Central Administrative Tribunal - Kolkata
Ajitesh Das vs M/O Defence on 4 May, 2020
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IN THE CENTRAL ADMINISTRATIVE TRIBUNAL, CALCUTTA BENCH* CALCUTTA
O. A. No. of 2014
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IN THE MATTER OF:
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1. AJITESH DAS, son of Sri Mihir Kumar Das,
aged about 45 years, working as Tool Setter
(Skilled) under General Manager, Rifle Factory,
Ishapore, Nawabganj, District- 24-Parganas [:
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(North) >and residing aMchapur, Brahminpara,
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Post Office-Nawabganj, Police Station-
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Noapara, District-24-Parganas (North), Pin- II'•
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743144; !•
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\ 2. SANJAY BASU, son of Late Chittaranjan
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Basu, aged about 42 years, working as
Madchinist (High-SkiJIed-l!) under General
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Manager, Rifle Factory, Ishapore, Nawabganj,
District- 24-Parganas (North) and residing at
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Monosatala, Majherpara,. Post Office- Ichapur
Nawabganj, Police Station- Noapara, District
24-Parganas (North),Pin- 743144;
3. RAJESH PRAMANICK, son of Late Paresh If
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- •• -fV I:-'-'; ' . '•.! Chandra Pramanick, aged about 25 years,
working as Labour (Semi-Skilled) under
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General Manager, Rifle Factory, Ishapore,
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Nawabganj, District- 24-Parganas (North) and li
residing at 22No. Lakri Mohal, Orderly Bazar, t'
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Barrackpore District-24-Parganas, Kolkata-
700120;
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4. SANJOY DEBNATH, son of Late Sushil
Kumar Debnath, aged about 42 years, working
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as Tool Setter (Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
i: District- 24-Parganas (North) and residing at
- ,19 No. B.S- Banerjee Road,
i Shibtala,
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Mistryghat, Monireampur, Post Office-
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Barrackpore, District-24-Parganas (North) r
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Kolkata-700120;
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5; JATINDRA NATH DUTTA, son of Late
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Harendra Nath Dutta, aged about 51 years,
;< working as Mechanist (Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj 1
District- 24-Parganas (North) and residing at
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Ichapur, Sastitala, - Post Office-Nawabganj,
p Police Station- Noapara, District-24-Parganas
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(North), Pin-743144;
i-t- 6. SUBRATA SARKAR, son of Late Nityagopal
l Sarkar, aged about 45 years, working as
operator Material Handling Equipment (Skilled)
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under General Manager, Rifle Factory,
f. ishapore, Nawabganj, District- 24-Parganas
(North) and residing at Ichapur, Sastitala, Post r
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Office-Nawabganj, Police Station- Noapara
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f-l District-24-Parganas (North), Pin-743144;
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7. L1AKAT AL1, son of Late Karimullah, aged !
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about 38 years, working as Operator Material
Handling Equipment,,(Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
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District- 24-Parganas (North) and residing at
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78, Central Road, Shyamnagar, Post Office-
Shyamnagar, District-24-Parganas (North),
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8. SUBRATA KUMAR NATH, son of Late
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Ganesh Chandra Nath, aged about 45 years,
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working as Examiner (Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj i
District- 24-Parganas (North) and residing at
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2/1, Bazar Para Lane, Post Office- Bhatpara,
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Police Station- Jagatdal, District-24-Parganas
(North);
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9. SAMIT MAJUMDER, son of Late Aloke
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Majumder, aged about 44 years, working as
Examiner (Skilled) under General Manager,
Rifle Factory, Ishapore, Nawabganj, District- !
24-Parganas (North) and residing at Village -
Jashra Mitra para, Post Office and Police
Station- Chakdaha, District-Nadia;
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St- 10. SUKLAL SOREN, son of Late Somra Soren,
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aged about 40 years, working as Rigger . .
(Skilled) under General Manager, Rifle Factory,
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I Ishapore, Nawabganj, District- 24-Parganas
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(North) and residing at Village- Bhaluka, Post
I Office- Majhipara, Police Station- Amdanga,
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I District-24-Parganas (North), Pin-743145;
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11. JAY PRAKASH MANJHI, son of Late Ba!
