Central Administrative Tribunal - Jabalpur
Vehicle Factory Mazdoor Union Jabalpur vs Defence Production on 23 April, 2026
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00116/2022
Along with
Original Application No.200/01038/2022
Jabalpur, this Thursday, the 23rd day of April, 2026
HON'BLE JUSTICE SHRI AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER
Original Application No.200/00116/2022
1. Indian Ordnance Factories Service Officers Association, Through
its Member of Governing Body, Yogendra Kumar Singh S/o Shri
Sahab Singh DoB. 02-03-1980, Working as - Joint General Manager,
P.No 992150, Ordnance Factory Khamaria, A Unit of M/s. Munition
India Ltd R/o Type V, 1/2 Westland Khamariya Jabalpur (MP) -
482005
2. Anand Singh S/o Shri A. P. N. Singh, DoB. 10-02-1978, Working
as - Joint General Manager, P.No 992158, Ordnance Factory
Khamaria, A Unit of M/s Munition India Ltd, R/o T-34, Westland,
Khamaria, Jabalpur-482005
3. Dinesh Kumar S/o Shri Suraj Pal, DoB. 15-07-1979, Working as
Deputy General Manager, P.No 992221, Ordnance Factory Khamaria,
A Unit of M/s Munition India Ltd, R/o T-9, Westland, OFK, Estate
Jabalpur MP 482005
PIYUSH 4. Manish Vitthalrao Chavanke S/o Shri Vitthalrao Rangnath
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
Chavanke, DoB. 06-01-1981, Working as -Deputy General Manager
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
P.No 992311, Ordnance Factory Khamaria A Unit of M/s Munition
India Ltd, R/o 2/2, New Type V, OFK Westland Estate 482005
Jabalpur MP
Page 1 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
5. Ravish Prasad S/o Late S B Prasad, DoB 26-11-1979, Working as -
Deputy General Manager, P.No 992339, Ordnance Factory Khamaria,
A Unit of M/s Munition India Ltd R/o T99, Westland, Khamaria,
482005 Jabalpur MP
6. Rajendra Kumar Kumhar, S/o Shri Ramswaroop Kumhar DoB. 03-
06-1987, Working as - Deputy General Manager P.No 992404,
Ordnance Factory Khamaria, A Unit of M/s Munition India Ltd, R/o -
2/3 New Type V. West Land Khamaria 482005 Jabalpur MP
7. Rahul Kumar Behera, S/o Shri Jadava Behera DoB.01-12-1987,
Working as - Works Manager, P.No 992456, Ordnance Factory
Khamaria, A Unit of M/s Munition India Ltd, R/o 37/2, GCF Estate
Jabalpur MP 482011
8. Rishi Pal, S/o Shri HarLal Singh, DoB. 15-12-1978, Working as -
Works Manager, P.No 992457, Ordnance Factory Khamaria, A Unit
of M/s Munition India Ltd, R/o T-35 Westland Khamaria Jabalpur
MP -482005.
9. Vikas Gupta, S/o Shri Krishna Chandra Gupta DoB. 07-01-1986,
Working as -Works Manager P.No 992473, Ordnance Factory
Khamaria, A Unit of M/s Munition India Ltd, R/o Bungalow No 17,
Westland Ordnance Factory Khamaria, Jabalpur MP -482005
10. Abhishek Pundir S/o Shri Ramesh Chand, DoB. 23-09-1989,
PIYUSH Working as -Works Manager, P. No 992511, Ordnance Factory
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
Khamaria, A Unit of M/s Munition India Ltd, R/o 3/3 Westland OFK
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
Estate, Jabalpur MP -482005
11. Chandra Prakash Fulker, S/o Shri Keshav Rao Fulker, DoB. 28-
01-1982, Working as -Works Manager, P.No 992527, Ordnance
Page 2 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
Factory Khamaria, A Unit of M/s Munition India Ltd, R/o 3/4, Type -
5, Westland, Khamaria, Jabalpur MP -482005
12. Ram Poojan Chaurasia, S/o Shri R.S Chaurasia, DoB. 06-09-
1985, Working as -Works Manager, P.No 992535, Ordnance Factory
Khamaria, A Unit of M/s Munition India Ltd, R/o Bungalow No.T-1,
West Land, OFK Estate, Jabalpur MP -482005
13. Jagdish Prasad Meena, S/o Shri Surajmal Meena, DoB.07-06-
1997, Working as -Works Manager, P.No 992575, Ordnance Factory
Khamaria, A Unit of M/s Munition India Ltd, R/o T 27 Westland,
OFK Estate, Jabalpur MP -482005
14. Ratan Prakash Shukla, S/o Shri Chandra Narayan Shukla,
DoB.05-03-1983, Working as -Works Manager, P.No 992615,
Ordnance Factory Khamaria, A Unit of M/s Munition India Ltd, R/o
T 26 Westland Khamaria, Jabalpur MP -482005
15. Ajay Kumar, S/o Shri Baljeet Singh, DoB. 17-12-1990 Working
as -Works Manager, P.No 992685, Ordnance Factory Khamaria A
Unit of M/s Munition India Ltd, R/o 20/1 Type V Upper Line GCF
Estate, Near Sr. Staff Club GCF Jabalpur MP -482011
