Eligibility for functional grades under DoPT OMs prevails if acquired prior to the notification of new recruitment rules.

The applicant was appointed as a Deputy Architect (Group ‘A’) in the Department of Telecommunication on February 13, 1995, and was later absorbed into BSNL on October 1, 2000

He was promoted to the post of Architect on a regular basis on September 9, 2004, and subsequently to Senior Architect (adhoc) on December 1, 2008

He sought the grant of a functional CDA pay scale (Rs. 14,300–18,300) effective from December 1, 2008, based on a Department of Personnel & Training (DoPT) Office Memorandum (OM) dated December 29, 2010, which granted such scales to Superintending Engineers (equivalent to Senior Architect) upon completing 13 years of Group ‘A’ service

Consequently, he sought the E9 pay scale from January 1, 2013, instead of January 1, 2015

The respondents rejected his representation on October 1, 2015, arguing that the BSNL Management Services (MS) Recruitment Rules (RR), 2009, which came into effect on June 11, 2009, governed his promotions and that he did not qualify for retrospective benefits under the DoPT OM

1. Whether the applicant is entitled to the functional grade of Rs. 14,300–18,300 with effect from December 1, 2008, in accordance with the DoPT OM dated December 29, 2010

2. Whether the applicant's placement in the E9 pay scale (Additional General Manager) should be advanced to January 1, 2013, based on the revised date of his previous functional promotion

The court applied the DoPT OM No. 22/1/2000-CRD dated December 29, 2010, which mandated the conversion of non-functional scales to "functional" grades for Superintending Engineers and equivalents in Organised Group ‘A’ Engineering Services upon completion of 13 years of regular Group ‘A’ service and 4 years in the Executive Engineer grade

It further applied the BSNL MS RR 2009 (Schedule-I B), which stipulates that an Executive in the Joint General Manager grade is eligible for promotion to the Additional General Manager grade (E9 scale) upon completing 4 years of service in the lower grade

The court also relied on the principle of parity, ensuring that members of the same Organised Group ‘A’ Engineering Service are treated equally regarding pay scale eligibility

The Tribunal found that the applicant completed the required 13 years of regular Group ‘A’ service and 4 years in the Architect grade (equivalent to Executive Engineer) in the year 2008

Crucially, the BSNL MS RR 2009 only became effective on June 11, 2009; therefore, the applicant had already acquired eligibility for the functional grade under the prevailing DoPT OM prior to the enforcement of the new BSNL rules

The Tribunal rejected the respondents' contention that the applicant was not similarly situated to his peer, Rajeev Sharma, noting that both belonged to the Organised Group ‘A’ Engineering Services and were thus covered by the same DoPT mandate

The court concluded that since the applicant was entitled to the functional grade from December 1, 2008, his subsequent residency period for the E9 scale must be calculated from that earlier date under the BSNL MS RR 2009

It held that the applicant is entitled to the functional grade of Rs. 14,300–18,300 with effect from December 1, 2008

The respondents were directed to grant this grade and consequently consider advancing the date of the applicant’s placement in the Additional General Manager (E9) scale in accordance with BSNL MS RR 2009 within three months of the order