Central Administrative Tribunal - Jabalpur
Himanshu Shrivastava vs M/O Defence on 30 October, 2025
1 O.A.No. 200/01011/2013
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL,
JABALPUR BENCH
JABALPUR
Original Application No.200/01011/2013
Jabalpur, this Thursday, the 30th day of October, 2025
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Himanshu Shrivastava, S/o Late V.C. Shrivastava, Date of Birth -
05.10.1978, R/o Q.No. 3076, Type - III, Sector - II, New Colony, GCF
Estate, Jabalpur - 482 001 (M.P.).
2. Yogendra Singh Parihar, S/o Late C.M.S. Parihar, Date of Birth -
26.04.1976, R/ o Ajeet Light House, Opposite Police Station, Ward No.
12, Barela, Jabalpur - 482 001 (M.P.).
3. Nagendra Kumar Paroha, S/o Shri Shankar Lal Paroha, Date of Birth -
30.06.1961, R/o 2072/B, Behind Mahavir Kirana Store, New Shobhapur,
Jabalpur - 482 001 (M.P.).
4. Naresh Kumar Shrivas, S/o Shri S.G. Shrivas, Date of Birth -
10.07.1962, R/o H. No. 637, Kamla Nehru Nagar, Garha Road, Jabalpur -
482 001 (M.P.).
5. Promod Kumar Mishra, S/o Shri Ramjeet Mishra, Date of Birth -
30.06.1959, R/o 1/11, Fatehgarh Line, GCF Estate, Jabalpur - 482 001
(M.P.).
6. Smt. Arundhati Kosta, W/o Shri Sourav Kosta, Date of Birth -
03.07.1981, R/o Duplex No. C-33, Rajul Township, Mandla Road, Tilhari,
Jabalpur - 482 001 (M.P.).
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7. Nitin Sharma, S/o Shri M.L. Sharma, Date of Birth - 05.08.1979, R/o
Plot No. 86/87, Shikshak Colony, Behind Jagdamba Colony, Cherrtial
Ward, Jabalpur - 482 001 (M.P.)
8. Smt. Kalyani Mishra, W/o Shri Alok Mishra, Date of Birth -
01.09.1980, R/o 132, Champa Nagar, Khamariya, Jabalpur - 482 001
(M.P.).
9. Sourav Kosta, S/o shri Ramesh Kosta, Date of Birth - 03.10.1980, R/o
Duplex No. C-33, Rajul Township, Mandla Road, Tilhari, Jabalpur - 482
001 (M.P.).
10. Alok Mishra, S/o Shri Shiv Kumar Mishra Date of Birth - 10.02.1980,
R/o 132, Champa Nagar, Khamariya, Jabalpur - 482 001 (M.P.).
11. Virendra Singh Parte, S/o Shri S.S. Singh, Date of Birth - 06.09.1982,
R/o Q.No. 3037, Type - III, Sector - II, New Colony, GCF Estate, Jabalpur
- 482 001 (M.P.).
12. Lawrence Samson, S/ o Late Jeevan Samson, Date of Birth -
11.01.1971, R/o Q.No. 124/1, Tute Line, GCF Estate, Jabalpur - 482 001
(M.P.).
13. Smt. Shayama Pramar, S/o Shri D.S.Pramar, Date of Birth -
06.01.1958, R/o 129, Chandan Colony, Ranjhi, Jabalpur - 482 001 (M.P.).
14. Sandesh Kumar Sharma, S/o Late Ashok KR Sharma, Date of Birth -
28.05.1974, R/o 632/ 1, Ramnagar Colony, Near Sanjeevan Hospital,
Raddi Chowki, Adhartaal, Jabalpur - 482 001 (M.P.).
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15. Mool Chandra Kesarwani, S/o Shri Jhawar L Kesarwani, Date of Birth
- 24.11.1959, R/o H. No. 494, Madai, VFJ Estate, New Masjid, P.O.
Vehicle Factory, Jabalpur - 482 001 (M.P.).
16. Sanjay Kumar Thakare, S/ o Late Teekaram Thakare, Date of Birth -
29.06.1975, R/o 451, Near Hanuman Temple, Shanti Nagar, Damohnaka,
Jabalpur - 482 001 (M.P.).