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Kumar Manjhi, aged about 38 years, working
as Rigger (Skilled) under General Manager,
,,
Rifle Factory, Ishapore, Nawabganj, District-
24-Parganas (North) and residing at C/o.
Motilal Dushad, Ichapur, Kumharparar Post
: Office-Nawabganj, Police Station- Noapara )
District-24-Parganas (North), Pin-743144;
■■
12. KAMAL CHOWDHARY, son of Late Ram
Kishun Pasi, aged about 40 years, working as
Rigger (Skilled) under General Manager, Rifle
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Factory, Ishapore, Nawabganj, District- 24-
■
Parganas (North) and residing at Quarter No.,
:
1326, W.L.. New Building, Ichapur, Post Office-
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Nawabganj, Police Station- Noapara, District-
24-Parganas (North), Pin-743144;
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13. MANGRU KUJUR, son of Late Mole Kujur,
aged about 40 years, working as Rigger (Semi-
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Skilled) under General Manager, Rifle Factory,
Ishapore, Nawabganj, District- 24-Parganas
(North) and residing at Kamalpur, Baishalipara,
Post Office-Shyamnagar, Police Station-
Jagatdal, District-24-Parganas (North);
■ ■
14. BIJAN KUMAR PAUL, son of Late Naresh
Chandra Paul, aged about 54 years, working
as Rigger (Skilled) under General Manager,
Rifle Factory, Ishapore, Nawabganj, District-
■•r.'tr-' -
24-Parganas (North) and residing at Laxminath
Colony (Nagar), Holding No. 11, Ichapur, Post
Office-Nawabganj, Police Station- Noapara,
District-24-Parganas (North), Pin-743144;
15. SITARAM YADAW, son of Late Kishori
Yadaw, aged about 36 years, working as
Labour (Semi-Skilled) under General Manager,
Rifle Factory, Ishapore, Nawabganj, District-
24-Parganas (North) and residing at 3 No.
Brickfield, Anandamath, Ichapur, Post Office-
Nawabganj, Police Station- Noapara, District-
24-Parganas (North), Pin-743144;
16. SHYAMAL MALAKAR, son of Late Naresh
Chandra Malakar, aged about 63 years, '
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working as Tool Setter (Skilled) under General
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Manager, Rifle Factory, Ishapore, Nawabganj,
t& District- 24-Parganas (North) and residing at
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1, Rarnchandra Poath, Kanthadhar, Ichapur, Post
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Office-Nawabganj, Police Station- Noapara,
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s>.-- District-24-Parganas (North), Pin-743144;
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£ 17. BIDYA SAGAR SHAW, son of Late Ram Parai I*;
Shaw, aged about 47^ years, working as
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Examiner (Skilled) under General Manager,
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Rifle Factory, Ishapore, Nawabganj, District-
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24-Parganas (North) and residing at Quarter m!
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No. CE/58, Type-lll, Eastland Ichapur Post ::>S
Office-Bengal Enamel, District-24-Parganas ■ :?
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(North), Pin-743122;
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18. SWAPAN KUMAR NATH, son of Late Subodh
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Kumar Nath, aged about 32 years, working as
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Rigger (Skilled) under General Manager, Rifle
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Factory, Ishapore, Nawabganj, District- 24-
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r Parganas (North) and residing at 50/1/1,
Station Road, Bhatpara, Post Office- ZBatpara,
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Police Station- Jagatdal, District-24-Parganas
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!y. (North), Pin-743123;
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f- 19. WIANISHA BHATTACHARJEE, wife of Late
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t Arun Kumar Bhattacharjee, aged about 58
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years, working as Tool Setter (Skilled) under
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A1' General Manager, Rifle Factory, Ishapore,
Nawabganj, District^ 24-Parganas. (North) and
h- residing at Madhuripur Pally, near Milan
Sangha Club, P.O. Rahara, P.S. Khardaha,
District-24-Parganas (North), Pin-700118;
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20. PRABSR DAS, son of Late Paritosh Das, aged