16. Pankaj Kumar Sharma, S/o Shri Dataram Sharma DoB. 30-07-
1990, Working as -Assistant Works Manager P.No 992769, Ordnance
Factory Khamaria, A Unit of M/s Munition India Ltd R/o T 107
PIYUSH Khamaria Jabalpur MP -482005
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
17. Avinash Shankar, S/o Shri Sunil Kumar, DoB. 14-11-1990,
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
Working as -Assistant Works Manager P.No 992820, Ordnance
Factory Khamaria, A Unit of M/s Munition India Ltd, R/o, OFK
Rewa Bhawan Jabalpur MP -482005
Page 3 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
18. Shivam Gupta, S/o Shri Santosh Kumar Gupta, DoB.23-12-1995,
Working as -Assistant Works Manager P.No 992868, Ordnance
Factory Khamaria, A Unit of M/s Munition India Ltd, R/o, Prapat
Bhawan, Khamaria, Jabalpur MP -482005
19. Saurabh Singh S/o Shri R A S Rathore, DoB.02-02-1996,
Working as -Assistant Works Manager, P.No 992869, Ordnance
Factory Khamaria, A Unit of M/s Munition India Ltd, R/o, E 182 D D
Nagar Gwalior MP 474005
20. Vinod Kumar Gameti S/o Shri Jeewat Ram Gameti, DoB. 04-12-
1993, Working as - Assistant Works Manager, P.No 992880,
Ordnance Factory Khamaria, A Unit of M/s Munition India Ltd, R/o,
House No 1 Near K Block Sector 14 Westland Khamariya, Jabalpur
MP- 482009
21. Saurabh Agrawal S/o Late Ravi Agrawal, DoB. 25-07-1983,
Working as - Works Manager, P.No 992592, Vehicle Factory
Jabalpur A Unit of M/s Armoured Vehicles Nigam Ltd R/o 26, Type-
5, Sector 2-I, VFJ Estate Jabalpur MP-482009
22. Shailendra Kumar Mishra S/o Shri Chandrika Prasad DoB. 02-07-
1994 Working as -Assistant Works Manager, P.No 992865, Vehicle
Factory Jabalpur A Unit of M/s Armoured Vehicles Nigam Ltd R/o
451, In Front of KV School, VFJ Estate, Jabalpur MP-482009
PIYUSH 23. Santosh Tamrakar S/o Late Sitaram Tamrakar, DoB. 24-07-1981
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
Working as -Works Manager, P.No 992652, Vehicle Factory
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
Jabalpur, A Unit of M/s Armoured Vehicles Nigam Ltd, R/o 507,
Sector-2, Type-IV, VFJ Estate Jabalpur MP -482009
Page 4 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
24. Sanjay Prasad Kushwaha S/o Late Shobha Prasad Kushwaha,
DoB. 17-06-1975 Working as -Assistant Works Manager, P.No
970145, Vehicle Factory Jabalpur, A Unit of M/s Armoured Vehicles
Nigam Ltd, R/o Qr. No. 460 Sector-II Vehicle Factory Jabalpur MP -
482009
25. Nitin Chourasia S/o Late Jamna Prasad Chourasia, DoB. 26-06-
1979 Working as Assistant Works Manager, P.No 970125, Vehicle
Factory Jabalpur, A Unit of M/s Armoured Vehicles Nigam Ltd, R/o
Qtr No 500, Sector II, VEJ Estate, Jabalpur MP -482009
26. Vedant Darbari S/o Shri Raj Kumar Darbari, DoB. 29-09-1990
Working as Works Manager, P.No 992723, Vehicle Factory Jabalpur,
A Unit of M/s Armoured Vehicles Nigam Ltd, R/o Bunglow No 33/2,
GCF Estate Jabalpur MP 482011
27. Vijitendra Singh Chaudhary S/o Shri Ramdas Chaudhary, DoB.
20-04-1980, Working as Deputy General Manager, P.No 992296,
Vehicle Factory Jabalpur, A Unit of M/s Armoured Vehicles Nigam
Ltd, R/o Q No 35, Sector One, VFJ Estate, Jabalpur MP 482009
28. Astha Srivastava W/o Shri V K Srivastava, DoB 17-07-1986,
Working as Works Manager P.No 992554, Vehicle Factory Jabalpur,
A Unit of M/s Armoured Vehicles Nigam Ltd, R/o 31/1 Type V
Chhota Rasta GCF Estate Jabalpur MP 482011
PIYUSH 29. Rabindra Mohanta S/o Shri Jitmohan Mohanta, DoB 27-10-1974,
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
Working as Deputy General Manager, P.No 992317, Vehicle Factory
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
Jabalpur, A Unit of M/s Atmoured Vehicles Nigam Ltd, R/o Qtr
No.22 Type 5 Sector 1 VFJ Estate Jabalpur MP 482009
Page 5 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
30. Debanjan Bhattacharya S/o Late Debi Prasad Bhattacharya, DoB
31-07-1985, Working as Deputy General Manager, P.No 992270,
Vehicle Factory Jabalpur, A Unit of M/s Armoured Vehicles Nigam
Ltd, R/o VFJ Estate Jabalpur MP 482009
31. M D Sarafraj Nawaz S/o Shri M D Shamsul Haque DoB 22-06-
1984, Working as Works Manager P.No 992475, Vehicle Factory
Jabalpur A Unit of M/s Armoured Vehicles Nigam Ltd R/o Qr.
