Central Administrative Tribunal - Mumbai
Rajesh M Bhiwgade vs Ordnance Factory Board (Ofb) on 23 July, 2025
1 OA No.2117/2019
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH,
CAMP AT NAGPUR
O.A.2117/2019
Dated this Wednesday the 23rd day of July, 2025
Coram: Hon'ble Mr.Shri Krishna, Member (Administrative)
Hon'ble Mr.Umesh Gajankush, Member (Judicial).
Shri Rajesh M. Bhiwgade,
Desig.: M.T.S./F.T.I./21480, Age: 41 yrs.,
R/o Plot No.21, Smurti Nagar, Near Vena Water,
Filter House, Duttawadi, Nagpur - 440 023. .. Applicant.
( By Advocate Shri M.G. Burde ).
Versus
1. The Union of India, represented through
The Secretary, Department of Defence Production,
Ministry of Defence, South Block,
New Delhi - 110 001.
2. Director General of Ordnance (Coordination & Services),
Ayudh Bhawan, 10-A, S.K. Bose Road,
Kolkata - 700 001.
3. The General Manager, Ordnance Factgory Ambajhari,
Nagpur, through: The Officer In-Charge, Unit of
Yantra India Ltd., Amravati Road, Nagpur. ..Respondents.
(By Advocate Shri Avdhesh Kesari).
Khushboo
Digitally signed by Khushboo Mittal Gupta
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b,
Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92,
PostalCode=411060, S=Maharashtra, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=
Order reserved on : 16.06.2025
Order pronounced on : 23.07.2025
Khushboo Mittal Gupta
Mittal Gupta
Reason: I am the author of this document
Location:
Date: 2025.07.28 17:24:14+05'30'
Foxit PDF Reader Version: 2025.1.0
2 OA No.2117/2019
ORDER
Per : Umesh Gajankush, Member (J)
The present O.A. has been filed by the applicant seeking the following reliefs:
"1) That, the Hon'ble Tribunal be pleased to declare the impugned order issued by the Respondent No.3; vide its letter No.2076/RD/IES/LB/2018 dated 21.02.2019 and thereby denied re-designation of the applicant from the post of NIEs to IEs (Annex.'A-1') as illegal and the same be struck down and set it aside.
2) That, the Hon'ble Tribunal also be pleased to declare the impugned order issued by the Respondent No.2; vide its impugned letter no.Per/I/800/NIE-IE/2015-16 dated 25.05.2015 in continuation of and/or its earlier impugned circular no.800/GENL/A/I Vol.III/45 dated 24..06.2011 (Annex.A-2), as illegal and the same be struck down and set it aside to the extent of its illegality on the ground as stated in Para 5.4 of this O.A.
3. That, the Hon'ble Tribunal also be pleased to direct the Respondents to consider the application of Applicant and redesignate / transfer him to the post of Mason / Semi-
Skilled or Pipe Fitter / Semi-Skilled immediately; if he passes the requisite Trade Test and grant all the consequential benefits as granted to other employees of NIE cadre whose applications were considered timely; and give the due seniority as per the rules.
4) That, the Hon'ble Tribunal may further be pleased to Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, grant cost of the proceedings before the Hon'ble Tribunal and also an exemplary cost for not complying with the laws PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 on redesignation / transfer from the post of NIE to IE knowingly by the Respondent 3 and further incidentals 3 OA No.2117/2019 thereto and such other benefits as deems fit and proper in the facts and circumstances of the case."
