JUDGMENT : N. Unni Krishnan Nair, J. Heard Mr. Parswajyoti Das Nair, along with Mr. H. Rohman, learned counsels, appearing on behalf of the appellants. Also heard Ms. A. Gayan, learned CGC, appearing on behalf of all the respondents. 2. The present intra-Court appeal has been instituted by the appellants, herein, assailing the judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013. 3. The facts, in brief, requisite for adjudication of the issue arising in the present proceeding, is noticed, as under: The appellants No. 1 & 2, herein, were appointed as Store Supervisor Grade-II, on 18.05.1995 and 12.06.1998, respectively, in the Border Roads Organization(BRO). On their such induction against the post of Store Supervisor Grade-II; the appellants, herein, were authorized a pay scale of Rs. 4000-6000/- p.m.. On the appellants, herein, being recruited against the post of Store Supervisor Grade-II, their service conditions were regulated under the provisions of the General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982. In terms of the provisions of the said Rules of 1982, recruitment to the post of Store Supervisor Grade-II, was stipulated to be so made by way of direct recruitment to the extent of 25% of the posts figuring in the cadre and rest 75% of the posts figuring in the cadre by way of promotion from the cadres of Storekeeper(Technical)/Storeman(Technical)/ Storekeeper Gd-II, with the requisite qualification and residency of service. For direct recruitment to the cadre of Store Supervisor Grade-II, in terms of the provisions of the General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982, it was mandated that the intending candidate must possess a Diploma in Materials Management or Inventory Control or Stores Keeping from recognised institution; OR, Diploma in Mechanical/Automobile/ Telecommunication Engineering or equivalent; OR, Matriculate or equivalent Passed Class I course for Storeman Technical as laid down in Defence Service Regulations Qualification Regulations for Soldiers. The appellants, herein, who are Diploma holders in Engineering, were appointed to the cadre of Store Supervisor Grade-II, as direct recruits. The 6 Central Pay Commission, in its report, recommendations came to be made for upgradation of the pay scale of the post of Overseer(Civil) as well as the post of Superintendent Grade-II to the pay scale of Rs. 5000- 8000/- p.m.(diploma scale of pay)(pre-revised). The 6 Central Pay Commission, in its report, recommendations came to be made for upgradation of the pay scale of the post of Overseer(Civil) as well as the post of Superintendent Grade-II to the pay scale of Rs. 5000- 8000/- p.m.(diploma scale of pay)(pre-revised). The said recommendations also mandated that other posts similarly placed like that of the post of Superintendent Gd-II, carrying minimum qualification of Diploma in Engineering, should also be extended the diploma scale of pay of Rs. 5000-8000/- p.m.. The said recommendations as made by the 6th Central Pay Commission was so made by reiterating similar recommendations made by the 5th Central Pay Commission for placing all posts wherein the minimum entry level qualification for direct recruitment, was prescribed as Diploma in Engineering. The diploma scale of pay not being authorized to the posts of the Store Supervisor Grade-II; the appellants, herein, approached the respondents, herein, by way of submission of representations. The representations submitted by the appellants, herein, were considered by the Border Roads Development Board and vide a Note, dated 28.07.2010, their such claim was rejected on the ground that the Recruitment Rules having prescribed qualification in addition to the Diploma in Engineering for the purpose of direct recruitment to the said cadre and only a few posts being so permissible to be filled-up by way of direct recruitment; the said post was held to be not eligible to be authorized the diploma scale of pay of Rs. 5000-8000/- p.m. and the replacement scale of pay under the 6 Central Pay Commission of Rs. 9300-34800/- p.m. along with Grade Pay of Rs. 4200/-. Further, the 6th Central Pay Commission while considering the pay required to be attached to the posts of Store Supervisor Grade-I and Grade-II, had concluded that upgrading the pay scales of Store Supervisor Grade-II, would disturb the existing hierarchical pattern and accordingly, the claim of the incumbents in the cadre of Store Supervisor Grade-II for being authorized the diploma scale of pay; was not accepted. Being aggrieved, the appellants, herein, as petitioners, had approached the writ Court by way of instituting a writ petition being WP(c)10(AP)2013. Being aggrieved, the appellants, herein, as petitioners, had approached the writ Court by way of instituting a writ petition being WP(c)10(AP)2013. The learned Single Judge after noticing the submissions as made by the learned counsels appearing for the parties to the proceeding, proceeded to non-suit the appellants, herein, by concluding that if the scale of pay of Store