No.05, VFJ Estate Jabalpur MP-482009
32. Saurabh Srivastava S/o Shri Anjanikumar, DoB 07-01-1982,
Working as Works Manager, P.No 992523, Vehicle Factory Jabalpur
A Unit of M/s Armoured Vehicles Nigam Ltd, R/o Qtr No 08 VFJ
Estate Jabalpur MP 482009
33. Ahuti Gupta W/o Shri Anil K Gupta, DoB 25-09-1990, Working
as Works Manager, P.No 992727, Gun Carriage Factory Jabalpur, A
Unit of M/s Advanced Weapons & Equipment India Ltd, R/o
Bunglow No 33/2, GCF Estate Jabalpur MP 482011
34. Dushyantkumar S/o Shri Ramesh Chandra, DoB 24-04-1983,
Working as Deputy General Manager, P.No 992314, Gun Carriage
Factory Jabalpur, A Unit of M/s Advanced Weapons & Equipment
India Ltd, R/o 34/1, GCF Estate Jabalpur MP 432011
35. Prakhar Mishra S/o Shri Muneshwar Mishra DoB 05-07-1991,
PIYUSH Working as Assistant Director, P.No 992764, Gun Carriage Factory
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
R/o 101/2 New Colony GCF Estate Jabalpur MP -482011
36. Harshit Agarwal S/o Shri Amit Kumar Agarwal DoB 04-04-1992,
Working as Works Manager P.No 992712, Gun Carriage Factory
Page 6 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd
R/o 25/1 Bungalow GCF Estate Jabalpur MP -482011
37. Nilesh Solanky S/o Late Suresh Chandra, DoB 08-06-1989,
Working as. Works manager, P.No 992630, Gun Carriage Factory
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd
R/o 36/1 Upper Line, GCF Estate Jabalpur MP -482011
38. Amit Kumar S/o Shri Balbir Singh, DoB 25-06-1979, Working as
Joint General Manager, P.No 992086, Gun Carriage Factory Jabalpur,
A Unit of M/s Advanced Weapons & Equipment India Ltd, R/o 18/1,
Upper Line GCF Jabalpur MP -482011
39. Ujjwal Dubey S/o Shri Ashok Dubey, DoB 10-02-1995, Working
as Assistant Works Manager, P. No 992852, Gun Carriage Factory
Jabalpur A Unit of M/s Advanced Weapons & Equipment India Ltd
R/o 28/2, Upper Lines, GCF Jabalpur MP -482011
40. Akhilesh Kumar Singh S/o Shri Vijay Narayan Singh DoB 26-07-
1983, Working as Deputy General Manager P.No 992353, Gun
Carriage Factory Jabalpur, A Unit of M/s Advanced Weapons &
Equipment India Ltd, R/o 28/1, Upper Line (Near Kv-2), GCF
Jabalpur MP -482011
41. Akarsh Jain S/o Shri Ravi Kumar Jain, DoB 18.02.1995, Working
as Assistant Works Manager, P. No 992872, Gun Carriage Factory
PIYUSH Jabalpur A Unit of M/s Advanced Weapons & Equipment India Ltd
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
R/o 31/2, Chhota Rasta, GCF Estate Jabalpur MP -482011
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
42. Pradeep Sagwal S/o Shri Mohinder Sagwal, DoB 01-04-1988,
Working as Works Manager, P.No 992545, Gun Carriage Factory
Page 7 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd,
R/o 31/1 Type V Chhota Rasta, GCF Estate Jabalpur MP -482011
43. Udayveer S/o Shri Parmod kumar, DoB 15-07-1988, Working as
Works manager, P.No 992667, Gun Carriage Factory Jabalpur, A
Unit of M/s Advanced Weapons & Equipment India Ltd, R/o 10/2
Upper Line GCF Jabalpur MP -482011
44. Saurabh K Duhan S/o Shri Rajpal Duhan, DoB 24-08-1990,
Working as Works Manager, P.No 992695, Gun Carriage Factory
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd
R/o 10/3, Upper Line, GCF, Jabalpur-482001, MP.
