Central Administrative Tribunal - Delhi
M Mogulaiah vs M/O Defence on 22 March, 2023
1
Item No. 34 OA No. 1099/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 1099/2021
With
O.A. No. 1100/2021
O.A. No. 1672/2021
O.A. No. 1103/2021
O.A. No. 1105/2021
O.A. No. 1104/2021
Dated this the 22nd Day of March, 2023
Hon'ble Mr. R. N. Singh, Member (J)
Hon'ble Mr. Sanjeeva Kumar, Member (A)
O.A. No. 1099/2021
1. M. Mogulaiah, S/o. M. Sangaiah, Aged about 47 years, Occ:
Junior Works Manager (JWM),
R/o. H.No.40, Adarsh Colony, Malakapur, Sangareddy
District.
2. S. Linga Reddy, S/o. Papi Reddy,
Aged about 54 years, Occ: Junior Works Manager (JWM),
R/o. H.No.1-36/1/4/2/109, Chandanagar Village,
Rangareddy District, Telangana State.
3. K. Govardhan Rao, S/o. K. Venkata Subbaiah, Aged about 55
years, Occ: Junior Works Manager (JWM),
R/o. Flat No.9, Laxmi Sai Meadows Colony,
Jayalaxmi Nagar, Bhiramguda, Sangareddy District.
4. K. Srinivasulu, S/o. K.V. Chelapathaiah, Aged about 53 years,
Occ: Chargeman (CM/T), R/o: Flat No.3-3-76/RG, Rahul
Grander Apartments, Hyderguda, Hyderabad.
5. P. Devender, S/o. Late Gangaiah,
Aged about 48 years, Occ:Chargeman (CM/T), R/o.H.No.4-7-
23/M/17, ODF Colony, Bypass Road, Sangareddy,
Sangareddy District.
6. D. Sadanandam, S/o. Lingaiah, Aged about 51 years, Occ:
Junior Works Manager (JWM/T), R/o: Flat No.355,
Bhavanipuram, Lingampally, Hyderabad.
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Item No. 34 OA No. 1099/2021
7. K. Mahender, S/o. Mallaiah,
Aged about 50 years, Occ: Junior Works Manager (JWM/T),,
R/o.Skypex Garden, Chandanagar, Hyderabad.
8. K. Laxma Reddy, S/o. Shiva Reddy, Aged about 50 years, Occ:
Junior Works Manager (JWM/T), R/o.H.No.5-10-1/108,
Bharath Nagar, Ameenpur, Sangareddy, Sangareddy District.
9. M. Manohar, S/o. Pandu, Aged about 50 years, Occ:
Chargeman (CM/T),
R/o: Plot No.452, KDC, Pantancheru, Sangareddy, Sangareddy
District.
10. G.N. Uma Maheswara Rao, S/o. Radhakrishna Murthy, Aged
about 49 years, Occ: Junior Works Manager (JWM/T),
R/o:Plot No.201, Ishwaryanagar, Lingampally, Hyderabad.
11. N. Srinivas, S/o. Nambaiah, Aged about 47 years, Occ:
Chargeman (CM/T), R/o: Plot.No.79, ODF Colony, Rajampet,
Sangareddy, Sangareddy District.
12. Y. Rajendra Prasad, S/o. Saraiah,
Aged about 50 years, OcC: Chargeman (CM/T). R/o:
Q.No.22113, Ordinance Factory Estate, Yeddumailaram
Sangareddy, Sangareddy District.
13. M.Srinivas, S/o. Balaiah,
Aged about 46 years, Occ: Chargeman (CM/T),
R/o: H.No. 11-62, Chimnapur, Kandi,
Sangareddy, Sangareddy District.
14. Palle Raju, S/o. Durgaiah, Aged about 40 years, Occ:
Chargeman (CM/T), R/o: Quarter No.3017, OFMK,
Yeddumailaram, Sangareddy, Sangareddy District.
15. G.Raju, S/o. Moses, Aged about 46 years, Occ: Chargeman
(CM/T), R/o: Quarter No.3134, OFMK Estate, Yeddumailaram,
Sangareddy, Sangareddy District.