Supervisor Grade-II holding Diploma in Engineering, are enhanced in terms of the recommendations of the 6th Central Pay Commission, there would be a disparity in the pay scale of other employees figuring in the cadre of Supervisor Stores Grade-II who do not possess the educational qualification of Diploma in Engineering. The learned Single Judge further concluded that the prayer of the appellants, herein, if allowed, the same would result in more than 1(one) scale of pay being authorized to the incumbents in the cadre of Supervisor Stores Grade-II, which was held to be impermissible. Accordingly, the claim of the appellants, herein, came to be rejected and the writ petition being WP(c)10(AP)2013, was dismissed holding it to be devoid of any merit. Being aggrieved, the appellants, herein, have instituted the present intra-Court appeal before this Court. 4. The judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013, being under challenge in the present proceeding; the operative portion, thereof, is extracted hereinbelow: “ 6. The General Reserve Engineer Force - Group 'C' and Group 'D' Recruitment Rules, 1982, provides that essential qualification for appointment of Supervisor Stores is Diploma in Mechanical/ Automobile/Telecommunication Engineering apart from other qualifications prescribed therein. There is no dispute on the fact that the petitioner Nos. 1 & 2, at the time of their appointment as Supervisor Stores Grade-II, were holding Diploma in Automobile & Mechanical Engineering, respectively. To that extent, it appears that the petitioners' minimum educational qualification of Diploma in Engineering, while they were appointed as Supervisor Stores Grade-II, coalesce with the recommendation of the 6 th Central Pay Commission, which, while recommending the enhancement of the pay scale of Superintendent Grade-II, provided that other posts similarly placed and carrying minimum qualification of Diploma in Engineering should also be extended this pay scale, i.e. Rs. 5000-8000 (pre-revised). 5000-8000 (pre-revised). However, on perusal of the Recruitment Rule, namely, the General Reserve Engineer Force - Group 'C' and Group 'D' Recruitment Rules, 1982, which governs the appointment of Supervisor Stores Grade-II, It appears that the essential qualification for appointment to the post of Supervisor Stores Grade-II, apart from Diploma in Mechanical/Automobile/Telecommunication Engineering, there are other sets of qualifications provided, namely, Diploma in Materials Management or Inventory Control or Stores Keeping from recognized institution or Matriculate or equivalent passed Class-1 Course for Store-man Technical as laid down in Defence Service Regulations Qualification Regulations for Soldiers, which means and would go to show that in the cadre of Supervisor Stores Grade-II, other than person with Diploma in Mechanical/Automobile/Telecommunication, there will be hosts of other employees who may not have Diploma in Engineering but may have other qualifications prescribed under the Recruitment Rules and entered into the cadre of Supervisor Stores Grade-II by means of either direct recruitment or by means of promotion from the lower grade. The Supervisor Stores Grade-II, therefore, would comprise of persons with varied educational qualifications and accordingly, if the pay scale of the Supervisor Stores Grade-II holding Diploma in Engineering, are enhanced in terms of the recommendation of the 6 th Central Pay Commission, as contended by the petitioners, there will be a disparity in the pay scale of other employees of Supervisor Stores Grade-who does not possess the educational qualification of Diploma in Engineering. Therefore, if the prayer made by the petitioner is allowed, there will be more than 1 (one) scale of pay of the same cadre in the Supervisor Stores Grade-which, in the considered view of this Court, would not be permissible. In the view of the matter, prayer made by the petitioners for enhancement of their pay scale in the post of Supervisor Stores Grade-II on the basis of their educational qualification of Diploma in Engineering alone, on the basis of recommendation made by the 6th Central Pay Commission, cannot be allowed for the reasons stated hereinabove. The writ petition, accordingly, stands dismissed being devoid of merit.” 5. Assailing the judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013; Mr. The writ petition, accordingly, stands dismissed being devoid of merit.” 