17. Kamal Singh, S/ o Late Hargovind, Date of Birth - 13.12.1962, R/o
62/2. Ranjeet Singh Margh, GCF Estate, Jabalpur - 482 001 (M.P.).
18. Rajendra Kumar Dumar, S/ o Late Chhotelal Dumar, Date of Birth -
01.02.1973, R/o 105/2, New Colony, Type - IV, GCF Estate, Jabalpur -
482 001 (M.P.).
19. Raj Kumar Verma, S/o Shri Phool Chand Verma, Date of Birth -
18.08.1970, R/o H. No. 1781/2, New Shobhapur, P.O. Vehicle Factory,
Jabalpur - 482 001 (M.P.).
20. Smt. Vijeshwari, W/o Late Vinodraj, Date of Birth - 28.03.1959, R/o
Q. No. 496, Madai Masjid, Village - Madai, Jabalpur - 482 001 (M.P.).
21. Vivek Kumar Sharma, S/o Late Mittulal, Date of Birth - 28.05.1968,
R/o 521/4, Sector - I, New Colony, GCF Estate, Jabalpur - 482 001
(M.P.).
22. Sowmitra Kumar Shirvastava, S/o Shri Akhilesh Shrivastava, Date of
Birth - 01.02.1979, R/o Plot No. 108 A, Nanak Nagar, Manegaon, Ranjhi,
Jabalpur - 482 001 (M.P.).
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23. Mukesh Kumar Tiwari, S/o Shri Sheshmani Tiwari, Date of Birth -
01.11.1980, R/o 709, Gayatri Chaya Bhawan, West Ghamapur, Jabalpur -
482 001 (M.P.).
24. Atul Kumar Prajapati, S/o Shri Ram Prasad Prajapati, Date of Birth -
01.07.1986, R/o Q. No. 513/2, Type - III, Sector - I, New Colony, GCF
Estate, Jabalpur - 482 001 (M.P.).
25. Rohit Tigga, S/o Shri Abhram Tigga, Date of Birth - 07.09.1988, R/o
M.1.4 - 7, GDA Colony, Behind Saraswati School, Ranhji, Jabalpur - 482
001 (M.P.).
26. Dheeraj Kumar, S/o Shri Jay Murat, Date of Birth - 07.06.1988, R/o
Q.No. 3075, Type - III, Sector - II, New Colony, GCF Estate, Jabalpur -
482 001 (M.P.).
27. Ashish Kumar Khare, S/o Shri Ashok Kumar Khare, Date of Birth -
25.08.1984, C/o Shri Manoj Sharma, 1786/AM, Behind JEC School, New
Shobhapur, Jabalpur - 482 001 (M.P.).
28. Satyaprakash, S/o Late Dayashankar, Date of Birth - 04.10.1983, R/o
Q. No. 506/3, Type - III, Sector - I, New Colony, GCF Estate, Jabalpur -
482 001 (M.P.).
29. Devashish Sarkar, S/o Shri Narayan CH. Sarkar, Date of Birth -
07.12.1986, C/o Shri R.B. Shah, Plot No.8, Sharda Colony, New
Kanchanpur, Jabalpur - 482 001 (M.P.).
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30. Smt. Sarla P John, D/o Shri D.Y. Naidu, Date of Birth - 20.01.1958,
R/o H. No. 14, Abhishek Vihar, Ratan Colony, Gorakhpur, Jabalpur - 482
001 (M.P.).
-Applicants
(By Advocate - Shri Akash Choudhary)
Versus
1. Union of India, Through its Secretary, Ministry of Defence, Department
of Defence Production and Supplies, South Block, New Delhi. 110 001
2. Director General of Ordnance, Directorate of Ordnance (Coordination
& Services), 10-A, S. K. Bose Road, Kolkata - 700001
3. The General Manager, Gun Carriage Factory, Jabalpur (M.P.) 482 075
4. Chief Managing Director, Advance Weapons & Equipment India Ltd.,
Ordnance Factory Kalpi Road, Kanpur (U.P.)