16. C.H.Venkateshwar Rao, S/o. Raghavaiah, Aged about 55
years, Occ: Chargeman (CM/T), R/o: H.No.8-474, Miyapur,
Hyderabad.
17. K. Varaprasad Rao, S/o. Rama Subbaiah,
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Item No. 34 OA No. 1099/2021
Aged about 50 years, Occ: Junior Works Manager (JWM/T),
R/o: Quarter No.3061, OFMK Estate, Yeddumailaram,
Sangareddy, Sangareddy District.
18. Alluraiah, S/o. Kotaiah,
Aged about 51 years, Occ: Chargeman (CM/T), R/o: H.No. 13-
258-24/1, Sai Krupa Colony, Bhirumguda, Sangareddy,
Sangareddy District. ...Applicant
(By Advocate: Mr. R. Venkataram, Mr. Apoorva Singhal )
Versus
1. Government of India, Ministry of Defence,
Rep. by its Director General, Ordnance Factory Board,
Ayudh Bhavan, 10A, Shaheed Khudram Bose Road, Calcuta-
700 001.
2. The General Manager,
Ordinance Factory Project, Yedumailaram, Medak District.
3. AICTE Southern Regional Officer, Shastri Bhavan, 26,
Haddows Road, Chennai.
4. The Institutions of Mechanical Engineers (India), Hansmukh
Bhavan IME behind CIDCO Office, Near HIranandani Park Plot
No.24 Sec-4, Kharghar
Navi Mumbai - 421 0210. ...Respondents
(By Advocate: Mr. Gyanendra Singh)
OA 1100/2021
1. SANJEEV KUMAR JHA,
P. No. 913636,
S/o Late Santosh Kumar Jha, Age: 48 years, Occupation:
Junior Works Manager, (Section GMP) Ordinance Factory,
Itarsi, District Hoshangabad (M.P.) Hoshangabad (M.P.)
461122 R/o MIG-18, M.P. Housing Board Colony, Old
Itarsi, District
2. GIRISH AGNIHOTRI,
P. No. 913741, Age 47 yrs.
S/o Shyam Rao Agnihotri Occ: Junior Works Manager,
(Section CMM), Ordinance Factory Itarsi, District
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Item No. 34 OA No. 1099/2021
Hoshangabad - 461122 R/O LIG-238, Nyas Colony, Itarsi,
District Hoshangabad (M.P.) - 461111
3. MAKHAN SINGH UIKEY,
S/o Mohan Singh Uikey, Occ: Junior Works Manager, (IM
Section), Ordinance Factory Itarsi, District Hoshangabad
(M.P.) -
461111 P. No. 914060,
Age 51 yrs.
R/o Qtr No. 3045/Type-III, O.F.Itarsi, District Hoshangabad
(M.P.) 461 122
4. SANJAY KUMAR MULEY, Age 46 yrs.
P. No. 913868,
S/o Late Purushottam Muley,
Occ: Junior Works Manager, 0/0 R/o 114, Indus Empire,
Phase-II, Near of Shahpura Thana, trillanga,
Bhopal - 462 039
5. VIJU NAIR,
P. No. 913973,
Age 39 yrs. S/o G Muraleedharan Nair, Occ: Chargeman,
0/0 R/o Qtr No. 2049/Type-II, O.F.Itarsi, District
Hoshangabad (M.P.) 461 122
6. MANOJ KUMAR BAKORIYA, P. No. 914120,
Age 41 yrs.
S/o Mangilal Bakoriya,
Occ: Chargeman, 0/0
R/o Ward No.34, Chaitanya Nagar,
Itarsi, District Hoshangabad (M.P.)
7. ATUL BHADORIYA
P. No. 914056, Age: 47 years,
S/o S.S. Bhadoriya, Occ: Chargeman, (IM Section),
Ordinance Factory Itarsi, District Hoshangabad - 461111
R/o Qtr. No. 3077/Type-III, O.F. Itarsi, District
Hoshangabad -461122
8. VINOD SINGH CHOUHAN, P. No. 913973,
Age 56 yrs. S/o Sher Singh Chouhan
Occ: Chargeman, (Safety Section), Ordinance Factory Itarsi,
District Hoshangabad - 461111 R/o Qtr No. 2154/Type-II,
O.F.