2. Brief facts of the case are that the Respondent No.3 has issued Circular dated 28.03.2018 (Annex-A-3) inviting application on the subject of re-designation / Transfer from NIE (Non-Industrial Employee) to IE (Industrial Employee) from NIE having 5 years regular service as on 01.04.2018 prescribing eligibility criteria. It is the case of the applicant that he has submitted application dated 16.04.2018 to Respondent No.3 (Annex-A-4) for the post of Mason or (Pipe Fitter). 2.1. It is submitted that Respondent No.3 conducted the trade test during October, 2018 of the employees of other trades in IEs and declared their fitness to the post. The employees who were declared fit in the trade test for a specific trade in the cadre of IE, had already been redesignated/transferred to the post of relevant trade in the cadre of IEs during February, 2019. But, the respondent no.3 neither considered the application of the applicant nor conducted the trade test nor informed him of the reasons of not considering his application for redesignation / transfer from his present post in NIE Cadre to the post of Mason or Pipe Fitter in IE Grade within reasonable time period. Therefore, the applicant submitted an applicant dated 21.11.2018 to Respondent No.3 Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 4 OA No.2117/2019 and requested to redesignate / transfer him to the post of Mason or Pipe Fitter in IE grade.
2.2. To claim the aforesaid post, the applicant has submitted his service particulars vis-à-vis eligibility of the applicant to the post in IE cadre as under:-
(i) The applicant was initially appointed in the Hospital of Ordnance Factory Ambajhari, Nagpur on 01st August, 2001 as Masalchi (Cook- mate), a Group 'D' post; which was merged into M.T.S. (Multi Tasking Staff) as a Group 'C' post; consequent upon the recommendations of Sixth Central Pay Commission had been implemented by the Government w.e.f. 01.01.2006.
(ii) Prior to appointment in the Hospital in Ordnance Factory Ambajhari, Nagpur, the applicant had passed the requisite examination of National Trade Certificate in the trade of Millwright and he was awarded the National Trade Certificate (in short, NTC) by National Council of Vocational Training, New Delhi.
(iii) The applicant also submitted an application dated 05th January, 2018 to Respondent No.3, through to the post of Masson or Pipe Fitter Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= in IE cadre; when he came to know proper channel, for Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 redesignation/transfer that there was a clear vacancy available in the post of Masson or Pipe Fitter in IE cadre; which were likely to be filled by 5 OA No.2117/2019 way of direct recruitment. But the Respondent No.3 neither considered the application nor informed him of any reason therefor. 2.3. It is submitted that Respondent No.3 violated statutory provisions as provided in SRO 185 dated 01.11.1994 related to the matter of transfer/redesignation of the employees in IE cadre which is placed as follows:
"Note 4.: Wherever the word "Transfer" occurs in Column 11 and 12 of this Schedule it shall include transfer in public interest by the Management of persons (already holding posts in the same or identical or nearly equivalent scale of pay) to posts in the same factory or office in the Ordnance Factories Organisation and also Transfer within the same factory or office at the request of the person concerned where agreed to by the Management. The transfers in public interest will include Transfers from one grade, interse promotions from another grade where from two different grades. The transfer in public interest will also include filling of posts by transfer of persons holding post from which there is no promotion to any other posts or grade whether or not such posts are declared equivalent posts and such appointments by transfer Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, may be made prior to filling of posts by promotion from other PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 grades or by direct recruitment. The transfer of persons in the 6 OA No.2117/2019 Trades to be abolished or merged with other trades on administration grounds" (emphasis supplied). 2.4. The Respondent No.3 had considered the request of other employees in NIE cadre in the year 2015 and redesignated / transferred them to the post of Fitter; while they were having NTC certificate in other trades. The details of those employees obtained with their service details, are presented, briefly as under:-
Name of employees Date of Appointment Date of re- Remarks
in the post of designation/
/transfer to the
Post of
------------------------ --------------------------- ---------------- ------------ A.S. Meshram 23.02.2005-Durwan 13.07.2015 Fitter S.G. Gautam 21.02.2005-Durwan 13.07.2015 Fitter
------------------------ -------------------------- -------------------- ---------- Therefore, on the basis of averments made in the O.A., applicant has prayed for quashing of impugned orders / communication with directions to the respondents to consider the application of the applicant for re- designation / transfer to the post of Mason/Semi-Skilled or Pipe Fitter / Semi-Skilled.