- Respondents
(By Advocate - Shri N K Mishra)
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ORDER
By Mallika Arya, AM:
The applicants by way of the present original application are aggrieved with the action of the respondents in not filling up the promotional post from Non Technical Supervisory Staff in the respondent organization in an identical ratio to that of their counterparts i.e. Technical Supervisory Staff.
2. Briefly stating, the facts of the case are that the applicants are working on the post of Charge-Man (NT) for a long time without there being any opportunity for promotion. The applicants are also challenging the non-action of the respondents in not preparing any SRO for filling up the post of Junior Works Manager (JWM) Non-Technical (NT). Therefore the employees of the applicants' cadre i.e. Non-technical (other than Stores & Stores) are having diminishing chances in promotion avenues. The next promotional post for the post of Chargeman (NT) is Junior Works Manager (JWM) (NT). Two separate seniority lists are being maintained in the respondent organization for Technical and Non- Technical cadres. Before acceptance of recommendation of 6th CPC, in the Technical category, the post of JWM was filled up by the feeder post of Assistant Foreman and the post of JWM (NT) was filled by Foreman Page 6 of 15 VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 7 O.A.No. 200/01011/2013 Reserved (NT) and Store Holders. After the acceptance of the recommendation of 6th CPC, the post of Assistant Foreman (T) has been merged with Junior Works Manager (T) and the posts of Foreman (NT) & Store Holders have been merged with Junior Works Manager (NT). Though the promotional avenues for the post of Chargeman (T) is Junior works Manager (T) and is governed by SRO 182 whereas, there is no SRO for the post of Junior works Manager (NT). The same is regulated as per the executive order No.44/ (1)(02)(iii) DFY-2 dated 1.10.2002 issued by Deptt. of Defence Production & Supplies, Ministry of Defence (Annexure-A/3). Further, there is no mention of the post of Office Superintendent in the feeder post for promotion to the post of JWM(NT). However, the respondents are regularly issuing promotion orders of Office Superintendents to the post of JWM (NT). A copy of such promotion order is marked herewith as Annexure-A/4. This is discriminatory to the cadre of applicants i.e. Chargeman (NT). By virtue of this discriminatory approach, the actual ratio of Chargeman (NT): JWM (NT) stands at 86:14. This is not at par with the inter-grade ratio of JWM (T) which is 60:40. This information has been obtained by the respondents under Right to Information Act vide OFB Letter dated 18.07.2013 (Annexure-A/6). Hence, the employees working in the Non Technical category are having less chances of Page 7 of 15 VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 8 O.A.No. 200/01011/2013 Reserved promotion to the post of Assistant Works Manager. The applicants are alleging discriminatory approach of the respondents wherein non Technical Supervisory Cadre is being deprived of their legitimate right for promotion vis-à-vis their batch mates in Technical Cadre which is violative of the Article 14 of the Constitution of India. The inter grade ratio of 60:40 is being maintained for Chargeman (T) and JWM (T) whereas the inter grade ratio between Chargeman (NT) and JWM (NT) is 70:30. Accordingly, the applicants have sought the following relief:
"8.(ii) Command the respondents to draw the cadre strength of JWM (NT) after redrawing the inter-grade ratio duly including the cadre strength of Office Superintendent so that the inter grade ratio is maintained as 60:40.
8.(iii) To direct the respondents to effect the promotion orders of Chargeman (NT) with retrospective date in the revised cadre strength by conducting review DPC and also to restore the seniority of the applicants vis-à-vis their technical counterparts.
8.(iv) Command the respondents to notify the SRO for filling up the post of Junior Works Manager (JWM) Non-Technical (NT)."