45. Prateek S/o Shri Rajendra Prasad, DoB 25-12-1993, Working as
Assistant Works Manager, P.No 992797, Gun Carriage Factory
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd,
R/o 101/1 New Colony GCF Jabalpur MP -482011
46. Anshu Jakhar W/o Shri H.S.Jakhar, DoB 25-06-1984, Working as
Works Manager, P.No 992542, Gun Carriage Factory Jabalpur, A
Unit of M/s Advanced Weapons & Equipment India Ltd, R/o 12/2
Upper Line GCF Estate Jabalpur MP -482011
47. Lalit Chandra S/o Shri Chhote Lal, DoB 16-04-1993, Working as
Assistant Works Manager, P.No 992814, Gun Carriage Factory
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Lta
PIYUSH R/o 112/2 New Colony GCF Estate Jabalpur MP -482012
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
48. Awanish Ojha S/o Shri Jainarayan Ojha, DoB 12-02-1985,
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
Working as Assistant Works Manager A Unit of M/s avancriage
Pactory Jabalment India Ltd R/o New Colony GCF Estate Jabalpur
MP - 482011
Page 8 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
49. Sharad Chadra Nikhra S/o Shri Subhash C Nikhra, DoB 13-01-
1986, Working as Deputy General Manager, P.No 992433, Gun
Carriage Factory Jabalpur, A Unit of M/s Advanced Weapons &
Equipment India Ltd, R/o 33/1, Chhota Rasta GCF Estate Jabalpur
MP -482011
50. Hitesh Choudhary S/o Shri Ummed Singh, DoB 17-10-1991,
Working as Works Manager, P.No 992755, Gun Carriage Factory
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd,
R/o GCF Estate Jabalpur MP -482011
51. Himanshu Verma S/o Shri P N Verma, DoB 01.05.1985, Working
as Works Manager, P.No 992472, Gun Carriage Factory Jabalpur, A
Unit of M/s Advanced Weapons & Equipment India Ltd R/o 17/2,
Upper Line GCF Estate Jabalpur MP -482011
52. Shikha Kalyan W/o Shri Sunder Lal, DoB 03.01.1990, Working
as Assistant Works Manager, P.No 992802, Gun Carriage Factory
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd,
R/o 20/1 Type V Upper Line GCF Estate Jabalpur MP -482011
53. Achal Kumar S/o Shri Jagdish Singh, DoB 01-07-1987, Working
as Assistant works manager P.No 992761, Gun Carriage Factory
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd,
R/o 37/1, Upper Line GCF Estate Civil Lines Jabalpur MP 482001
PIYUSH 54. Naveen Kumar S/o Shri Dhani Ram, DoB 23-03-1995, Working
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
as Assistant Works Manager P.No 992878, Gun Carriage Factory
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
Jabalpur, A Unit of M/s Advanced Weapons & Equipment India Ltd
R/o R.No 6, GO Hostel, GCF Estate Jabalpur MP - 482001
-Applicants in O.A.
Page 9 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
(By Advocate - Shri Manoj Sharma, Sr. Advocate, along with Ms. Anuja
Sharma )
Versus
1. Union of India, Through its Secretary, Ministry of Defence,
Department of Defence Production South Block, New Delhi 110011
2. The Secretary, Govt. of India, Ministry of Personnel, Public
Grievances & Pensions Department of Personnel & Training, North
Block, New Delhi- 110001
3. The Director General of Ordnance, Directorate of Ordnance
(Coordination & Services), 10-A, Shaheed S.K. Bose Marg, Kolkata
(W.B.). 700001
- Respondents
(By Advocate - Shri Sunil Jain, Sr. Advocate, ASG along with Shri S P
Singh, Shri D S Baghel and Shri Sandeep Kumar Shukla )
Original Application No.200/01038/2022
1. Vehicle Factory Mazdoor Union, Jabalpur, Through its President
Dhananjay Chandratry,/O Late Anand Chandratry DOB-09-08-1978,
High Skilled -I, P.No. 012827, Vehicle Factory, Jabalpur, Address-
Plot No 75, Jawahar Nagar, Adhartal Jabalpur - 482004(MP)
PIYUSH
2, Amar Singh, S/O Prem Singh, DOB - 06.03.1984, High Skilled -
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
I,P. No.- 014255, Vehicle Factory, Jabalpur Address - Q. No. 1852 C,
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
Type - 1 Sec. - 2 VFJ Estate
Page 10 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
3. Santosh Singh, S/O Awadhesh Singh, DOB - 19.06.1976, Master
Craftsman,P. No.- 012579, Vehicle Factory,Jabalpur, Address - Plot
No. 75, Jawahar Nagar, Adhartal
4. Ranjeet Kumar, S/O Ramesh Chandra, DOB - 27.11.1992, Skilled, P.
No.- 014644, Vehicle Factory Jabalpur Address - Q.No. 3246 Type - 3
Sec. 2 VFJ Estate
- Applicants
(By Advocate - Shri Vijay Tripathi )
VERSUS
1. Union of India, Through its Secretary, Ministry of Defence,
Department of Defence Production South Block, New Delhi 110011
2. The Secretary, Govt. of India, Ministry of Personnel, Public
Grievances & Pensions Department of Personnel & Training, North
Block, New Delhi-110001
3. The Director General of Ordnance, Directorate of Ordnance
(Coordination & Services), 10-A, Shaheed S.K. Bose Marg, Kolkata
(W.B.). 700001
4. Sr. General Manager, Vehicle Factory Jabalpur (MP) 482009
- Respondents
PIYUSH (By Advocate - Shri Sunil Jain, Sr. Advocate, ASG along with Shri S P
CHANDRA
Digitally signed by PIYUSH CHANDRA
DN: C=IN, O=PERSONAL, T=8210, Phone=
52c5f90c50706321ed80814b0bbffca59b8a83627
1ee48dd9edc1c091e254044, PostalCode=
211003, S=Uttar Pradesh, SERIALNUMBER=
ca65182c1f5d538fc2be080fd40275e97b2024a3a
558eccd51c71b9c6d742f76, CN=PIYUSH
CHANDRA
Singh, Shri D S Baghel and Shri Sandeep Kumar Shukla )
Reason: I am the author of this document
Foxit PDF Reader Version: 2024.3.0
Page 11 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
Common Order
By Mallika Arya, AM Through these Original Applications, the applicants are seeking quashment of the office memorandum dated 24.09.2021 (Annexure A/1) whereby the government has decided that all the employees of OFB (Group-A, B & C) belonging to the production unit and also identified non-production unit (as per the structure set out in Annexure A) shall be transferred en-masse to the new DPSUs on terms of foreign service without any deputation allowance (deemed deputation) initially for the period of 2 years from the date of appointed date in accordance with Rule 37-A of the central civil services (pension) rules 1972. The applicants are further challenging the order dated 01.10.2021 (Annexure A/2) which has been issued in pursuance of the office memorandum dated 24.09.2021 (Annexure A/1), whereby the applicants were transferred to newly created DPSUs on terms of foreign service for a period of 2 years. It is relevant to mention here that before sending the applicants on deputation to the newly created DPSUs w.e.f. 1st October 2021, PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= consent of the applicants has not been taken. Apart from this the ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 applicants are not being paid deputation allowance which is totally arbitrary and unjust and violative of Article 14 of the Constitution of India.