3. After notice, official respondents filed reply and contested the O.A. Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92,
3.1. It is submitted that the applicant vide letter dated 21.11.2018 had PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 requested to the Competent Authority to re-designate the applicant from 7 OA No.2117/2019 NIEs to IEs in the trade specifying only Mason SSK or Pipe Fitter and the Competent Authority has not considered the applicant's request to re- designate in the trade Mason SSK or Pipe Fitter SSK since these are Annexure-'A' trades and the applicant did not possess the requisite qualifications as per OFB Guidelines issued in its letter No.Per/I/800/NIE-IE/2017 dated 14.09.2017 wherein it clearly stipulated that where the candidates are having Matriculation NAC/NTC issued by NCVT in the relevant trade in which re-designation/transfer is considered. The applicant has been informed the same vide OFAJ letters dated 03.01.2019 and 21.02.2019 respectively. In this connection it is further stated that the applicant's request rejected, as he was previously intimated that his de-designation will be considered in the trade of millwright as he was possessing NAC/NTC in the trade of millwright if he applies for the same. The respondents was well within its right to reject any such application including the application of the applicant which does not fulfil the criteria laid down for re-designation from NIEs to IEs. Therefore, the impugned order No.2076/RD/IES/LB dated 21.02.2019 read with letter no.2076/RD/IES/LB dated 03.01.2019 is perfectly legal. The statement of the applicant is, therefore, false and Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= malicious and hence liable to be rejected.
Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 3.2. It is further submitted that OFB has issued the guidelines / instructions to all the Ordnance Factories on the subject of re- 8 OA No.2117/2019
designation/transfer of employee from post of NIEs to IEs vide its letter No.Per/I/800/NIE-IE/205-16 dated 25.05.2015 in continuation of its earlier instruction vide letter No.800/GENL/A/I/Vol.III/45 dated 24.06.2011. In particular case OFB Guidelines issued in its letter No.Per/I/800/NIE-IE/2017 dated 14.09.2017 is also relevant wherein it clearly stipulated that where the candidates are having Matriculation NAC/NTC issued by NCVT in the relevant trade in which re- designation/transfer is considered and on re-designation such candidates will forfeit the seniority of NIE grade and will be absorbed in IEs grade in the bottom most seniority. As per SRO 185 dated 01.11.1994, the post of tradesmen semi-skilled, the method of recruitment for trades listed at Annexure-A is 80% by transfer failing which by direct recruitment. The re-designation from NIEs to IEs falls under the category of transfer. Therefore, those incumbents who are already holding the posts in the Annexure-A trades will naturally be senior to those who come to these posts later on by way of transfer. Therefore, the contentions of OFB in their instructions issued for re-designation as stated above are correct and as per laid down norms.
3.3. It has been submitted that in response to OFAJ Circular No.1156/E Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= dated 28.03.2018 the applicant submitted application for the post of Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 Mason or Pipe Fitter. As he was not possessing the requisite qualification that NAC/NTC issued by NCVT in the trade of Mason or 9 OA No.2117/2019 Pipe Fitter his application was not considered. However, the applicant was not sponsored for trade test for the trade of Mason or Pipe Fitter SSK as he was in possession of relevant NAC/NTC in the Millwright trade. His name was sponsored for trade test in Millwright trade vide letter No.2076/RE-DESIG/LB/2018 dated 04.09.2018 and the applicant was informed of the same. However, despite sponsoring his name for trade test in the Millwright Trade where he was possessing the requisite qualification, the applicant chose not to appear in the relevant trade test and insisted that he should be considered for Mason or Pipe Fitter despite knowing the fact that he was not possessing NAC/NTC Certificate in Mason and Pipe Fitter Trade. Therefore, the applicant is blatantly lying to mislead the Hon'ble Tribunal that he was not considered or informed about the trade test. Other applicants have been considered for the trades in which the applicants were eligible since they were possessing the requisite qualification in the relevant trades. The applicant is purposefully lying to the Hon'ble Court to further his claim which does not exist.
