2026 records that the Department of Expenditure, vide its ID
Note dated 26.05.2026, advised that the recommendations of the
Eighth Central Pay Commission may be awaited, as the
comprehensive proposal concerning the executive cadre of the NCB
was under consideration in that context. It is also recorded that the
Ministry of Home Affairs, with the approval of the Union Home
Secretary, requested reconsideration of the proposal on 07.09.2026
and that the matter remains under consideration before the
Department of Expenditure.
2026.10.19
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1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
13
24. In our considered view, the reference of the comprehensive
proposal to the Eighth Central Pay Commission forms part of the
general exercise of examining and revising the pay structure of
Central Government employees. The said exercise is intended to
consider the overall pay structure, cadre requirements and related
service matters. It cannot, however, be construed as a ground to
perpetuate an otherwise unjustified disparity under the existing
Seventh Central Pay Commission framework. The general exercise
before the Eighth Central Pay Commission and the applicants’ claim
for correction of the existing pay disparity are matters which, though
related, operate in distinct contexts. The former concerns the
prospective and comprehensive revision of pay, whereas the latter
concerns the appropriate treatment of the applicants under the pay
structure presently applicable.
25. Having regard to the respondents’ pleadings, the departmental
proposals and the comparative material placed on record, we are of
the view that the applicants cannot be denied parity merely because
the comprehensive proposal concerning the NCB executive cadre is
awaiting consideration in the context of the Eighth Central Pay
Commission. The applicants are required to be treated at par with
similarly situated personnel in the corresponding posts, subject to
the applicable service conditions and the determination of the
appropriate corresponding pay level under the Seventh Central Pay
Commission framework. The competent authorities cannot avoid
their obligation to address the existing disparity by relying solely
upon the pendency of a general pay-revision exercise.
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CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
14
26. Accordingly, the Original Application is allowed to the extent
indicated herein. The impugned order dated 06.10.2023 is set aside.
The respondents are directed to extend to the applicants the benefit
of pay parity with the corresponding similarly situated Constables in
other Central Police Organisations/CAPFs by placing them in the
₹
corresponding Pay Level-3, equivalent to Grade Pay of 2,000 under
the Seventh Central Pay Commission framework, subject to
verification of the applicants’ eligibility and the applicable service
conditions. The necessary consequential pay fixation shall be
undertaken by the competent authority in accordance with the
applicable rules.
27. The respondents shall determine the effective date for
extending the aforesaid benefit with reference to the date from which
the corresponding similarly situated personnel became entitled to the
higher pay level, after examining the applicable orders and relevant
service records. The consequential monetary benefits shall thereafter
be calculated and released in accordance with law. The necessary
exercise shall be completed within a period of three months from the
date of receipt of a copy of this order.
28. It is further directed that the comprehensive proposal
concerning the pay structure and cadre-related requirements of the
NCB executive cadre, including the posts of Sepoy and Havaldar,
shall be pursued by the respondents before the competent
authorities and placed before the Eighth Central Pay Commission,
wherever required under the applicable procedure, as part of the
general exercise of pay revision and consideration of cadre-related
2026.10.19
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1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5
15
matters. The consideration of such proposal by the Eighth Central
Pay Commission shall be independent of, and shall not be used to
defer or deny, the benefit directed to be extended to the applicants
under the existing Seventh Central Pay Commission framework.
29. The respondents shall ensure compliance with the aforesaid
directions within the stipulated period. There shall be no order as to
costs. MA No. 4106/2026 also stands disposed of accordingly.
(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi)
Member (A) Member (J)
/lg/
2026.10.19
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11:05:47
GOSAIN
+05'30'
1
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
OA No.198/2017
Reserved on: 14.01.2026
Pronounced on: 04.02.2026
Hon’ble Ms. Harvinder Kaur Oberoi, Member (J) Hon’ble Dr. Sumeet Jerath, Member (A)
Balwan Singh Mehta, S/o Sh. Prem Raj, Lab. Supdt. In Northern Railway,
Central Hospital, New Delhi, Aged about 47 years, R/o 158/16, Railway Colony, Basant Road, New Delhi-55 - Applicant
(By Advocate: Mr. Anil Singal)
VERSUS
1. Union of India,
Through its Secretary, Ministry of Railways, Rail Bhawan,
2. New Delhi General Manager (P),
Northern Railway, Baroda House, New Delhi
3. Railway Recruitment Board (Allahabad)
Through its Chairman, DRM Office Complex,
4. Nawab Yusuf Road, Allahabad DRM (P)
Northern Railway, Lucknow, UP
5. Mahesh Chandra Bhimavad,
Working as Lab. Supdt. Sub Divisional Railway Hospital,
6. Itarasi, MP Mahavir Pandit, working as Lab. Supdt.,
Northern Railway Divisional Hospital,
7. Lucknow, UP Kulbhushan Doval, Working as Lab. Supdt.,
Northern Railway Divisional Hospital, Lucknow, UP - Respondents
(Mr. Pradeep Kr. Sharma, Mr. Piyush Gaur for respondents 1 to 4, Mr. Somnath Bhattacharya with Mr. Pradeep Tripathi for respondents 4 & 5