about 44 years, working as Examiner (Skilled)
under General Manager, Rifle Factory,
Ishapore, Nawabganj, District- 24-Parganas
(North) and residing at Ichapur Prantik, Post
Office-Nawabganj, Police Station- Noapara,
District-24-Parganas (North), Pin-743144;
21. BIPLOB KUMAR SAHA, son of Late Gour
Chandra Saha, aged about 36 years, working
as Tool Setter (Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
District- 24-Parganas (North) and residing at
Ichapur, Niranjan Nagar, 'A' Block, Post Office-
Garulia, Police Station- Noapara, District-24-
Parganas (North), Pin-743133;
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22. PRADIP KUMAR SAHA, son of Late Manindra
Chandra Saha, aged about 48 years, working
as Machinist (Semi-Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
District- 24-Parganas (North) and residing at
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Ichapur West Manicktala, Post Office-
Nawabganj, Police Station- Noaparat District-
24-Parganas (North), Pin-743144;
23. PRATIK BHATTACHARJEE, son of Late
Pravath Bhattacharjee, aged about 36 years,
working as Examiner (Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj
District- 24-Parganas (North) and residing at
Village- Vivekananda Pally, Post Office-
Chakdha, Police Station- Chakdha, District-
Nadia, Pin-741222;
24. RAJ KUMAR BAHADUR, son of Shri Nar
Bahadur, aged about 39 years, working as
Fitter (Semi-Skilled) under Genera! Manager,
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Rifle Factory, Ishapore, Nawabganj, District-
24-Parganas (North) and residing at CE-156,
Eastland, Ichapour, Post Office- Bengal
Enamel,District-24-Parganas (North), Pin-
743122;
25. ANUP KUMAR DAS, son of Late Adhir Ranjan
Das, aged about 32 years, working as
Machinist (Semi-Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
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District- 24-Parganas (North) and residing at
Subhas Nagar Colony, Post Office- ^
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Nonachandanpukur, Barrackpore, District-24-
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Parganas (North), Kolkata- 700122;
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fe:- K 26. PARIMAL NASKAR, son of Late Monoj
mib. Naskar, aged about 40 years, working as Tool
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Setter (Skilled) under General Manager, Rifle
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Factory, Ishapore, Nawabganj, District- 24-
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aStev- Parganas (North) and residing at Village-
Nityanandapur, POost Office- Belsingha,
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Ha Police Station- Falta, District-24-Parganas
i€ mki. (North), Pin-743504;
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& 27. SONIA ORAON, son of Late Sibra Oraon,
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Ji aged about 32 years, working as Tool Setter
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(Skilled) under General Manager, Rifle Factory,
Ishapore, Nawabganj, District- 24-Parganas
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11 (North) and residing at Kaugachi, Adibasipara,
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m. Shyamnagar, District-24-Parganas (North),
Pin-743127;
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• 28. SOUMITRA SHARMA, son of Late Gangadhar
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Sharma, aged about 39 years, working as
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'W Mechanist (Skilled) under General Manager,
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Rifle Factory, Ishapore, Nawabganj, District-
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24-Parganas (North) and residing at 38/2, A.B.
fr''
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Road, Post Office- Fingapara, Police Station-
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K Jagatdal, District-24-Parganas (North), Pin-
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6- wl
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743129;
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£•: 1;
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29. SUWIIT KUMAR RAHA, son of Late Prabhat
I;& • Chandra Raha, aged about 53 years, working
f- as Rigger (Skilled)' under General Manager,
f Rifle . Factory, Ishapore, Nawabganj, District-
24-Parganas (North) and residing at 100/A,
:|
I Manicktala Main Road, Block No. 'C", Flat No.