3.4. It is further submitted that OFB vide letter Per/800/NIE-IE/2015- 16 dated 25.05.2015 has issued instructions to all the factories after Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= detailed study of DOP&T instruction issued on the subject and other Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 related issue, vide OM No.14014/02/2012-Estt(D) dated 16.01.2013 wherein OFB clearly instructed that re-designation from NIEs to IEs will 10 OA No.2117/2019 be purely based on functional requirement in non-industrial as well as industrial establishment. OFB further instructed that NIEs having NAC/NTC issued by NCVT may be considered for re-designation / transfer directly to Tradesmen SSK. In that instructions the emphasis was on functional requirement and no clarifications to the effect that NIEs having NAC/NTC in the relevant trade will be considered was given. As such due to above reasons the competent authority of OFAJ considered re-designation case of in respect of Shri A.S. Meshram and Shri S.D. Gautam on functional requirement in Industrial Establishment along with other re-designation cases and re-designated them from NIEs to IEs as a tradesmen and same has been notified vide FO Part-III No.1742 dated 13.07.2015. Subsequently OFB has issued the revised instruction on the subject vide letter No.Per/I/800/NIE-IE/2017 dated 14.09.2017, wherein clearly stipulated that "however, such preference may be given only in the cases where the candidates are having Matriculation +NAC/NTC issued by NCVT in the relevant trade in which re-designation / transfer is considered i.e. the candidates are having the educational qualification as required for applying for the post through direct recruitment as per OFB Circular Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= No.570/A/I(PT)/54/Vol.IV/294 dated 06.01.2011 and circular Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 No.800/SRO/A/I/245 dated 17.10.2013". From the above it is crystal clear that aforementioned re-designation made by the Competent 11 OA No.2117/2019 Authority OFAJ and notified vide FO Part-III No.1742 dated 13.07.2015 before issuing revised instructions on the subject by OFB vide letter No.Per/I/800/NIE-IE/2017 dated 14.09.2017. The present case arose when the applicant applied for re-designation to the trade of Mason or Pipe Fitter SSK against the circular No.1156/E dated 28.03.2018 which was issued after receipt of clarification that only NTC/NAC in the relevant trade can be considered for re-designation from NIEs to IEs. The applicant was not having NAC/NTC certificate in the trade of Mason or Pipe Fitter. Therefore, the applicant's request to re-designate him in the trade Mason SSK or Pipe Fitter SSK in which he was not having requisite qualification was not considered. Therefore, citing the example of Shri A.S. Meshram and Shri S.D. Gautam to further his case is out of place and deliberately given to mislead the Hon'ble Tribunal.
4. Thereafter, applicant has filed rejoinder reiterating and elaborating his stand. It is submitted that the applicant did not possess the requisite qualification is concerned, the applicant avers that he did possess the requisite qualification applicable to the cases of "Transfer" as provided in column 12 read with column 9 & 11 of the S.R.O. 185. The word "Transfer" is well defined under Note 4 of the S.R.O. and it is also clearly Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= stated under the heading of column 12, [related to "In case of recruitment Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 by promotion / deputation / Transfer, grades from which promotion /Deputation / transfer to be made"] that "Transfer: On passing the trade 12 OA No.2117/2019 test and on acquiring statutory qualification where required." The word "statutory qualification" as stated in the above provision is relevant to for those trades only; where the possession of specific qualification were made mandatory by the statute enacted by the legislature for certain posts in the Ordnance Factories and other establishments in India e.g. Boiler Attendant as per the Indian Boilers Act, 1923, Electrician as per the Indian Electricity Act, 1910 etc. Since, no such statute was made for the post of Mason, Fitter or Pipe Fitter, the Respondent could not insist for requirement of the statutory qualification for those posts in the case of applicant along illegally.