Page 12 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
2. Since the issue involved in these Original Applications is common, therefore these are being decided by way of a common order.
3. Briefly stating, the facts of the case in O.A. 116/2022 are that the applicant No. 1 is a registered Association of Ordnance Factory Officers running in the name of "Indian Ordnance Factories Service Officers Association". The applicants No.1 to 54 are affected employees of the Respondent department. All the applicants have been recruited in terms of the conditions governing their appointment and promotion of Group 'A' Officers of the Ordnance Factories Service, in terms of Indian Ordnance Factories Service Group 'A' (Recruitment) Rules, 2002 which is popularly known as SRO-227. The applicants have participated in the Combined Engineering Service Examination conducted by the UPSC. Subsequent to their appointment they joined National Academy of Defence Production (NADP), Ambajhari, Nagpur. After successful completion of training, they have assumed the charge of Assistant Works Manager in PIYUSH different Factories functioning under the Ordnance Factory Board. In CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a pursuance of the decision of the Union Cabinet on 16th June, 2021, 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 the Government of India decided to corporatize the functions of the 41 production units (Ordnance Factories) of the Ordnance Factory Page 13 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 Board ("OFB"), functioning under the Department of Defence Production, Ministry of Defence ("DDP"). They issued a notification dated 01.10.2021 wherein the management, control, operations and maintenance of these 41 production units has been converted into 7 Government companies. A copy of the Office Memorandum dated 24th September 2021 is enclosed herewith as Annexure A/1. Further, it has been directed that from the appointed date i.e. 01.10.2021, 'OFB', which was set up vide Ministry of Defence letter No. 1(82)/78/D(Fy.I) dated 09.01.1979, shall cease to exist as a body. As per the decision of the government, each of the new DPSUs is required to frame rules and regulations related to service conditions of the absorbed employees and seek an option for permanent absorption from the employees on deemed deputation to that respective DPSU, within a period of two years. It has also been mentioned that the service conditions of the absorbed employees would not be inferior to the existing ones. Till such time the employees remain on deemed deputation to the new DPSUs, they shall continue to be subject to the extant rules, regulations and orders as are applicable to the Central PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA Government servants, including relating to their pay scales, DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 allowances, leave, medical facilities, career progression and other service conditions. The Government decided that all the employees of OFB (Group A, B & C) belonging to OFB HQ (at Kolkata), OFB Page 14 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 New Delhi Office, OF Schools and OF Hospitals (Group A, B & C), shall be transferred en masse to the Directorate under DDP, initially for a period of two years from the appointed date. All such employees would be liable to be transferred/sent on deputation at any time as per the requirement. The pension liabilities of the retirees and existing employees will continue to be borne by the Government from the Ministry of Defence ("MoD") budget for Defence Pensions. For the employees recruited after 01.01.2004, National Pension Scheme applicable to the Central Government employees is in vogue. The same may be adopted by the New DPSUs, including continuation of all special provisions applicable to Central Government employees under the National Pension System. The conditions of payment of pensionary benefits to the employees of OFB on absorption into the New DPSUs would be regulated in accordance with Rule 37-A of the Central Civil Services (Pension) Rules, 1972. Since the applicants were recruited to government service after 01.01.2004, therefore, their pension and other retirement benefits will continue to be governed by the New Pension Scheme. The Department of Pension and Pensioners PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA welfare has issued a notification dated 30.03.2021 and notified DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 Central Civil Services (Implementation of National Pension System) Rule, 2021. These rules are applicable to Government Servants, including civilians governments servants in the defence services, Page 15 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 appointed substantively to civil posts and posts in connection with the affairs of the Union on or after 01.01.2004. However, these rules shall not apply to a person to whom the Central Civil Service (Pension) rules, 1972 apply in accordance with any special or general order issued by the Government. The applicants are government servants by provision of Central Civil Services (Implementation of National Pension System) Rules, 2021 (Annexure A/6). They are not governed by the provisions of Central Civil Service (Pension) rules, 1972. They have also made a demand that they should be paid deputation allowance as their tenure in the DPSU is a deemed deputation and they have been sent without seeking their consent. The applicants have also made various representations to the respondents (Annexure A/7).