tft- 59, Kolkata- 700054;
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30. BIKASH KUNDU, son of Late Gobinda Prasad
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i Kundu, aged about 44 years, working as
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Examiner (Semi-Skilled) under General §
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Manager, Rifle Factory, Ishapore, Nawabganj, eSsJ
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k: District- 24-Parganas (North) and residing at
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k 11/2, Authpur Sarat Chandra Roy Path, Post
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I' Office-Authpur, Police Station- Jagatdal,
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District-24-Parganas (North), Pin-743128;
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31. LAKSHMI KANTA ADAK, son of Late
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f3' Sanatan Adak, aged about 38 years,, working
£■
% as Mechanist (Skilled) under General Manager,
Rifle Factory, Ishapore, Nawabganj, District-
24-Parganas (North) and residing at Village-
Nalikul, Post Office- Nalikul, Police Station-
Haripal, District- Hooghly, Pin-712407;
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I 32. ARUN KUMAR SUTRADHAR, son of Late Anil
m Kumar Sutradhar, aged about 41 years,
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£y working as Examiner (Semi-Skilled) under
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Ii- General Manager, Rifle Factory, Ishapore,
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Nawabganj, District- 24-Parganas (North) arid
residing at 70/A, Bilayal Ali Road, Post Office-
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I Talpukur, Police Station- Titagarh, District-24-
t Parganas (North);
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33. SAMBHU BANERJEE, son of Late Dulal
Banerjee, aged about 83 years, working as
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Mechanist (Semi-Skilled) under General
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Manager, Rifle Factory, Ishapore, Nawabganj,
District- 24-Parganas (North) and residing at
Village and Post Office-Joypul, Police Station-
Barasat, District-24-Parganas (North), Pin-
.i- -
743234;
34. RABINDRA THAKUR, son of Late Gulab
Chand Thakur, aged about 42 years, working
as Mechanist (Skilled) under General Manager,
Rifle Factory, Ishapore, Nawabganj, District-
24-Parganas (North) and residing at 73/15 1
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Rajpukur Path, Post Office- Authpur, Police
Station- Jagatdal, District-24-Parganas (North);
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35. AMAR BATKEY, son of Late Anil Chandra
■■ ;■
Batkey, aged about 32 years, working as
Examiner (Skilled) under General Manager,
Rifle Factory, Ishapore, Nawabganj, District-
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24-Parganas (North) and residing at Uchhagar,
% Village- Shyamnagar, Post Office- East
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Bidyadahaspur, District-24-Parganas (North),
Pin-743127;
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I 36. TAPASH KUMAR MUKHERJEE, son of Late
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I Raghu Nath Mukherjee, aged about 44 years,
I working as Examiner (Semi-Skilled) under
General Manager, Rifle Factory, Ishapore,
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l Nawabganj, District- 24-Parganas (North) and
5-
residing Ichapur, Brahminpara (Bansbagan)
Post Office-Nawabganj, Police Station-
i Noapara, District-24-Parganas (North), Pin-
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743144;
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37. RABINDRA NATH SUTRADHAR, son of Late
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Ajit Kumar Sutradhar, aged about 39 years,
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working as Tool Setter (Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
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District- 24-Parganas (North) and residing at .*ys£
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Sur Bazar, G.B. Mondal Road, Ichapur, Post si
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Office-Nawabganj, Police Station- Noapara,
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District-24-Parganas (North), Pin-743144;
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ri. 38. UTPAL CHAKRABORTY, son of Late Sunil n
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r Chakraborty, aged about 42 years, working as
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Tool Setter (Skilled) under General Manager, £
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t Rifle Factory, Ishapore, Nawabganj, District-
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ips^:; '■ 24-Parganas (North) and residing at
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1 ip- Majherpara, Jatin Das Road, Ichapur, Post
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I IP' Office-Nawabganj, Police Station- Noapara,
District-24-Parganas (North), Pin-743144;
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Ipi 39. PRASANTA BARMAN, rsoh of Late Nakul
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Chandra Barman, aged about 41
working as Chemical Process Worker (Skilled)
years,
*w. under General Manager, Rifle Factory,
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Ishapore, Nawabganj, District- 24-Parganas
(North) and residing at Debitala Road,' I
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Majherpara,, Ichapur, Post Office-Nawabganj,
Police Station- Noapara, District-24-Parganas \
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(North), Pin-743144;
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40. UJJAL*'HALDER, son of Late Ajit Kumar
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Haider, aged about 56 years, working as Heat
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Treatment Operator (Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
District- 24-Parganas (North) and residing at
Sur Bazar, Nawabganj, G.B. 'Mondal Road,
SB
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Ichapur, Post Office-Nawabganj, Police
Station- Noapara, District-24-Parganas (North),
Pin-743144;
1^ 41. BHANU CHAKRABORTY, son of Late Subodh
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Chakraborty, aged about 48 years, working as M
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m Welder (Semi-Skilled) under General Manager,
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£
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& Rifle Factory, Ishapore, Nawabganj, District-
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' R 24-Parganas (North) and residing at 573 No.
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■s. Anandamath, Block-C', Ichapur, Post Office-.
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Nawabganj, Police Station- Noapara, District-
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% 24-Parganas (North), Pin-743144; 'i .