4.1. It is submitted that OFB guidelines issued in its letter No.Per/I/800/NIE-IE/2017 dated 14.09.2017 is concerned, the applicant further avers that the letter was issued in continuation of OFB's earlier Circular No.Per/I/800/NIE-IE/2015-16 dated 25.05.2015 and 09.11.2015 and the same has been impugned in the instant O.A. as illegal and ultra vires the provisions of S.R.O. 185. According to the ratio decidendi as laid down in catena of judgments by the Hon'ble Supreme Court, it is well settled that the administrative instruction / clarifications could not change the statutory provisions. Hence, the contention of Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= respondents is evidently illegal and deserved to be struck down and set Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 aside.13 OA No.2117/2019
4.2. It is further submitted that the Respondent No.3, firstly, admitted that Shri A.S. Meshram and Shri S.D. Gautam had been transferred / redesignated from the post of NIE (Durwan) to the post of Fitter General / Semi-Skilled or Pipe Fitter / Semi-Skilled on functional requirement along with other NIEs. Secondly, the transfer of two NIEs, who held the post of Durwan, to the post of Fitter / Semi-Skilled, on e of them had possessed NTC / NAC certificate in different trades (Electronics Engineering) and another did not even possess NTC / NAC certificate in any of the trades. Thirdly, it attempted to state indirectly that other transfer, by inviting applications from the employees subsequently, had been made without functional requirement, which could not be accepted in Government Establishment as no post is filled up without having functional requirement. This is the utter violation of the Rule of Law in the Factory by the respondents. The above stated acts on the part of respondents evidently amount to utter discrimination and violation of the law of acting alike in the like situation too.
5. Thereafter, official respondents have also filed sur-rejoinder explaining and controverting the stand taken by the respondents.
5.1. It is submitted that the applicant applied for re-designation to the Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Trade of Mason/Pipe Fitter while he was holding the post of MTS. The Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 applicant although was in possession of NAT/NTC certificate in the trade of Millwright, whereas the applicant neither possesses NAC/NTC 14 OA No.2117/2019 certificates in the grade of Mason/Pipe Fitter for which he had applied. Column No.12 of SRO 185 of 1994 clearly states that transfer of IEs in the trade of Semi-Skilled for Annexure-A trades is feasible on passing the trade test and on acquiring statutory qualification where required. The trade of Mason/Pipe Fitter comes under Annexure-A, hence anybody desiring to become Mason/Pipe Fitter must possess NAC/NTC in the trade of Mason/Pipe Fitter. Therefore, the applicant prima-facie is not entitled for transfer to the trade of Mason/Pipe Fitter. 5.2. It is further submitted that the management of Ordnance Factory, Ambajhari issued circular calling for interested employees and those who possess the requisite qualification for transfer from NIEs to IEs, therefore, the applicant should have first ensure that he is qualified to apply against the post advertised for. The circular issued by OFAJ did not specify any trade, however, the applicant chose to apply for specific trade for Mason/Pipe Fitter. Therefore, the application of the applicant was in his own interest. Had OFAJ management called for applications in specific trade which included Mason and Pipe Fitter then it could have been said that the transfer is in public interest. The case in hand is not about seniority but it is about eligibility of the candidates against the post Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= applied for. It is submitted that the applicant himself is stating that in Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 column 12 of SRO 185 against "Transfer" it is written that on passing the trade test and on acquiring statutory qualification where required. 15 OA No.2117/2019 Thus, the applicant is aware that he must possess the statutory qualification, herein, NAC/NTC certificate in the trade of Mason/Pipe Fitter and that he is not in possession of said certificates. 