Central Administrative Tribunal - Delhi
M M Pandey vs M/O Defence on 22 July, 2016
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH
OA 4044/2013
MA 3081/2013
Reserved on: 18.07.2016
Pronounced on: 22.07.2016
Hon'ble Mr. P.K. Basu, Member (A)
Hon'ble Dr. Brahm Avtar Agrawal, Member (J)
1. Madan Mohan Pandey
S/o Shri Ganesh Dutt Pandey
R/o C-16/12, New Type-III, Ordnance Factory
Estate Raipur, Dehradun
2. Vijay Kumar Upadhyay
S/o Late Shri Ram Prasad Upadhyay
R/o 55/2, Bhandari Bagh
Dehradun
3. Maddhu Sudan Prasad
S/o Late Shri Tota Ram Godiyal
R/o C-243/11, Type-3, OFD Estate
Raipur, Dehradun
4. Rajender Prasad Pokhriyal
S/o Shri I.D. Pokhriyal
R/o C-317, New Type-III, OFD Estate
Raipur, Dehradun
5. D.R. Premi
S/o Shri Vibhakar Premi
R/o 40, Nadi Rispana, Block-II,
Cement Road, Dehradun
6. Raje Singh Rautela
S/o Late Shri K.S. Rautela
R/o D-21/2, Shiv Lok Colony
Ladpur, Raipur, Dehradun (U.K.)
7. Rajendra Kumar Gurung
S/o Late Shri Nand Lal Gurung
R/o Ranghawala Raipur,
Dehradun
8. Surendra Kumar
S/o Shri Raja Ram
R/o C-29/9, New Type-III,
Ordnance Factory Estate
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OA 4044/2013
Raipur, Dehradun
9. Chotey Lal S/o Late Shri Amar Singh
R/o Vill Chandebaui, Yamnoutri Vihar,
Phase-II, Garhwaligaon, Sewala Kala
Dehradun
10. Smt. Rajni Gupta
W/o Shri Prem Nath Garg
R/o 201, Vishnu Lok, Tapovau, Nanu Khera
Raipur, Dehradun
11. Pravin Vasant Waghmare
S/o Shri Vasant Sankar Waghmare
R/o At-post Wakad Tal-Mulashi,
Distt. Pune-411057 (Maharashtra)
12. Smt. Sunita Mohan Waghmare
W/o Shri Sudan Vishram Naiknavre
R/o 36/G, Type-I, OMR Estate Tal Haveli
Distt Pune-412101
13. Dattatray S. Mane
S/o Shri Shankar M. Mane
R/o F.9 Amey Apts., Vikas Nagar, Kiwali
Dehu Road, Pune-412101
14. I.G. Khan S/o Shri Gani MD Khan
R/o Dasharath Landge Chawl Kashrwadi
Pune-34
15. Ishwar Narnaware S/o Shri Dashrathji Narnaware
Working as Record Supplier in
Ordnance Factory, Ambajhari
16. Shankar Dhokuji Ganvir,
S/o Shri Dhokuji Ganvir,
R/o Navneet Nagar, Adiwashi Layout
Plot No.6, Wadi, Nagpur
17. M.S. Walke S/o Shri Shamrao Walke
R/o Q.No.9/201, Type-I,
Ordnance Factory Estate,
Nagpur-440021
18. Kailash Haribhau Dambhare
S/o Shri Haribhau Manikrao Dambhare
R/o Plot No.238, Dhammukirti Nagar,
Datta Wadi, Nagpur-440023
19. Ashok Sudamji Sonkuwar
S/o Shri S.A. Sonkuwar
R/o Q.No.7/65/1, Ordnance Factory
Ambajhari Estate, Nagpur-440021
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OA 4044/2013
20. S.H. Meshram S/o Shri Haridas Meshram
R/o Gadikhana Rashtriya Vidyalaya
New Shukawari, Mahal, Nagpur
21. Awadhut N. Lokhande
S/o Shri Narayan Rao Lokhande
R/o Q.No. 07/051/8-OFAJ-Estate
ORD Fy. Estate, Ambajhari
Nagpur-440022
22. R.V. Gedam S/o Shri Vithal Gedam
R/o Bhamti (Parsodi) P.O. Laxmi Nagar
Nagpur-440022
23. S.P. Lokhande S/o Shri Pundlik Rao,
R/o Plot No.82, Rajendra Nagar,
Post Jaitala Hingnu Rd. Nagpur
24. Jagdev Choudhari S/o Lahu Choudhari
R/o Nehru Nagar, P.L. 605
Nagpur
25. Smt. S.K. Charde S/o Late Shri Laxman Rao
R/o Qtr. No.9/28/1 OFAJ Estate,
Nagpur
26. Smt. R.D. Ambatkar
D/o Shri Mahadeo Rao Hatwar
R/o Waddhamana, Gram Panchat Office
Tehsil Higana Distt. Nagpur ... Applicants
(Through Shri Yogesh Sharma, Advocate)
Versus
1. Union of India through the Secretary
Govt. of India, Ministry of Defence
South Block, New Delhi
2. The Secretary
Ministry of Defence
Department of Defence Production & Supplies
Govt. of India, South Block
New Delhi
3. The Chairman
Ordnance Factory Board
10-A, Shaheed Khudiram Bose Road,
Kolkata ... Respondents
(Through Shri Manjeet Singh Reen, Advocate)
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OA 4044/2013
ORDER