Itarsi, District Hoshangabad (M.P.) - 461 122
5
Item No. 34 OA No. 1099/2021
9. EKNATH MAHAJAN,
P. No. 914117, Age 39 yrs.
S/o Shankar Rao Mahajan Occ: Chargeman, (CMM
Section), Hoshangabad - 461111 R/o Qtr No. 3107/Type-III,
Ordinance Factory Itarsi, District
O.F.Itarsi, District Hoshangabad (M.P.) 461 122
10. RUPESH RANGIRE, P. No. 914120,
Age 39 yrs.
S/o Bhagwan Prasad Rangire, Occ: Chargeman, 0/0 R/o
Qtr No. 3124/ Type-C, O.F. Itarsi, District Hoshangabad
(M.P.) - 461 122
11. SAGAR AHIRWAR, P. No. 914065,
Age 47 yrs. S/o Balram Ahirwar,
Occ: Chargeman, (Safety Section), Ordinance Factory
Itarsi, District R/o Qtr No. 2089, Type II, O.F.. Itarsi,
District Hoshangabad (M.P.)
Hoshangabad - 461111
- 461122
12. SHAILENDRA JAMNE, P. No. 914121,
Age 41 yrs. S/o Devi Singh Jamne, Occ: Chargeman (BP
Section) Ordinance Factory Itarsi, District Hoshangabad -
461111 R/o H.No.19, Krishna Vihar Colony, PH-3, Itarsi,
District Hoshangabad (M.P.)
13. SWADESH KUMAR CHOUDHARY,
P. No. 914121, Age 51 yrs.
S/o Late Ramswaroop Choudhary, Occ: Chargeman
(GMP Section) Ordinance Factory Itarsi, District
Hoshangabad 461111 R/o Vill: Pathrota, Post: Pathrota,
Itarsi, Distt.
Hoshangabad (M.P.) ...Applicants
(By Advocate:- Mr. Navtej Singh Ruprah )
Versus
1. UNION OF INDIA, Through the Secretary, South Block
Ministry of Defence, New Delhi 110001
2. THE DIRECTOR GENERAL, Ordinance Factories Board, 10-
A Shaheed Khudiram Bose Road, Kolkata (W.B.) 700 011
3. GENERAL MANAGER, Ordinance Factory, Itarsi, District
Hoshangabad - 461122
6
Item No. 34 OA No. 1099/2021
4. THE SECRETARY,
Human Resources Development Department of Higher
Education, Government of India, New Delhi - 110001
5. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION,
Nelson Mandela Marg, Vasant Kunj, New Delhi 110070
Through its chairman
6. INSTITUTE OF MECHANICAL
ENGINEERS,
Regd. Under the Societies Registration Act, XXI of 1860 and
Bombay Trusts Act, 1950 Through its Secretary, HQ
Hasmukh Bhawan, IME, Behind CIDCO Office, Near
Hiranandanl Park, Plot No. 24, Sector 4, Kharghar, Navi
Mumbai - 410 210 (MH) ...Respondents
(By Advocate:- Mr. Gyanendra Singh )
OA No. 1672/2021
1. Amit Chaudhary S/o Sri Anil Kumar Chaudhary
R/o Krishna Nagar, Gali NO. 7, Opposite Modi steel, Modi
Nagar
District- Ghaziabad, Uttar Pradesh- 201204
2. Manoj Kumar Verma S/o Giri Lal Verma
R/o H.No. Tyoe III/4B Ordnance Factory Estate Muradnagar
Gaziabad, Uttar Pradesh-201206
3. Praveen Kumar S/o Harendra Singh
R/o H.No. 82/old Type 3 Ayudh Niramani Estate
Murad Nagar, Gaziabad, Uttar Pradesh- 201206
4. Surendra Pal S/o Bidha Singh R/o H.No. II/DS/26 Ayudh
Nirmani Estate
Murad Nagar, Gaziabad, Uttar Pradesh- 201206
5. Tej Pal S/o Munna Lal
R/o H.No. 1/12/190 Murad Nagar, Gaziabad,
Murad Nagar,
Uttar Pradesh- 201206
6. Dheeraj Kumar Sharma S/o Jai Prakash Sharma
R/o 1, Gupta Colony Meerut City Meerut
Uttar Pradesh- 250002
7. Naveen Kumar S/o Mahipal Singh
7
Item No. 34 OA No. 1099/2021
R/o H.No. B-3/63 Type-2
G.T. Road Defence Colony,
C.O.D. S.O,
C.O.D. Kanpur Nagar, Uttar Pradesh- 208013 ...Applicants
(By Advocate:- Ms. Rashmi Chopra with Mr. Puneet Rathi )
Versus
1. Union of India through its secretory
Ministry of Defence, New Delhi.