5.3. It is submitted that the applicant himself is stating that Shri A.S. Meshram and Shri S.G. Gautam were re-designated on functional requirement. The applicant applied for the post of Mason/Pipe Fitter, whereas, at that stage there was no functional requirement in the trade of Mason/Pipe Fitter. Moreover, the trade of Mason/Pipe Fitter falls in Annexure A for which possession of NAC/NTC in the trade of Mason/Pipe Fitter is must. As the applicant did not possess the requisite qualification, he was not called for appearing in the trade test. 5.4. It is further submitted that the applicant himself is admitting that SRO 185 requires passing the trade test and on acquiring statutory qualification where required. As already stated here in above that the trade of Mason/Pipe Fitter falls in Annexure A which means any transfer to these trades will require possession of qualification i.e. NAC/NTC certificate in the trade of Mason/Pipe Fitter. As these are statutory orders, it cannot be bent over backwards just to accommodate the applicant. As there was no functional requirement for the trade of Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Mason/Pipe Fitter and also the applicant was not fulfilling the statutory Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 requirement for the trade of Mason/Pipe Fitter, rejection of his request was, therefore, perfectly legal.16 OA No.2117/2019
5.5. It is submitted that the issue of circular dated 28.03.2018 supra nowhere curtails the provisions of SRO 185. The circular dated 28.03.2018 merely calls for applications from eligible candidates for transfer from NIEs to IEs subject to possession of NCVT certificates hence the contention of the respondents is perfectly legal and the question of strucking down or setting aside does not arise. The applicant is squarely misleading the Court by stating that Shri A.S. Meshram and Shri S.D. Gautam were re-designated from NIE to the post of Pipe Fitter Semi-Skilled. Whereas, the individual Shri A.S. Meshram and Shri S.D. Gautam were re-designated from NIE to IE in Fitter General trade with effect from 11.07.2015 vide F.O. III No.1742 dated 13.07.2015. The said process of re-designation from NIE to IE was initiated in May, 2015 in accordance with the extant instructions at that time i.e. OFB letter No.800/Genl/A/I/Vol.III/45, dated 24.06.2011, wherein it is stated that "Persons possessing NCTVT/ITI certificate or Higher Technical qualification in any discipline may be given priority for re-designation / transfer". Subsequently, the said instructions were amended in total supersession of earlier instructions on the subject vide OFB letter No.Per/I/800/NIE-IE/2015-2016, dated 25.05.2015, wherein the persons Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= possessing NAC/NTC issued by NCVT were only to be considered for Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 re-designation of tradesman/semi-skilled. However, persons not possessing NAC/NTC were being considered for re-designation to 17 OA No.2117/2019 Labourer/Semi-skilled. Further, the applicant had applied for re- designation in Mason or Fitter Pipe trade. Whereas, he was in possession of NAC/NTC in Millwright trade and as per latest instructions on the subject matter, he being eligible for Millwright trade, was intimated vide LB letter No.2076/RD/IEs/LB/2018, dated 03.01.2019, that his request for re-designation in Mason or Fitter Pipe trades cannot be considered as these are Annexure 'A' trades and he did not possess the requisite qualification. However, it was informed that he may be considered for Millwright trade or any Annexure 'B' trades, if he applies for the same. 5.6. It is submitted that note 4 under the SRO 185 will only come in to play in specific cases but the requirement under column 12 of SRO 185 is the guiding factor for determining the eligibility of a candidate for transfer / re-designation. Once the applicant is not fulfilling the basic requirement as laid down in column 12 SRO 185, he cannot be eligible for re-designation / transfer to the trade of Mason/Pipe Fitter. The applicant cannot take refuse of note 4 of SRO 185.
6. We have heard learned counsel for the parties and perused the record. Both the learned counsel for the parties have advanced their arguments as per the factual and legal submissions as recorded in the Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= preceding paragraph of the order.
Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0
7. After hearing learned counsel for the parties and after perusal of the record it is not in dispute that Respondent No.3 has issued Circular 18 OA No.2117/2019 dated 28.03.2018 (Annex-A-3) as per guidelines of OFB, Kolkata inviting applications from NIEs having 5 years regular service as on 01.04.2018, for re-designation / transfer from NIE to IE as per conditions / eligibility criteria laid down in circular. Column 4 provides that suitability / trade test of the incumbents will have to be held as considered necessary before such appointment by transfer / re-
designation. Further, Column 7 provides that the re-designation will be done by the General Manager purely on the basis of functional requirement in non-industrial as well as industrial establishment.