5. Assailing the judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013; Mr. Nair, learned counsel appearing for the appellants, herein, by referring to the General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982, has submitted that the same also mandates possession of Diploma in Engineering as one of the requisite qualification for direct recruitment to the cadre of Store Supervisor Grade-II. The learned counsel has further submitted that the alternative qualification as mandated in the said Recruitment Rules of 1982, for recruitment to the cadre of Store Supervisor Grade-II, are equivalent qualifications. The learned counsel has submitted that in terms of the recommendations of the 5th Central Pay Commission, all posts wherein an element of direct recruitment is provided for and the minimum qualification is prescribed as Diploma in Engineering; the diploma scale of pay of Rs. 5000-8000/- p.m., was to be authorized. However, the said benefit was not extended to various posts figuring in the Border Roads Organization(BRO) including the posts figuring in the cadre of Store Supervisor Grade-II. 6. Mr. Nair, learned counsel, by referring to the 6 Central Pay Commission report pertaining to the Border Roads Organization(BRO), more particularly, the observations made therein, with regard to the posts of Overseer(Civil) and Superintendent Gd-II, has submitted that the Pay Commission by noticing that the Recruitment Rules holding the field having mandated Diploma in Engineering as the minimum qualification for direct recruitment to the said cadres; the said posts were required to be authorized the diploma scale of pay of Rs. 5000-8000/-p.m.(pre-revised) and consequently, the revised scale of pay of Rs. 9300-34800/- p.m. along with Grade Pay of Rs. 4200/-, was required to be so authorized. 7. Mr. Nair, learned counsel, has submitted that the 6 Central Pay Commission, while considering the pay, required to be authorized to the posts figuring in the cadre of Superintendent Grade-II, had also made an observation that other posts similarly placed and carrying minimum qualification of Diploma in Engineering should also be extended the diploma scale of pay. 7. Mr. Nair, learned counsel, has submitted that the 6 Central Pay Commission, while considering the pay, required to be authorized to the posts figuring in the cadre of Superintendent Grade-II, had also made an observation that other posts similarly placed and carrying minimum qualification of Diploma in Engineering should also be extended the diploma scale of pay. The learned counsel has further submitted that while the 6th Central Pay Commission had drawn the said conclusion with regard to the posts figuring in the cadres of Overseer(Civil) and Superintendent Gd-II figuring in the Border Roads Organization(BRO); similar benefit was not extended to the cadre of Store Supervisor Grade-II, only on the ground that upgrading the pay scale of Store Supervisor Grade-II, would disturb the existing hierarchical pattern. 8. Mr. Nair, learned counsel, has submitted that the said conclusion of the 6th Central Pay Commission, is clearly erroneous, in-as-much as, it is the principle adopted by both the 5th Central Pay Commission as well as the 6th Central Pay Commission that posts having an element of direct recruitment with minimum qualification for which is prescribed as Diploma in Engineering; the diploma scale of pay was mandated to be so authorized. The learned counsel has further submitted that the Border Roads Development Board while considering the grievance of the direct recruits with Diploma in Engineering, working in the cadre of Store Supervisor Grade-II; had proceeded to reject their claim for being authorized the diploma scale of pay only on the ground that a few posts in the said cadre, were permissible to be so recruited by way of direct recruitment with the Diploma in Engineering qualification. The learned counsel has submitted that the said conclusion drawn by the Border Roads Development Board in the Note, dated 28.07.2010, is clearly perverse, in-th as-much as, the principle laid down by both the 5 Central Pay Commission and the 6th Central Pay Commission, mandates that where there is an element of direct recruitment with the prescription of the qualification of Diploma in Engineering; the diploma scale of pay is automatically attached. 9. Mr. 9. Mr. Nair, learned counsel, has further submitted that the learned Single Judge, had, in the impugned judgment & order, dated 20.01.2022, in WP(c)10(AP)2013, accepted that the minimum educational qualification of Diploma in Engineering possessed by the petitioners, herein, coalesce with the recommendations of the 6th Central Pay Commission which while recommending the enhancement of pay scale of Superintendent Gd-II provided that other posts, similarly placed and carrying minimum qualification of Diploma in Engineering; should also be extended the diploma scale of pay of Rs. 5000-8000/- p.m.(pre-revised). The learned counsel has, however, submitted that the learned Single Judge non-suited the appellants, herein, on an erroneous consideration that in the event, the diploma scale of pay is authorized to them in terms of the recommendations of the 6th Central Pay Commission; there would arise a situation, wherein, there would be more than 1(one) scale of pay authorized to the posts figuring in the cadre of Store Supervisor Grade-II, which was held to be impermissible. 