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i: 42. SUNIL KUMAR DAS, son of Late Ajit Das,
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I aged about 37 years, working as Tool Setter
I (Skilled) under General Manager, Rifle Factory,
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. -fc. Ishapore, Nawabganj, District- 24-Parganas
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■ ■ L (North) and residing at Chota Kanthlia,
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I: Devpukur, Post Office- Sewli, Police Station-
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T Titagarh, District-24-Parganas (North);
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i; 43. SANJIB RAUL, son of Late. Niranjan Paul
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aged about 36 years, working as Grinder'
(Skilled) under General Manager, Rifle Factory,
Ishapore, Nawabganj, District- 24-Parganas
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it (North) and residing at C/58, KMDA Housing
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Project, Lake Gardens, Post office- and Police
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[ * Station- Charu Market, Kolkata- 700033;
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c.i 44. GOUR CHANDRA ROY, son of Late Gopal
.j.
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Chandra Roy, aged about 39 years, working as
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L, Electrician (Skilled) under General Manager,
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Rifle Factory, Ishapore, Nawabganj, District-
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§••• 24-Parganas (North) and residing at Prantik,
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£■
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3 Station- Noapara, District-24-Parganas (North)
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Pin-743144;
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I- 45. UTPAL DHBNATH, son of Late Gopal
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lv Debnath, aged about 40 years, working as
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Labour (Semi-Skilled) under General Manager
Rifle Factory, Ishapore, Nawabganj, District-
V 3 ' 24-Parganas (North) and residing at
Sasyanagar, Ichapur, Post Office-Nawabganj
Police Station- Noapara, District-24-Parganas
(North), Pin-743144;
46. SANJOY KUMAR DAS, son of Late Sudhir *}}
§
Ranjan Das, aged about 40 years, working as
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m Chemical Process Worker (Skilled) under
i General Manager, Rifle Factory, Ishapore,
Mi.'-, Nawabganj, District- 24-Parganas (North) and *0
m residing at Ramnagar, Post Office-Nawabganj, I-
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Police Station- Noapara, District-24-Parganas 1Hi
(North), Pin-743144; r
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47. SABITRI DEVI, wife of Late Durga Prasad,
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aged about 41. years, working as Tool Setter
m (Skilled) under General Manager, Rifle Factory,
m Ishapore, Nawabganj, District- 24-Parganas
mi
m (North) and residing at Shyamnagar,
Kamalpur, Post Office- Shyamnagar, District-
1
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24-Parganas (North);
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48. SUSILA BANSFORE, wife of Late Sitaram
Bansfore, aged about 43 years, working as
Mechanist (Semi-Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
District-4 24-Pargarias (NdftFif and residing
Ashok Mitra Road, Dangapoara, Railway
Quarter No., R.M. 2/G, Kanchrapara, Post
Office-Kanchrapara, District-24-Parganas
(North), Pin-743145; . i
49. SANJ1B DEY, son of Late Sankar Kumar Dey,
aged about 37 years, working as Labour
i
(Semi-Skilled) under General Manager, Rifle i
I
Factory, Ishapore, Nawabganj, District- 24- .. -
Parganas (North) and residing' at 359/1/B, ' I
p
Anandamath, Ichapur, Post Office-Nawabganj
i.!
Police Station- Noapara, District-24-Parganas r
v
(North), Pin-743144;
;. 50. MITHU DEBNATH, wife of Sri Jagabandhu.
ill-
Debnath, aged about 38 years, working as
Examiner . (Semi-Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj mm
District- 24-Parganas (North) and residing at
Old Ambagan, 19 No. Rail Gate* Post Office-
Bengal Enamel, District-24-Parganas (North),
Pin-743122; V
. V
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51. GOPAL CHANDRA ROY, son of Late J.C.
Roy, aged about 44 years, working as
Examiner (Semi-Skilled) under General .