2. The Director General,
Ordnance Factory Board,
Ayudh Bhawan 10A Shaheed Khudi Ram Bosh,
Kolkatta-700001
3. The Senior General Manager/General Manager
Ordinance factory, Murad Nagar,
District- Ghaziabad.
4. General manger
Ordnance Prashut Factory,
Napier Road,
Kanapur nagar 208004
5. The Director
AICTE, New Delhi
7th floor, Chander Lok Building,
Janapath, New Delhi-110001
6. The Secretary,
Ministry of H.R.D.
Department of Higher Education,
Shashi Bhawan,
New Delhi-110115 ...Respondents
(By Advocate:- Mr. R.K. Jain)
O.A No. 1103/2021
1. SACHIN KUMAR SANI,
P. No. 68511,
S/o Birendra Kumar Singh,
Age: 34 years Occupation:
8
Item No. 34 OA No. 1099/2021
Service as Examiner, (Section Q.A. Lab) Ordinance Factory,
Khamaria, Distt. Jabalpur 482005 (M.P.) R/o Q. No. 50/8,
Type I, East Land, Khamaria, Jabalpur - 482005
9516188902
2. BRIJESH KUMAR, P. No. 67938,
Age 36 yrs. S/o
Late Shri Roopchand, Occ: DBW (Danger Building Worker) -
High Skilled - i, (F-13 Section), Ordinance Factory Khamaria,
District Jabalpur (M.P.) - 462005 R/o C/o Balram, H.No.
12/8, Type-ll, East Land, Ordnance Factory, Khamaria,
Jabalpur (M.P.) 482005 Ph. 9407801113 06.07.2019
promoted to GP 2800
3. RAKESH KUMAR, P. No. 66939, Age 36 yrs. S/o Brahma Nand
Sharma, Occ: Danger Building Worker (HS-I), (Ordinance
Factory Khamaria), District Jabalpur (M.P.) - 482005R/o Q.
No. 11/15, Type-H, East Land, Khamaria, Jabalpur (M.P.)
482005 7649883586
4. R. ASOKRAJ, P. No. 67604,
Age 37 yrs.