10. Mr. Nair, learned counsel, has submitted that the learned Single Judge had drawn the said conclusion by noticing that in the cadre; there also existed employees who did not possess the educational qualification of Diploma in Engineering. The learned counsel by placing reliance on the decision of this Court in the case of Ghanashyam Vishwakarma v. Director General, Border Roads Organization & ors. [WP(c)51/2009], has submitted that the petitioner, therein, who figured in the cadre of Overseer(Civil) and did not have a Diploma in Engineering qualification on being deprived of the diploma scale of pay of Rs. 5000-8000/- p.m.(pre- revised), had approached the writ Court by way of instituting the said writ petition. The learned Single Judge on consideration of the matter vide judgment & order, dated 10.09.2010, was pleased to allow the said writ petition with a direction that the petitioner, therein, being an incumbent in the cadre of Overseer(Civil) would also be entitled to the diploma scale of pay that was so authorized to the direct recruit Diploma holders in the cadre of Overseer (Civil). 11. Mr. Nair, learned counsel, has, accordingly, submitted that the judgment & order, dated 10.09.2010, passed by the learned Single Judge in WP(c)51/2009, was assailed by the respondents, herein, by way of instituting a writ appeal being WA No. 19/2010. The said writ appeal, on consideration, was dismissed by a co-ordinate Bench of this Court vide order, dated 18.03.2011. 11. Mr. Nair, learned counsel, has, accordingly, submitted that the judgment & order, dated 10.09.2010, passed by the learned Single Judge in WP(c)51/2009, was assailed by the respondents, herein, by way of instituting a writ appeal being WA No. 19/2010. The said writ appeal, on consideration, was dismissed by a co-ordinate Bench of this Court vide order, dated 18.03.2011. The learned counsel has further submitted that the incumbent non-Diploma holders figuring in the cadre of Charge Mechanic, had also approached the writ Court by way of instituting a writ petition being WP(c)3756/2009 [ Pramod Singh & ors. v. Union of India & ors. ], praying for being extended with the diploma scale of pay. The learned counsel has submitted that the learned Single Judge vide order, dated 01.02.2011, was pleased to allow the said writ petition by directing the respondents, herein, to extend to the non-Diploma Charge Mechanics, the diploma scale of pay by holding that both the direct recruit Diploma holders and the promotee non-Diploma holders figuring in the cadre of Charge Mechanic, were discharging similar nature of duties and shouldering the same responsibilities. The learned counsel has, accordingly, submitted that the decision of this Court in the case of Ghanashyam Vishwakarma (supra) and Pramod Singh & ors .(supra), would go to show that the conclusions drawn by the learned Single Judge vide judgment & order, dated 20.01.2022, in WP(c)10(AP)2013, to non-suit the appellants, herein, are clearly perverse and accordingly, the impugned judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013, would call for an interference. 12. Per contra, Ms. Gayan, learned CGC, appearing for the respondents, has submitted that the respondent authorities had not proceeded to authorize to the posts figuring in the cadre of Store Supervisor Grade-II; the diploma scale of pay as only a few numbers of posts figuring in the cadre, were permissible to be so filled-up by way of direct recruitment. The learned CGC has further submitted that a perusal of the Recruitment Rules holding the field, would go to reveal that it is not only the Diploma in Engineering that is mandated as the requisite qualification for recruitment against the cadre of Store Supervisor Grade-II, but, there are other non-Diploma qualifications also prescribed for the purpose. 13. Ms. The learned CGC has further submitted that a perusal of the Recruitment Rules holding the field, would go to reveal that it is not only the Diploma in Engineering that is mandated as the requisite qualification for recruitment against the cadre of Store Supervisor Grade-II, but, there are other non-Diploma qualifications also prescribed for the purpose. 13. Ms. Gayan, learned CGC, has, accordingly, submitted that the cadre of Store Supervisor Grade-II, in view of the Recruitment Rules holding the field, also having incumbents entering the cadre by way of direct recruitment, without possessing the Diploma in Engineering qualification; the authorization of diploma scale of pay to the said posts, would not be called for. The learned CGC, has further submitted that the authorization of pay scale to a particular post being a policy decision of the Government and the respondents, herein, having justified the non-authorization of diploma scale of pay to the posts figuring in the cadre of Store Supervisor Grade-II; the learned Single Judge had not committed any error in rejecting the claim raised by the appellants, herein, in WP(c)10(AP)2013, and accordingly, she has submitted that the said judgment & order, dated 20.01.2022, would not mandate an interference. 14. We have heard the learned counsels appearing for the parties and also perused the materials available on record. 