3. The respondents have filed their reply wherein it has been submitted that prior to implementation of recommendations of the 6th CPC, the post of Foreman (NT) was the promotional grade to the post of Page 8 of 15 VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 9 O.A.No. 200/01011/2013 Reserved Chargeman (NT/OTS) as well as to Office Superintendent. On the recommendations of the 5th CPC, the post of Foreman (NT) has been merged with the post of Junior Works Manager (NT). There has been no impact on the career progression of the applicants on account of the said merger since both the posts of Chargeman (NT/OTS) and Office Superintendent, which were earlier Feeder grades to Foreman (NT) have now become feeder grades to junior Works Manager (NT). The post of Junior Works Manager (NT) is comparatively new vis-a-vis it's Technical counterpart i.e Junior Works Manager (T). This was created vide Ministry of Defence order No. 44(1) / 2002/III/D(FY-II) dtd 01.10.2002 (Annexure A/3) on the basis of the recommendations of the 5th CPC. The initiative to draft SRO for Junior Works Manager (NT) has already been taken up in consultation with Ministry of Defence and is pending for approval from the competent authority. In the absence of the SRO the executive order dated 01.10.2002 by which the new post of Junior Works Manager (NT) was created is being used as the existing guidelines for regulating promotions and recruitment (Annexure R/1).Since Foreman (NT) was the feeder grade to junior Works Manger (NT), hence, neither Office Superintendent nor Charge-man (NT/OTS) were mentioned as feeder grades to Junior Works Manager (NT) in the executive order dated Page 9 of 15 VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 10 O.A.No. 200/01011/2013 Reserved 01.10.2002. After the merger of feeder grades of Foreman (NT), these have become the feeder grade of Junior Works Manager (NT). There is no inconsistency in the said action of the respondents. The applicants have also questioned the inter grade ratio of the Non-Technical Supervisory cadre. The posts of Chargeman (NT), Foreman (NT) and Store Holder, were considered for deciding the said inter-grade ratio in the cadre of Non Technical Supervisory Grade. Since 5th CPC is an expert body and as elucidated by the Hon'ble Apex Court in a plethora of Judgments, it is neither possible nor desirable for the courts to penetrate into the jurisdiction of an expert body or to examine and comment on its recommendations. As far as the figure of 86:14 being the inter-grade ratio in the grade of applicants is concerned, it is not understood as to how the applicants have arrived at this figure. The inter grade ratio for Non- Technical Supervisory Cadre has determined as 70:30 as per recommendations of the 5th CPC and the said action is not discriminatory. The inter-grade ratio has never been challenged since its inception in 2002 and the same is well settled and time tested. Any change at this stage will unsettle many settled issues. As a matter of fact there is no scope of comparison of career progression of separate disciplines/trades on a rational basis because there are multiple factors/parameters which impact Page 10 of 15 VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 11 O.A.No. 200/01011/2013 Reserved promotions viz. availability of vacancy in different disciplines/trades is just one of these factors. Hence, the averment of the applicants that the only reason for their stagnation is the disparity in the inter-grade ratio is baseless.
4. The applicants have also filed a rejoinder which is nothing but reiteration of earlier facts as no new fact has been brought on record by way of rejoinder.
5. The respondents have also filed additional reply to the rejoinder wherein the respondents have submitted that there is no functional resemblance in the Technical and Non-Technical Supervisory Cadre. Since the Office Superintendent has all along been a Non-Industrial cadre the same was not in taken into account by the 5th CPC for determining the inter-grade ratio of the Non-Technical Supervisory cadre. It is obvious that the merger of feeder grade of Foreman (Non-Technical) have become the feeder grade of Junior Works Manager (NT). Moreover the respondents have also submitted that there is little functional equivalence/resemblance between Technical and non-Technical Supervisory cadre and inter-grade ratio directly co-relates to the functionality of the particular discipline. Page 11 of 15 VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 12 O.A.No. 200/01011/2013 Reserved
6. We have considered the matter, heard the counsels for the parties, perused the documents and the case laws relied upon by both the counsels.
7. It is a case where the non-technical supervisory grade in the respondent department is asking for parity vis-à-vis their counterparts i.e. Technical Supervisory staff on a notion that their inter grade ratio stands at 86:14 whereas that of Technical Supervisory Grade stands at 70:30. The respondents have contested this argument of the applicants and have also submitted that it is not understood as to how the same has been worked out by the applicants. Further, the applicants are assuming that their promotional avenues will be reduced due to an adverse inter grade ratio vis-à-vis their counterparts. However no specific case of grievance has been brought on record by the applicant in the O.A..