S/o Shri P Ramachandran Occ: Machinist, (Section A/1),
Ordinance Factory Khamaria, District Jabalpur - 482005 R/o
C/o Madhavprasad Tiwari, H. No. 873, Champa Nagar,
Manegaon, Ranjhi, Jabalpur (M.P.) - 482005 8269120583,
9443883256
5. KAMLESH PATEL,
P. No. 67266,
Age 35 yrs.... S/o Shri Sudama Prasad Patel, Occ: Machinist,
(A/1 Section), Ordinance Factory Khamaria, District Jabalpur
(M.P.) - 462005 R/o Amrik Singh Colony, Tigra, Khamaria,
Jabalpur (M.P.) - 482005 9981936355,
9907283527 ..Applicants
(By Advocate:- Mr. Navtej Singh Ruprah)
Versus
1. UNION OF INDIA,
Through the Secretary,
Ministry of Defence, South Block,
New Delhi
110001
2. THE DIRECTOR GENERAL, Ordinance Factories Board,
10-A Shaheed Khudiram Bose Road, Kolkata (W.B.)-700 011
9
Item No. 34 OA No. 1099/2021
3. GENERAL MANAGER, Ordinance Factory, Khamaria, District
JABALPUR - 482005
4. THE SECRETARY,
Human Resources Development
Department of Higher Education,
Government of India, New Delhi-
110001
5. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, 7TH
Floor, Chandralok Building, Janpad, New Delhi-110001
6. INSTITUTE OF MECHANICAL ENGINEERS,
Regd. Under the Societies Registration Act, XXI of 1860 and
Bombay Trusts Act, 1950. Through its Secretary, HQ
Hasmukh Bhawan, IME, Behind CIDCO Office, Near
Hiranandani Park, Plot No. 24, Sector 4, Kharghar, Navi
Mumbai - 410 210 (MH)
7. Assistant Works Manager / NDT Ordnance Factory, Khamaria
Distt. Jabalpur - 482005 ...Respondents
(By Advocate:- Mr. Gyanendra Singh )
O.A. 1105/2021
1. Vikas T Bhagat
Age - 47 years
Father's Name - Late Shri Tulsiram Bhagat Address Q. No.
131/E OF Khamaria Jabalpur (MP)
Occupation Govt Servant
Email- [email protected] Phone8839413920
2. Basant Ku. Patel
Age - 49 years Occupation Govt Servant
Father's Name Late Shri Rambakhs Patel Email-
[email protected] Phone 9713212243
Address - Yadav colony, Jabalpur (MP)
3. B.B. Ojha Address - Ranjhi, Bada Pathar, Jabalpur (MP)
Father's Name - Late Shri K.N. Ojha Age - 47 years
Occupation Govt Servant
Email- [email protected] Phone 9131967212
4. Balmukund Shrivas
10
Item No. 34 OA No. 1099/2021
Father's Name - Late Shri Babulal Shrivas Email-
[email protected] Phone 7038297217
Age - 50 years Occupation - Govt Servant Address Sai Mandir
Ranzhi Jabalpur (MP)
...Applicants
(By Advocate:- Mr. Aditya Narayan Shukla )
Versus
1. The Union of India Through its Secretary, Ministry of Defence,
South Block, New Delhi.
2. The Director General, Ordnance Factory Board, 10-A, S.K.Bose
Road, Kolkatta, 700 001, W.B
3. The General Manager, Ordnance Factory Khamaria, Jabalpur
(MP) 482005
4. The Institution of Mechanical Engineers (India) Through its
Head Hasmukh Bhawan, Plot No.24, Behind CIDCO Office, Near
Hiranandani Park, Sector 4, Khargar, Navi Mumbai,
Maharashtra 410 210
5. All India Council for Technical Education (A statutory Body of
the Government of India), Through its Chairman Nelson Mandela
Marg, Vasant Kunj, New Delhi-110070.
...Respondents
(By Advocate:- Mr. Gyanendra Singh )
O.A. No. 1104/2021
1. M.Jeethender Reddy, S/o. Late M.Raja gopal Reddy,
Aged about 44 years, Occ: Welder, R/o. Fl.No,402,PL.No-102/A,
YGSN Appts, Near ABYASA School,
Gokul plots, Kukatpally, Hyderabad-500072.
2. Ch.Janardhan Reddy, S/o. Narsimha Reddy, Aged about 39
years, Occ: Fitter,
R/o. MIG-127, Bank colony, Near SBI Bank, By pass Road, Pothi
reddy pally, Sangareddy-502095.
3. S.Naga Raju, S/o. Gangaiah,
Aged about 39 years, Occ: Fitter, R/o: Q.No.22511, Ordnance
Factory Estate, Yeddumailaram (Post), Sangareddy District.
Telangana State-502202.
11
Item No. 34 OA No. 1099/2021
4. D.Simhachalam, S/o. D.Nadhulla, Aged about 36 years, Occ:
Fitter, R/o: Q.No.2211, Old Type-II, Ordnance Factory Estate,
Yeddumailaram (Post), Sangareddy District.