15. It is not disputed that the appellants, herein, possessed the Diploma in Engineering qualification. The General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982, while providing for an element of direct recruitment to the cadre of Store Supervisor Grade-II; has provided in alternative that a Diploma holder in Engineering, would also be eligible for being recruited by way of direct recruitment to the cadre of Store Supervisor Grade-II. The 5th Central Pay Commission had in its recommendations provided that the posts wherein there is an element of direct recruitment with the prescription of minimum recruitment qualification of Diploma in Engineering; such posts ought to be authorized the scale of pay of Rs. 5000-8000/- p.m. (diploma scale of pay). The said recommendations was accepted by the Government. However, the same was not authorized to various cadres figuring in the Border Roads Organization (BRO) including the cadre of Store Supervisor Grade-II. 16. 5000-8000/- p.m. (diploma scale of pay). The said recommendations was accepted by the Government. However, the same was not authorized to various cadres figuring in the Border Roads Organization (BRO) including the cadre of Store Supervisor Grade-II. 16. The 6 Central Pay Commission in its recommendations pertaining to the Border Roads Organization(BRO) with regard to the posts of Overseer(Civil) and Superintendent Gd-II, in paragraphs No. 7.39.22 and 7.39.23, of its report, had observed as under: “ Overseer (Civil) 7.39.22 Higher pay scale has been demanded for the post of Overseer (Civil) in Border Roads Organisation on the ground that the minimum qualification for the post is Diploma in Engineering. The post carries minimum direct recruitment qualification of Diploma in engineering. These minimum qualifications had been prescribed in 1996. Fifth CPC, in their Report submitted in 1997, had recommended the scale of Rs.5000-8000 for all posts carrying minimum direct recruitment qualifications of Diploma in Engineering. This recommendation was accepted. The post should consequently have been extended the scale of Rs.5000-8000 w.e.f. 1.1.1996. This was, however, not done. The Commission, accordingly, recommends that the post of Overseer may be upgraded and merged with their promotional post of Superintendent BR Grade II (present scale Rs.4500-7000) and the combined cadre extended the scale of Rs.5000-8000. Since the Commission has recommended merger of the scales of Rs.5000- 8000, Rs.5500-9000 and Rs.6500-10500, the post will be placed in the revised Pay Band PB-2 of Rs.8700-34800 along with a grade pay of Rs.4200. Commission also advises the Government to implement this retrospectively from 1.1.1996, at least for the purposes of fixation of pay. Superintendent Grade II 7.39.23 The post of Superintendent Grade II in the Civil Engineering and Electrical & Mechanical Cadre has been extended the pay scale of Rs.4500-7000 even though the minimum qualifications of direct recruitment include diploma in Engineering. Fifth CPC had recommended placement of all posts requiring minimum entry level qualification for direct recruitment of Diploma in Engineering as Rs.5000-8000. Even though the recommendation was accepted by the Government, it has not been extended in respect of this post because only some of the posts are filled through direct recruitment. This is not the correct interpretation of Fifth CPC recommendation as per which all posts carrying minimum qualification of Diploma in Engineering for DRs had to be placed in the scale of Rs.5000-8000. This is not the correct interpretation of Fifth CPC recommendation as per which all posts carrying minimum qualification of Diploma in Engineering for DRs had to be placed in the scale of Rs.5000-8000. The post of Superintendent Grade II has an element of direct recruitment, minimum qualifications for which is Diploma in Engineering. The Commission, accordingly, recommends that the post of Superintendent Grade II may be placed in the Pay Band PB-2 of Rs.8700-34800 along with a grade pay of Rs.4200 corresponding to the pre-revised scale of R.5000-8000 that is now being merged with the scales of Rs.5500-9000 and Rs.6500-10500. Other posts similarly placed and carrying minimum qualification of diploma in Engineering should also be extended this pay scale.” 17. The 6th Central Pay Commission with regard to the posts of Store Supervisor Grade-I and Grade-II in paragraph No. 7.39.27 of its report, had observed as under: “ Store Supervisor Grade I and Grade II 7.39.27 Higher pay scales have been sought for the posts of Store Supervisor Grade I and Grade II. The posts are presently in the pay scales of Rs.5000-8000 and Rs.4000-6000 respectively. The next higher post above Store Supervisor Is that of Superintendent Stores and is placed in the scale of Rs.5500-9000. Upgrading the pay scales of Store Supervisor Grade II will disturb the existing hierarchical pattern, Insofar as the post of Supervisor Grade 1 is concerned, it will be placed in a higher scale as Commission has recommended merger of the scales of Rs.5000-8000, Rs.5500- 9000 and Rs.6500-10500. The posts of Supervisor Grade I and Superintendent, Stoves will, therefore, come to lie in an identical scale. These posts should be merged.” 