4. The facts of the case in O.A./1038/2022 are that the Applicant No.1 is a registered Trade Union in the name of Vehicle Factory Mazdoor Union Jabalpur vide Registration No. 1273. Applicant No. 2 to 4 are affected employees of the Vehicle Factory PIYUSH Jabalpur. A copy of the authorisation letter of the Union to file the CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a present case in a representative capacity is enclosed as Annexure A/3. 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 Ministry of Defence (Department of Defence Production) has issued Office Memorandum No. 1(5)/2021/OF/ DP ( Pig-V)/02 dated Page 16 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 24.09.2021 (Annexure A/1) on the subject of Dissolution of Ordnance Factory Board and transfer of employees (Group A, B and C) of Ordnance Factory Board to new Defence Public Sector Undertakings and the Directorate of Ordnance (Coordination & Services). In accordance with the said OM, the employees of OFB (Group A, B and C) belonging to the production units and also identified non- production units as per the structure set out, have been transferred en- masse to the new DPSUs in terms of foreign service without any deputation allowance (deemed deputation) initially for a period of two years from the appointed date. As per para 8 of the Office Memorandum dated 24.09.2021 (Annexure A/1), the conditions of payment of pensionary benefits to the employees of OFB on absorption to the new DPSUs would be regulated in accordance with Rule 37-A of the Central Civil Services (Pension) Rules 1972. It has been mentioned in Para No. 7 of the OM dated 24.09.2021 that the employees recruited after 01.01.2004 may continue with National Pension Scheme applicable to them and the same may also be adopted by the newly created DPSUs, including continuation of all special PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA provisions applicable to all Central Government employees under the DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 National Pension Scheme. There is no provision of en-masse transfer on deemed deputation with an aim to get the persons permanently absorbed in new entities identical or alike to Rule 37-A of CCS Page 17 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 (Pension) Rules 1972. More than 85% of Industrial employees and 77% of total employee's strength of Vehicle Factory Jabalpur were recruited on and after 01.04.2004. Therefore, they are covered under the National Pension Scheme. This act of the respondents does not meet the statutory requirement of the Article 309 of the Constitution of India. Rule 37-A was inserted in C.C.S. (Pension) Rules 1972 vide a notification dated 30.09.2000 laying down the conditions for payment of pension on absorption consequent upon conversion of a Government Department into a Central autonomous body or a Public Sector Undertaking. A copy of the Notification dated 30.09.2000 (SO 904 E) is enclosed as Annexure A/5. The recruitment and conditions of Service of persons serving in Central and the State Government are regulated by the provisions of Article 309 of the Constitution of India and no amendment / addition / alteration / modification of Rules relating to service conditions can be made retrospectively without the consent of the President of India. The act of the respondents in sending the applicants on deputation to the newly created DPSUs, without their consent, inspite of the fact that they were appointed PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA through UPSC for the services of Ministry of Defence, Department of DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 Defence production, Govt. of India on deemed deputation for a period of 2 years is irregular. Keeping in view the fact that the applicants have been kept on deemed deputation considering the exigency of Page 18 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 service, they are entitled to get deputation allowance which has not been paid to them. Feeling aggrieved with the OM dated 24.09.2021 (Annexure A/1) whereby the government has decided that all the employees of OFB (Group-A,B & C) belonging to the production unit shall be transferred en-masse to the new DPSUs in terms of foreign service without any deputation allowance (deemed deputation) initially for a period of 2 years from the appointed date in accordance with Rule 37A of the Central Civil Services (Pension) Rules 1972, the applicants preferred representations to the respondents. The copy of the representations are enclosed as Annexure A/8. Hence the applicants have prayed that their services cannot be transferred to the DPSUs without their consent. The office memorandum dated 24.09.2021 (Annexure A/1) has been issued whereby the conditions of service of the applicants have been unilaterally changed. Therefore, the applicants in these Original Applications are seeking quashment of the office memorandum dated 24.09.2021 (Annexure A/1), order dated 01.10.2021 (Annexure A/2) with all consequential PIYUSH benefits. They are seeking further directions to the respondents to pay CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a deputation allowance to them. Alternatively, to allow option to all 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 subscribers of NPS to opt for CCS (Pension) Rules 1972 from the date of transfer.
Page 19 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022
5. The respondents have filed a reply to O.A.116/2022 wherein it has been submitted that when the decision to convert OFB into 7 corporate entities was taken, the Government had ensured that the service conditions of the erstwhile OFB employees are protected as Central Government employees of OFB. The Government is committed to safeguard the interests of the employees of the erstwhile OFB. Unless they choose to opt for permanent absorption in the new DPSUs, they would continue as Central Government servants and their pay scales, allowances, leave, medical facilities, career progression and other service conditions will also continue to be governed by the existing Central government rules and regulations. In compliance to the directives issued under the OM dated 24.09.2021, from the Ministry of Defense for dissolution of Ordnance Factory Board, Respondent no. 3 issued transfer orders dated 01.10.2021, which is enclosed as Annexure A/2. Fundamental Rule 110 (a) of the Fundamental Rules, 1922 empowers the Government to transfer a Government servant to a foreign service against his will to the service of a body, incorporated or not, which is wholly or substantially owned PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA or controlled by the Government. Hence, the Respondent no. 1 is DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 vested with powers to transfer the employees of erstwhile OFB to a foreign service without their consent to these 100% government Page 20 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 owned DPSUs, including the employees recruited after 01.01.2004 to whom New Pension Scheme is applicable.