Mr. P.K. Basu, Member (A) The applicants are Blue Printers and Record Suppliers. Their next channel of promotion is to the post of Tracer and from the post of Tracer to the post of Draughtsman. In the year 1997, the post of Draughtsman was converted into Chargeman Grade-II (Technical) and further induction to the post of Draughtsman was discontinued. Vide letter dated 25.07.2006, the posts of Draughtsman and Tracer have been deleted from SRO-14E of 1989. Tracers became a dying cadre. As a result, the applicants who were Blue Printers and Record Suppliers were deprived of their channel of promotion. In fact, the respondents clarified that Blue Printers, Record Suppliers and several other posts have now been reclassified as Multi Tasking Staff (MTS) and the MTS have promotional avenue to the post of Lower Division Clerk (LDC). The case of the respondents, therefore, is that the applicants have a chance to get promoted as LDC as per Recruitment Rules (RRs), which provide as follows:
"(iii) Five per cent of the vacancies shall be filled on seniority-cum-fitness basis from Group "C"
employees who have three years regular service in posts with the grade pay of Rs.1,800/-."
It is stated, therefore, that the applicants who have three years of service can get promotion as LDC. This is vehemently opposed by the learned counsel for the applicants who points out that in column 8, which relates to "Whether age and educational 5 OA 4044/2013 qualifications prescribed for direct recruits will apply in the case of promotees", it is clearly provided in the RRs as follows:
"Yes, to the extent indicated in Column (10)"
and Column 10 provides that only those who possess 12th class pass or equivalent qualification will be considered.
2. In the background of the above facts, learned counsel for the applicants put forth following arguments:
(i) Applicants are not 12th class pass and, therefore, effectively they will never be promoted as LDC;
and
(ii) Their job is of skilled nature and, therefore, they would not be suitable for clerical nature of work required of an LDC.
It is argued, therefore, that in effect the applicants will be left in a situation where they will have no avenue for promotion.
3. Some Tracers had earlier approached this Tribunal in OA 2179/2008, Sudarsan Pramanik and others Vs. Union of India and others and vide order dated 24.04.2009, the Tribunal directed the respondents to set out the terms and conditions before a fresh option from Tracers is taken to absorb them for the purpose of creation of promotional avenues in the industrial cadre. The consequential order dated 21.11.2012 was issued by the respondents stating that Tracers can be considered for promotion to the post of Chargeman Grade II till 20.04.2006 6 OA 4044/2013 subject to certain eligibility criteria. The date of 20.04.2006 is relevant as that is the date from which the posts of Draughtsmen and Tracer have been deleted by the respondents.
4. It is, therefore, prayed by the applicants that respondents should consider their cases for promotion to the post of Tracer at least till 20.04.2006 as done in case of Tracers by the respondents in terms of the Tribunal's order in Sudarsan Pramanik (supra).
5. We have heard the learned counsel for the parties and gone through the pleadings available on record.
6. No doubt, an anomaly has been created wherein the applicants have been left effectively without any channel of promotion. Therefore, we dispose of this OA with the direction to the respondents to examine the possibility of creation of promotional avenues in the industrial cadre for the applicants after taking option from the applicants for absorption to such newly created posts in the industrial cadre. The above exercise should be completed within a period of three months from the receipt of a certified copy of this order. No costs.
( Dr. Brahm Avtar Agrawal ) ( P.K. Basu ) Member (J) Member (A) /dkm/