18. A perusal of the recommendations of the 6 Central Pay Commission pertaining to the posts of Overseer(Civil), would go to reveal that the posts figuring in the said cadre, were required to be authorized the diploma scale of pay on the ground that there existed an element of direct recruitment to the posts figuring in the cadre with prescription of qualification of Diploma in Engineering. It was further provided that the 5th Central Pay Commission in its report, having recommended the scale of pay of Rs. It was further provided that the 5th Central Pay Commission in its report, having recommended the scale of pay of Rs. 5000-8000/-p.m. (pre-revised), for all posts carrying minimum direct recruitment qualification of Diploma in Engineering; the recommendations being accepted, the said diploma scale of pay was required to be authorized to the posts figuring in the cadre of Overseer(Civil). However, the same was not done. Accordingly, the 6th Central Pay Commission recommended that the said diploma scale of pay be authorized to the posts figuring in the cadre of Overseer(Civil) along with upgradation of the said scale of pay. 19. A perusal of the recommendations made by the 6 Central Pay Commission pertaining to the posts figuring in the cadre of Superintendent Grade-II of the Border Roads Organization(BRO); would reveal that the recommendations of the 5th Central Pay Commission, was not extended to the posts figuring in the said cadre although there was an element of direct recruitment, along with prescription of Diploma in Engineering qualification, only, on the ground that only some posts in the cadre were filled up by way of direct recruitment. The 6th Central Pay Commission proceeded to hold that this was not the correct interpretation of the 5th Central Pay Commission recommendations as per which all posts carrying minimum qualification of Diploma in Engineering for direct recruitment; had to be placed in the diploma scale of pay of Rs. 5000-8000/- p.m.(pre-revised). 20. Accordingly, the 6th Central Pay Commission having found that there was an element of direct recruitment to the cadre of Superintendent Grade- II with prescription of Diploma in Engineering qualification, for the purpose; the Pay Commission proceeded to recommend that the posts be placed in the diploma scale of pay and authorized to the posts figuring in the cadre of Superintendent Grade-II, the scale of pay of Rs. 5000-8000/- p.m.(pre- revised). While proceeding to make the said recommendations with regard to the posts figuring in the cadre of Superintendent Grade-II; the 6th Central Pay Commission further proceeded to recommend that other posts similarly placed and carrying minimum qualification of Diploma in Engineering, should also be extended the diploma scale of pay. 5000-8000/- p.m.(pre- revised). While proceeding to make the said recommendations with regard to the posts figuring in the cadre of Superintendent Grade-II; the 6th Central Pay Commission further proceeded to recommend that other posts similarly placed and carrying minimum qualification of Diploma in Engineering, should also be extended the diploma scale of pay. However, it is seen that without considering the fact that there was also an element of direct recruitment in respect of the posts figuring in the cadre of Store Supervisor Grade-II and also, there was, in alternative, a prescription of minimum qualification of Diploma in Engineering for the purpose of such direct recruitment; the 6th Central Pay Commission proceeded to refuse authorization of the diploma scale of pay to the posts figuring in the cadre of Store Supervisor Grade-II only on the ground that upgrading of the posts of Store Supervisor Grade-II, would disturb the existing hierarchical pattern. 21. In the light of the accepted recommendations of the 5th Central Pay Commission pertaining to authorization of diploma scale of pay to the posts having an element of direct recruitment with the prescription of minimum qualification of Diploma in Engineering for such direct recruitment, as well as reiteration of the said principle by the 6th Central Pay Commission; the recommendations made by the 6th Central Pay Commission in paragraph No. 7.39.27 pertaining to the posts figuring in the cadre of Store Supervisor Grade-II, cannot be sustained and accordingly, the same would call for an interference. Consequently, the recommendations of the 6th Central Pay Commission in paragraph No. 7.39.27, pertaining to the cadre of Store Supervisor Grade-II, stands set aside. 22. In view of the above conclusion, we are of the considered view that the appellants, herein, who were recruited to the cadre of Store Supervisor Grade-II with Diploma in Engineering qualification, would be entitled to diploma scale of pay of Rs. 5000-8000/- p.m.