Rule 37A of the CCS (Pension) Rules 1972, is applicable to the Government employees who were recruited before 31 December 2003. This is the Rule that deals with treatment of employees on conversion of a Government Department into a Public Sector Undertaking. There is no other separate or distinct legislation which deals with employees who were recruited on or after 1st January 2004. In the absence of any such distinct Rule for the employees recruited after 1 January 2004, a standard procedure for transitioning of all the OFB employees from OFB to the new DPSUs on terms of foreign service without deputation allowance has been adopted to ensure that there is parity in the transfer terms and conditions of all the employees. Vide MoD OM dated 24.09.2021 (Annexure A/1), it has been mentioned that National Pension Scheme applicable to the Central Government employees can be adopted by the New DPSUs, including continuation of special provisions applicable to Central PIYUSH Government employees under the National Pension System. The CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a interests of the employees recruited after 01.01.2004 are being 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 equally safeguarded. The Department of Pensions & Pensioners' Welfare, Government of India has endorsed the view of Ministry of Page 21 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 Defence in treating it's employees including NPS employees on deemed deputation without deputation allowance. In this regard, they have submitted that in WP No 19674 of 2021 filed in Hon'ble Madras High Court by All India Defence Employees Federation, one of the points agitated is relating to the transfer of the employees of the Ordnance factories who have been appointed after 31st December 2003, on whom Rule 37A of the CCS (Pension) Rules is not applicable. The representations of the applicants were duly considered and there is no merit in them for the reasons mentioned in the reply. Further, they have mentioned that the pension liabilities of the retirees and existing employees will continue to be borne by the Government from MoD budget for defence pension.
The respondents have submitted that there is no change in the service conditions of the employees of the erstwhile OFB as Central Government employees. Conversion of OFB into 7 DPSUs is a policy decision of the Government. The Hon'ble Apex Court in Balco Employees Union v. Union of India, [AIR 2002 SC 350] has PIYUSH observed that it is neither within the domain of the Courts nor within CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a the scope of judicial review to embark upon the enquiry as to whether 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 a particular public policy is wise or whether better public policy can be evolved. The Courts cannot strike down a policy at the behest of a Page 22 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 petitioner merely because some other or different policy would have been fairer or wiser or more scientific.
The employees who have been transferred on deemed deputation would be given an option for permanent absorption in their respective DPSU and will remain as Central Government employees till such exercise is completed. Further, it has been ensured that there is parity in the transfer terms and conditions of all the employees. Hence, the respondents have submitted that MoD OM dated 24.09.2021 (Annexure-A/1) and order dated 01.10.2021 (Annexure A/2) has been issued in pursuance of a well-considered policy decision and cannot be held to be arbitrary, unfair and unjust.
6. The respondents have raised the similar contentions in their reply to O.A./1038/2022. For the sake of brevity, the reply filed in O.A./116/2022 is not being discussed at length.
7. The applicants have filed a rejoinder to the reply filed by the respondents in O.A./116/2022 wherein it has been submitted that NPS is a contributory market linked pension system where employees have PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA to mandatorily contribute 10% of their salary with no guarantee of Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 minimum pension, whereas in OPS, Govt guarantees minimum of 50% of last pay drawn as a minimum pension after retirement and without any deductions/contributions from the employee. The other Page 23 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 points raised in the rejoinder are nothing but reiteration of the pleadings made in the O.A..
8. The respondents have filed additional reply to the rejoinder in O.A./116/2022 wherein it has been submitted that the applicants are asking for deputation allowance, tenure, pay fixation, cooling off period between two periods and other terms and conditions applicable under DoP&T instructions dated 17.06.2010 and subsequent amendments.
DoPT instructions dated 17.06.2010 states that these instructions will not be applicable to appointments of the nature of deemed deputation or transfers to ex-cadre posts made in exigencies of service with the specific condition that no deputation (duty) allowance will be admissible. - e.g. (i) interim arrangements in the event of conversion of a Government office/organisation or a portion thereof into a PSU/ autonomous body or vice-versa; and ii) appointments to the same post in another cadre [para 2.2(e) of DoPT OM No 6/8/2009-Estt. (pay II)]. The said order also does not give PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 exemption to the NPS subscribers. There are various case laws 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 submitted by the applicants' counsel in additional rejoinder to the additional reply which have been taken into consideration. The applicants are trying to draw parity to the ITS officers who got Page 24 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 absorbed into BSNL and MTNL. Hence the applicants are pleading that the Rule 37A cannot be applied in the instant matter on them. Reply to additional rejoinder has also been filed by the respondents.
9. We have considered the matter, heard the counsels and perused the pleadings and documents annexed with both the Original Applications. The judgments relied on by the counsel for the parties have been taken into consideration.
10. It is a fact on record that the decision to corporatize the functions of 41 production units of the OFB was taken pursuant to the decision of the Union Cabinet on 16th June, 2021. A notification dated 01.10.2021 was issued wherein the management, control, operations and maintenance of these 41 production units was delegated to seven (7) Government companies. Further, it was directed that from the appointed date i.e. 01.10.2021, OFB, which was set up vide Ministry of Defence letter No. 1(82)/78/D(Fy.I) dated 09.01.1979, shall cease to exist as a body. Moreover, as per the decision of the government, each of the new DPSU are required to PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 frame rules and regulations relating to service conditions of the 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 absorbed employees and seek an option for permanent absorption from the employees on deemed deputation to that respective DPSU, within a period of two years. Till such time the employees remain on Page 25 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 deemed deputation to the new DPSUs, they shall continue to be subject to the extant rules, regulations and orders as are applicable to the Central Government servants. For the employees recruited after 01.01.2004, National Pension Scheme applicable to the Central Government employees may be adopted by the New DPSUs. Since the applicants were recruited in government service after 01.01.2004, their pension and other retirement benefits will continue to be governed by the 'New Pension Scheme'.