Telangana State-502202.
5. R.Ramlal, S/o. R.Devula Naik,
Aged about 49 years, Occ: Fitter (ELX), R/o: H.No.5-148/8,
M.S.Homes,
Road No.1, Near Fusion International School,
Ameenpur, Sangareddy District.
Telangana State-502032.
(All the applicants are working in the 2nd respondent Factory)
...Applicants
(By Advocate:- Mr. R. Venkataram )
Versus
1. Government of India,
Ministry of Defence,
Rep. by its Director General, Ordnance Factory Board,
Ayudh Bhavan, 10A, Shaheed Khudram Bose Road,
Calcuta-700 001.
2. The General Manager, Ordinance Factory Project,
Yedumailaram, Medak District.
3. AICTE Southern Regional Officer,
Shastri Bhavan,
26, Haddows Road, Chennai.
4. The Instutions of Mechanical Engineers (India), Hansmukh
Bhavan IME behind CIDCO Office, Near HIranandani Park Plot
No.24 Sec-4, Kharghar Navi
Mumbai - 421 0210. ...Respondents
(By Advocate:- Mr. Gyanendra Singh )
ORDER (ORAL)
Hon'ble Mr. R. N. Singh, Member (J) Learned counsels for the parties submit that the issue involved in all the captioned O.A.s are same, the grounds urged 12 Item No. 34 OA No. 1099/2021 in support of the claim of the applicants therein in the said O.A.s, are also same and therefore, with the consent of the learned counsels for the parties, the captioned matters have been heard together and are being disposed of vide the present common order. For the benefit of writing of the present order, the facts are being taken from O.A. No. 1099/2021.
2. The undisputed facts are that the applicants were initially appointed as skilled workers in various trades i.e., Welders, Millers, Fitters, Machinists ,etc by the competent authority amongst the respondents and these applicants have obtained final pass in Part-I and Part-II of the Technician Engineers Examination, also known as T. Engg. from Institution of Mechanical Engineers (India), Mumbai, (hereinafter referred to as IME) (Annexure A/6). All the applicants were enrolled for the said qualification and they have completed the same before 31.05.2013. Further it is also an admitted fact that the said qualification obtained by the applicants from IME, has been recognized by the respondents as being at par with the Diploma in Mechanical Engineering from a recognized institute/board/university, as is evident from various certificates to this effect available on page no. 23 till page no. 31. The applicants were promoted to the post of Chargeman and a few of the applicants were promoted by the respondents further as well 13 Item No. 34 OA No. 1099/2021 to the post of Junior Works Manager (JWM). Further a few of the applicants have been declared as ineligible for promotion to the post of Chargeman, in spite of such applicant(s) holding the aforesaid qualification.
3. It is further not in dispute that the respondents passed an impugned order dated 24.04.2020, vide which the details of the candidates who have been appointed to the post of Chargeman ,on the basis of the diploma from IME, has been sought by 10.05.2020. Vide the same order, dated 24.04.2020, it was directed that all the factories/units should verify the details of all the candidates as per their records who have been recruited/promoted as Chargeman (T/Mech) based on educational qualification/Technical Engineering Course (Diploma) acquired from IME and if any of such cases are found, immediate action is to be taken against such candidates for their reversion to their original posts by following the due procedure and details of such candidates were sought by 10.05.2020 for necessary action in this regard. The aforesaid orders were also passed by the respondents based on the directions contained in the impugned order dated 24.04.2020. Aggrieved by such order dated 24.04.2020 and the orders passed by the respondents based on such impugned communication dated 24.04.2020, the applicants in the captioned O.As. have approached this 14 Item No. 34 OA No. 1099/2021 Tribunal. Interim protection has been granted to the applicants in the captioned O.A.s by the Tribunal against the impugned order(s) and such interim protection is continuing as on date. In response to the notice from the Tribunal, respondents have filed counter reply. They have opposed the claim of the applicants as made in the present O.A.s