(pre-revised) with effect from the date of their recruitment to the said cadre and thereafter, would be entitled to the revised scale of pay of Rs. 9300-34800/- p.m. along with Grade Pay of Rs. 4200/-, w.e.f. 01.01.2006. 23. 5000-8000/- p.m.(pre-revised) with effect from the date of their recruitment to the said cadre and thereafter, would be entitled to the revised scale of pay of Rs. 9300-34800/- p.m. along with Grade Pay of Rs. 4200/-, w.e.f. 01.01.2006. 23. Having drawn the above conclusions with regard to the appellants, herein, to be authorized the diploma scale of pay with effect from the date of their recruitment to the cadre of Store Supervisor Grade-II; the judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013, is being considered. 24. A perusal of the judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013, would go to reveal that the learned Single Judge had noticed the fact that the 6th Central Pay Commission while recommending enhancement of the pay scale of Superintendent Gd-II, had also recommended that other posts similarly placed and carrying minimum qualification of Diploma in Engineering, should also be extended with the pay scale of Rs. 5000-8000/- p.m.(pre- revised). However, on noticing the provisions of the General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982; the learned Single Judge proceeded to draw a conclusion that with regard to the recruitment to the cadre of Store Supervisor Grade-II, in addition to the prescription of Diploma in Engineering, there were other sets of qualifications provided for direct recruitment. 25. The learned Single Judge, vide judgment & order, dated 20.01.2022, in WP(c)10(AP)2013, basing on the said conclusion, proceeded to hold that given the manner of recruitment to the cadre of Store Supervisor Grade-II, it was evident that there would be other employees holding posts in the cadre even by way of direct recruitment who may not have Diploma in Engineering qualification, but, were recruited to the cadre basing on the other alternative qualifications prescribed under the General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982, for such recruitment. Having drawn the said conclusion; the learned Single Judge proceeded further to hold that in the event, the diploma scale of pay is authorized to the diploma holders in Engineering including the appellants, herein, holding posts in the cadre of Store Supervisor Grade-II; there would arise a disparity, in-as-much as, there would now be more than 1(one) scale of pay authorized to the incumbents in the cadre of Store Supervisor Grade-II, which was held to be impermissible. 26. 26. Accordingly, the appellants, herein, on account of the said conclusions drawn by the learned Single Judge vide the judgment & order, dated 20.01.2022, in WP(c)10(AP)2013, came to be non-suited by holding that the claim of the appellants, herein, for enhancement of pay scale in the cadre of Store Supervisor Grade-II on the basis of their educational qualification of Diploma in Engineering alone on the basis of the recommendations of the 6th Central Pay Commission, cannot be allowed. 27. The said conclusion drawn by the learned Single Judge for non-suiting the appellants, herein, are clearly not sustainable; in-as-much as, incumbents in the cadre of Store Supervisor Grade-II, on being recruited to the cadre, either, by way of direct recruitment, and/or, by way of promotion, are required to discharge similar nature of duties and also shoulder similar responsibilities. The Recruitment Rules holding the field does not mandate any differential treatment to the incumbents in the cadre of Store Supervisor Grade-II on the basis of the qualification possessed by them. A direct recruit in the cadre of Store Supervisor Grade-II having Diploma in Engineering and other direct recruits, and/or, promotees, having the alternative qualification as prescribed under the General Reserve Engineering Force Group “C” and Group “D” Recruitment Rules, 1982, are treated alike and are also required to discharge similar nature of duties. 28. A non-Diploma holder figuring in the cadre of Overseer(Civil), on not being authorized the diploma scale of pay, had approached the writ Court in the case of Ghanashyam Vishwakarma (supra) praying for being authorized the diploma scale of pay as authorized to the Diploma in Engineering holders in the cadre of Overseer (Civil). The writ Court in the case of Ghanashyam Vishwakarma (supra), had, on examination of the matter, held that the petitioner, therein, on being recruited to the cadre of Overseer(Civil); would also be entitled to the diploma scale of pay of Rs. 5000-8000/- p.m.(pre-revised) w.e.f. 01.01.1996, and proceeded to allow the said writ petition. The respondents, therein, being aggrieved, had assailed the decision of the learned Single Judge in the case of Ghanashyam Vishwakarma (supra) by way of instituting a writ appeal being WA 19/2020. A co-ordinate Bench of this Court vide order, dated 18.03.2011, dismissed the said writ appeal upholding the said decision of the learned Single Judge in the case of Ghanashyam Vishwakarma (supra). 