11. It is observed that Rule 37A is applicable to employees who were recruited before 31.12.2003. It is not applicable to employees recruited w.e.f. 01.01.2004. This was only a phase of transition as all DPSUs were required to frame their own recruitment rules. As the recruitment rules were yet to be framed, the temporary arrangement made as per the decision of the Government of India as per the extant rules cannot be interfered with.
12. The issue regarding dissolution of OFB into these DPSU has already been considered by various Courts in the country. Reliance is PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 placed on the judgment of the Hon'ble High Court of Madras in 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 WP.No.19674 of 2021 on 29.07.2024. The relevant portion of the judgment is reproduced as under:
Page 26 of 29
O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 " ... The 1st petitioner is aggrieved by Office Memorandum dated 21.06.2021 issued by the Ministry of Defence, Government of India/R1 conveying the decision of the Cabinet taken on 16.06.2021, to convert the production units of the Ordinance Factory Board (OFB) into seven Defence Public Sector Undertakings (DPSU) with 41 units.
4. At the outset, both learned counsel would fairly represent that the decision of the Delhi High Court in Bharatiya Pratiraksha Mazdoor Sangh v. Union of India, Ministry of Defence and another1 would be applicable on all fours to the present writ petition. In that writ petition, which was filed in public interest, the Bharatiya Pratiraksha Mazdoor Sangh (BPMS), a federation of registered trade unions working in defence installations of the Ministry of Defence including the OFB were also aggrieved by the conversion of the OFB into DPSU.
After hearing the rival contentions, that writ petition came to be dismissed on the ground that the conversion of OFB into DPSUs constituted a policy decision that calls for no intervention or interference.
5. ..... the interests of the petitioner had been duly taken note of and protected and there was thus no cause for them to be aggrieved by the impugned decision.
PIYUSH CHANDRA
6. ..... Government remains committed to safeguard the Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= interests of the erstwhile OFBs. At paragraph 35 of reply dated 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 12.02.2024 of the respondents to rejoinder dated 08.11.2021, they make it clear that the employees of erstwhile OFBs on deemed deputation to the newly formed seven (7) DPSUs would continue as Central Government servants and their pay scales, allowances, Page 27 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 leave, medical facilities, carrier progression and other service conditions will continue to be governed by the extant Rules, Regulations and orders as are applicable to Central Government servants.
7. They would be given an option for permanent absorption in the new DPSUs and their terms of service would change only consequent upon their exercise of such option. The Delhi High Court in BPMS has taken note of this fact.
8. To be fair, Mr.Ravikumar Paul also does not deny the commitment of the State to protect the interests of the employees of the OFBs. He would also accede to the position that the arguments put forth by the present petitioner more or less align with those put forth by BPMS and that they have been considered and decided adverse to the petitioner in the decision of the Delhi High Court. That decision is stated to have become final and with that, nothing further remains as far as the merits of the case is concerned."
13. The above judgment relies on the judgment of the Hon'ble High Court of Delhi in the case of Bhartiya Pratiraksha Mazdoor Sangh v. Union of India & Anr. WP (C) No. 8056 of 2022 dated 03.08.2023 on similar facts:-
PIYUSH CHANDRA "The Hon'ble Delhi High Court, after a thorough consideration Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 of the arguments, held that the government's policy decision to convert OFB into seven corporate entities was in the national interest and aimed to enhance functional autonomy, efficiency, and innovation in Ordnance Factories. The Court emphasized Page 28 of 29 O.A.No. 200/00116/2022 & O.A.No. 200/01038/2022 that the power of policy-making lies solely with the executive, and the Courts cannot bind the government to its policy decisions taken in public and national interest. Moreover, the Court observed that the decision does not violate any constitutional rights guaranteed to citizens. It is well-established that Courts should not interfere with policy decisions made in the national interest. Therefore, the PIL was dismissed as the interests of the employees had been adequately protected by the government."
14. We observe that the applicants are asking for contradictory reliefs in these Original Applications. On one hand, they are challenging the impugned order (Annexure A/1) and have sought quashment of the same, while on the other hand, they are asking for deputation allowance on being transferred to DPSUs as foreign service for a period of 2 years under the same order. Hence, the aforesaid relief seeking deputation allowance is not legally tenable.
15. Since this issue has been deliberated at length by various High Courts in the country and the W.P.s have been dismissed, we also do not find any merit in these O.A.s.
16. Accordingly, both the Original Applications are dismissed PIYUSH CHANDRA Digitally signed by PIYUSH CHANDRA DN: C=IN, O=PERSONAL, T=8210, Phone= 52c5f90c50706321ed80814b0bbffca59b8a83627 1ee48dd9edc1c091e254044, PostalCode= 211003, S=Uttar Pradesh, SERIALNUMBER= ca65182c1f5d538fc2be080fd40275e97b2024a3a 558eccd51c71b9c6d742f76, CN=PIYUSH CHANDRA with no costs.
Reason: I am the author of this document Foxit PDF Reader Version: 2024.3.0 (Mallika Arya) (Akhil Kumar Srivastava) Administrative Member Judicial Member VK/-
Page 29 of 29