8. The respondents on the other hand have given a detailed justification that the grade of JWM (NT) has been created recently. Since there is no SRO governing their recruitment and promotion, it is being dealt with as per the executive order dated 01.10.2002. However, the respondents are in process of framing suitable guidelines for this cadre as well. The respondents have submitted that inter grade ratio of non technical supervisory cadre has been determined as 70:30 as per the Page 12 of 15 VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 13 O.A.No. 200/01011/2013 Reserved recommendations of 5th CPC and cannot be averred as discriminatory being a conscious decision of the expert body. Since 5th CPC is an expert body, courts have no jurisdiction to looking into their recommendations. In this regard, we take note of the judgment passed by the Hon'ble Apex Court in the matter of Mallikarjuna Rao and Others vs State of Andhra Pradesh, 1990 (2) SCC 707 wherein the Hon'ble Apex Court has held has follows:
".......It is neither legal nor proper for the High Courts or the Administrative Tribunals to issue directions or advisory-sermons to the executive in respect of the sphere which is exclusively within the domain of the executive under the constitution. Imagine the executive advising the judiciary in respect of its power of judicial review under the constitution.......
......While exercising power-of judicial review of administrative action, the court is not an appellate authority. The constitution does not permit the court to direct or advise the executive in matters of policy or to sermonize qua any matter which under the constitution lies within the sphere of legislature or executive.""
9. Reliance is placed on the judgment of Hon'ble Apex Court in the case of Dwarka Prasad and others vs Union of India and Others, 2003 (6) SCC 535 wherein the Hon'ble Court has held as follows: Page 13 of 15
VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 14 O.A.No. 200/01011/2013 Reserved "Fixation of quotas or different avenues and ladders for promotion in favour of various categories of posts in feeder cadres based upon the structure and pattern of the Department is a prerogative of the employer, mainly pertaining to policy making field. The relevant considerations in fixing a particular quota for a particular post are various such as the cadre strength in the feeder quota, suitability more or less of the holders in the feeder post, their nature of duties, experience and the channels of promotion available to the holders of posts in the feeder cadres. Most important of them all is the requirement of the promoting authority for manning the post on promotion with suitable candidates. Thus, fixation of quota for various categories of posts in the feeder cadres requires consideration of various relevant factors, a few amongst them have been mentioned for illustration. Mere cadre strength of a particular post in feeder cadre cannot be a sole criteria or basis to claim parity in the chances of promotion by various holders of posts in feeder categories.
Normally, where officers are to be drawn for promotion from different posts in the feeder cadre, quota for each post in the feeder cadre is maintained proportionately to the sanctioned strength in that post. This, however, cannot be an inviolable rule of strict application in every case, with any absolute equality of arithmetical exactitude but may vary case to case depending upon the pattern, structure and hierarchies in the Departmental set up as well as exigencies and balancing needs of Administration. There are other relevant considerations, some of which have been mentioned above, which may require departure from the Page 14 of 15 VISHAL 2025.11.04 12:57:41 KUSHWAH+05'30' 15 O.A.No. 200/01011/2013 Reserved practice of fixation of quota for each post in the feeder cadre, solely proportionate to its strength........
........... In the case of State of Rajasthan vs. Rajendra Kumar Godika [1993 Suppl. (3) SCC 150 at 167, this Court relied and quoted with approval the following passage from constitutional law by Prof. Willis and repelled similar contention on grievance of discrimination:-
"Mathematical nicety and perfect equality are not required. Similarity, not identity of treatment, is enough. If any state of facts can reasonably be conceived to sustain a classification, the existence of that state of facts must be assumed. One who assails a classification must carry the burden of showing that it does not rest upon any reasonable basis."
Articles 14 & 16 of the Constitution of India cannot be pressed into service to describe the fixation of lower quota for POs as discriminatory.......
We do not find any legal or constitutional infirmity in the lower quota fixed for POs as compared to EOs for the post of Appraiser Group 'B'......"
10. In light of these discussions in the preceding paragraphs and the case laws on the subject, we do not find any merit in this O.A. and the same is dismissed. No costs.
(MallikaArya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
VK/-
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