29. A co-ordinate Bench of this Court vide order, dated 18.03.2011, dismissed the said writ appeal upholding the said decision of the learned Single Judge in the case of Ghanashyam Vishwakarma (supra). 29. Similarly, incumbent non-diploma holders figuring in the cadre of Charge Mechanic of the Border Roads Organization (BRO), had, on being denied the diploma scale of pay, which was extended to the Diploma in Engineering holders figuring in the cadre of Charge Mechanic, had approached the writ Court by way of instituting a writ petition being WP(c)3756/2009. 30. The learned Single Judge vide judgment & order, dated 01.02.2011, had disposed of the said writ petition being WP(c)3756/2009(Pramod Singh & ors.) after making an elaborate discussion as to why the non-diploma holders cannot be discriminated in the matter of authorization to them of the diploma scale of pay inspite of the fact that they were recruited by way of promotion to the cadre of Charge Mechanic on account of possessing the alternative qualifications as mandated under the Recruitment Rules holding the field. On a consideration of the matter and after taking notice of the decision of this Court in the case of Ghanashyam Vishwakarma (supra); the learned Single Judge was pleased to direct the respondents, to extend the benefit of upgraded pay scale to the petitioners, therein, who had the alternative qualification, as was extended to the diploma holders Charge Mechanic. 31. The said decisions of the learned Single Judge as well as the co- ordinate Bench of this Court, would lay to rest that on the diploma scale of pay on being authorized to the posts wherein there is an element of direct recruitment with the prescription of Diploma in Engineering qualification; the diploma scale of pay would also stand extended to the non-Diploma holders figuring in the cadre who were recruited to the cadre, in question, by way of direct recruitment, and/or, by way of promotion on account of the alternative qualifications possessed by them in terms of the prescriptions made in this connection in the Recruitment Rules holding the field. It is to be noted that the 5 Central Pay Commission, as well as the 6 Central Pay Commission, had recommended the authorization of the diploma scale of pay qua the post concerned, provided there was an element of direct recruitment to the post, with prescription of Diploma in Engineering as a qualification for such recruitment and not with regard to the person recruited to the post concerned with the said qualification. Accordingly, all the incumbents holding the posts in a cadre, recruitment to which is also mandated to be made by way of direct recruitment, with prescription of the qualification of Diploma in Engineering; shall be required to be authorized the diploma scale of pay even if such incumbent does not possess, the qualification of Diploma in Engineering. Consequently, there would be only 1(one) scale of pay authorized to such cadre. 32. In view of the above discussions, the conclusion drawn by the learned Single Judge that the authorization of the diploma scale of pay to the appellants, herein, would result in more than 1(one) scale of pay being authorized to the cadres of Store Supervisor Grade-II, is clearly perverse and cannot be sustained. 33. In view of the conclusions drawn, hereinabove; we are of the considered view that the learned Single Judge had erred in drawing the conclusion as drawn by it for the purpose of non-suiting the appellants, herein, more particularly, the conclusions so drawn in paragraph No. 6 of the said decision. Hence, we are of the considered view that the impugned judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013, cannot be sustained and the same, accordingly, stands set aside. 34. The judgment & order, dated 20.01.2022, passed by the learned Single Judge in WP(c)10(AP)2013, having been set aside; it is hereby directed that the respondents, herein, shall authorize to the appellants, herein; the diploma scale of pay of Rs. 5000-8000/- p.m.(pre-revised) w.e.f. 01.01.1996, and 12.06.1998, respectively, and thereafter, they would be authorized the revised scale of pay in terms of accepted recommendations of the 6th Central Pay Commission i.e. the scale of Rs. 9300-34800/- p.m. along with Grade Pay of Rs. 4200/-, w.e.f. 01.01.2006. 35. 5000-8000/- p.m.(pre-revised) w.e.f. 01.01.1996, and 12.06.1998, respectively, and thereafter, they would be authorized the revised scale of pay in terms of accepted recommendations of the 6th Central Pay Commission i.e. the scale of Rs. 9300-34800/- p.m. along with Grade Pay of Rs. 4200/-, w.e.f. 01.01.2006. 35. The respondent authorities in terms of the directions passed by this Court herein; shall, on upgradation of the scale of pay as directed hereinabove, compute the arrears receivable by the appellants, herein, and release the same to them within a period of 3(three) months from the date of receipt of a certified copy of this order. 36. With the above directions and observations, this writ appeal accordingly stands disposed of.