8. In pursuance of the aforesaid circular the applicant has applied for the post of Mason / Pipe Fitter to Respondent No.3 dated 16.04.2018 (Annex-A-4). The said application also discloses that at that point of time the applicant was holding the post of Machalji (MTS), in the head of technical qualification he has mentioned about NCTVT certificate. Looking to the NCTVT certificate of the applicant (Annex-A-6) it in "Millwright Maint Mech Trade". From the record, it is also clear that after considering the application of the applicant for re-designation, communication dated 04.09.2018 (R-7) was issued for trade test from NIEs to Millwright/SSK. In the said communication name of the Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= applicant find place at bottom at sr.no.1. It is the stand of the department Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 that as per qualification of the applicant he was granted an opportunity to participate in the trade test but he did not appear. Although, the 19 OA No.2117/2019 applicant has disputed the aforesaid communication to the extent that he has not received the same.
9. In reply a specific stand has been taken by the respondents that looking to the NCTVT certificate (Trade) he was not eligible for re- designation / transfer on the post of Mason or Pipe Fitter and, therefore, his name was sponsored for the post of trade test in Millwright trade.
10. On the basis of 2 other employees namely Shri A.S. Meshram and Shri S.D. Gautam, it is the case of the applicant that they were also similarly situated holding the post of Durwan to whom the respondents have designated / transferred on the post of Fitter in the year 2015. However, the official respondents in their reply clarified the aforesaid situation specifically mentioning the fact that the said Shri A.S. Meshram and Shri S.D. Gautam were designated from NIE to IE in Fitter General Grade with effect from 11.07.2015 vide F.O. III No.1742 dated 13.07.2015. The said process of re-designation from NIE to IE was initiated in May, 2015 in accordance with the extant instructions at that time i.e. OFB letter No.800/Genl/A/I/Vol.III/45, dated 24.06.2011, wherein it is stated that "Persons possessing NCTVT/ITI certificate or Higher Technical qualification in any discipline may be given priority Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= for re-designation / transfer". Subsequently, the said instructions were Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 amended in total supersession of earlier instructions on the subject vide OFB letter No.Per/I/800/NIE-IE/2015-2016, dated 25.05.2015, wherein 20 OA No.2117/2019 the persons possessing NAC/NTC issued by NCVT were only to be considered for re-designation of tradesman/semi-skilled. However, persons not possessing NAC/NTC were being considered for re- designation to Labourer/Semi-skilled. Further, the applicant had applied for re-designation in Mason or Fitter Pipe trade. Whereas, he was in possession of NAC/NTC in Millwright trade and as per latest instructions on the subject matter, he being eligible for Millwright trade, was intimated vide LB letter No.2076/RD/IEs/LB/2018, dated 03.01.2019, that his request for re-designation in Mason or Fitter Pipe trades cannot be considered as these are Annexure 'A' trades and he did not possess the requisite qualification. However, it was informed that he may be considered for Millwright trade or any Annexure 'B' trades, if he applies for the same. Thus, in view of the aforesaid the parity claimed with the employees, who were redesignate/transfer in 2015 is not tenable. Further, it is not the case where applicant was not considered for redesignation/transfer in the year 2018 but due to required educational qualification in particular trade, his case was not found fit and in fact as per qualification of the applicant he was provided an opportunity in Millwright Trade.
Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=
11. Thus, in view of the aforesaid discussion no case is made out for Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0 interference in the O.A. The same deserves to be dismissed and it is accordingly dismissed. No order as to costs.21 OA No.2117/2019
12. Pending MAs, if any, stands disposed of.
(Umesh Gajankush) (Shri Krishna)
Member (J) Member (A).
H.
Digitally signed by Khushboo Mittal Gupta
Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b,
Phone=8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN= Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.07.28 17:24:14+05'30' Foxit PDF Reader Version: 2025.1.0