4. Learned counsels appearing for the applicants submits that the issue involved in the captioned O.A.s is squarely covered by a judgment of the Hon'ble Apex Court, dated 13.08.2019 in the matter of Institution of Mechanical Engineers (India) through its Chairman Vs. State of Punjab and others in Civil Appeal No. 1799/2017, reported in 2019 SCC OnLine SC 1023. Learned counsels for the applicants, particularly invites our attention to paragraphs 51 and 52 of the said judgment, which read as under:-
"51. However, the fact remains that the equivalence to the Certificates awarded by the appellant was granted by the MHRD in consultation with AICTE upto 31.05.2013 as is evident from Notification dated 06.12.2012 issued by the Central Government and Public Notice issued by AICTE in August, 2017. These communications also indicate that all those students who were enrolled upto 31.05.2013 would be eligible for consideration in accordance with MHRD office memorandum/order in course. Though we have laid down that the Certificates issued by the appellant on successful completion of its bi-annual examination to its Members cannot be considered to be equivalent to a Degree, an exception needs to be made in favour of students enrolled up to 31.05.2013 and benefit in terms of the Notification dated 06.12.2012 and Public Notice as aforesaid ought to be 15 Item No. 34 OA No. 1099/2021 extended to such candidates. The candidates had opted to enroll themselves so that they could appear at the examinations conducted by the appellant under a regime which was put in place by the Central Government itself and the course content as well as the curriculum were reviewed by the AICTE. However, the aforementioned Notification and Public Notice were clear that after 01.06.2013 the concerned orders granting equivalence would cease to have any effect.
52. In the circumstances we do make an exception in favour of such candidates enrolled upto 31.05.2013 and declare that the conclusions drawn in the present matter will apply after 01.06.2013. The Certificate awarded by the appellant to such candidates enrolled upto 31.05.2013 shall be considered equivalent to a Degree in Mechanical Engineering for the purpose of employment in Central Government."
5. Learned counsel for the applicants further submits that the issue involved in the captioned O.A.s is also considered by a co-ordinate Bench of this Tribunal in O.A. No. 640/2016, titled Govind Prasad vs Union Of India and Ors. and further in O.A. No. 1493/2021, titled M. Magesh and others Vs Union of India and Ors. and these two O.A.s have been disposed of vide orders dated 08.02.2023 and 03.03.2023, respectively.
6. At this stage, learned counsels appearing for the respondents submit that the applicants are already enjoying the benefit flowing from the interim protection granted by this Tribunal in all the aforesaid cases and in the facts and circumstances, the captioned O.As may be disposed of with a direction to the competent authority amongst the respondents to consider the claim of the applicants afresh, in the light of the 16 Item No. 34 OA No. 1099/2021 decision of the Hon'ble Apex Court in the case of Institution of Mechanical Engineers (India) through Chairman Vs. State of Punjab and others in Civil Appeal No. 1799/2017, reported in 2019 SCC OnLine SC 1023.
7. Mr. Gyanendra Singh, learned counsel for the respondents, further submits that while considering the claim of the applicants, the respondents shall also take into consideration the orders/judgments dated 08.02.2023 and 03.03.2023 of this Tribunal, referred to hereinabove.
8. In view of the aforesaid and with the consent of the learned counsels for the parties, the captioned O.A.s are disposed of with a direction to the competent authority amongst the respondents to consider the claim of the applicants in the captioned O.A.s, as expeditiously as possible and preferably within six weeks of receipt of a copy of this order by passing an appropriate order in this regard.
9. In the facts and circumstances of these cases, it is directed that interim order passed by the Tribunal, in the captioned O.A.s shall continue till two weeks of service of such order(s) passed by the respondents to the concerned applicant(s).
10. The captioned O.A.s are disposed of in the aforesaid terms. Associated M.A.s if any, shall stand disposed of accordingly.
17Item No. 34 OA No. 1099/2021
11. However, in the facts and circumstances, there shall be no order as to costs.
12. A copy of this order shall be placed in the files of all the captioned O.A.s (Snjeeva Kumar) (R. N. Singh) Member (A) Member (J) /kk/