Manager, Rifle Factory, Ishapore, Nawabganj,
District- 24-Parganas (North) and residing at
Basudevpur Road, Post Office-Shyamnagar,
District-24-Parganas (North), Pin-743127;
-
52. DHARMENDRA T1WARI, son of Late S.N.
Tiwari, aged about 35 years, working as
Chemical Process Worker (Skilled) under
General Manager, Rifle Factory, Ishapore,
Nawabganj, District- 24-Parganas (North) and
residing at Rupanjaii Apartment, 3rd Floor, Jatin
Ghosh Road, Manicktala, Ichapur, Post Office-
Nawabganj, Police Station- Noapara, District-
24-Parganas (North), Pin-743144;
•V.,:
53. SUJIT ROY CHOWDHURY, son of P.R.
m
Chowdhury, aged about 45 years, working as
Examiner (Semi-Skilled) under General
Manager, Rifle Factory, Ishapore, Nawabganj,
District- 24-Parganas (North) and residing at
#
Ichapour Bidhanpally, Post Office-Nawabganj,
Police Station- Noapara, District-24-Parganas
(North), Pin-743144;
;
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i 54. BENGKATASH, son of Sri B.K. Nagrajan,
t i
\ aged about 44 years, working as Mechanist
•j!
iF
I (Skilled) under General Manager, Rifle Factory,
I
Ishapore, Nawabganj, District- 24-Parganas
It
(North) and residing at CE-88, Eastland,
■.•"T Ichapur, Post Office-Bengal Enamel, Police
I Station- Noapara, District-24-Parganas (North)
«■
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...Applicants
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1. UNION OF INDIA service through the
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& Secretary, Ministry of Defence
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(Department of Production & Supplies),
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r Government of India, South Block, New
t-
I Delhi-110001.
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5 2. THE CHAIRMAN, Ordnance Factory
I-
i Board, 10A, Shaheed Khudiram Bose
i
Road, Kolkata- 700001;
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r 3. THE GENERAL MANAGER, Rifle Factory,
f Ishapore, Post Office-Ichapore-Nawabganj,
b
f
District-24-Parganas (North),Pin-743144;
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...Respondents
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•% • 1 o:a. 1343.2014
■*
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/01343/2014 Reserved on: 4.3.2020
Date of order: ^
Present HonTole Ms. Bidisha Banerjee, Judicial Member
HonTde Dr. Nandita Chatterjee, Administrative Member
AJITESH DAS & ORS.
VERSUS
UNION OF INDIA & ORS. (Defence)
For the Applicants Mr. P.C. Das, Counsel
For the Respondents : Mr. S. Paul, Counsel
ORDER
Per Dr. Nandita Chatterjee, Administrative Member:
The applicants are presently working as either Semi-Skilled or Skilled Workers with the Office of the General Manager, Rifle Factory, Ichapore and their primary claim is for antedating of their promotion on the basis of their respective seniority positions.
The applicants have approached the Tribunal in 3rd stage litigation primarily challenging the speaking order dated 1.9.2014 vide which the authorities had rejected their claim.
2. The applicants had initially approached this Tribunal in O.A. No. 1142 of 2011 which was subsequently permitted to be withdrawn with liberty to file afresh. The applicants, thereafter, approached this Tribunal in O.A. No. 750 of 2013 which was disposed of on 25.7.2013 with the following directions:-
"3. Accordingly we hold that the applicants will be at liberty to submit their individual representations to the competent authority within a period of four weeks from the date of receipt of the order, taking all the points taken in the O.A. The respondent authorities are directed to consider the said representation ..V-.
--- > 2 o.a. 1343.2014 .•r in accordance with law and within four weeks from the date of receipt of the copies of the representation in accordance with law and relevant Govt, order dated 13.7.2011 and pass a reasoned and speaking order giving opportunity of hearing to one of the applicants."
'if.-
4 Thereafter, they filed a CPC No. 83 of 2013 alleging violation of the A 41 - '• directions of this Tribunal in O.A. No. 750 of 2013. The CPC was dismissed with liberty to the applicants, who had not preferred individual representations as per Tribunal's earlier orders dated 25.7.2013, to prefer individual representations within a specified time period. Applicant No. 1 had preferred his representation on 8.7.2014 following which other applicants represented to the authorities (Annexure A~ll colly, to the O.A.). In response to the same, and, also in compliance to the orders of the Tribunal, the respondent authorities issued a speaking order on 1.9.2014 (Annexure A-12 to the O.A.) which is impugned in the present Original Application. The applicants would hence join to claim the following relief in particular:-
"(a) Leave be granted to move on single application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 as the applicants have got a common grievances and all of them are similarly circumstanced persons;
(b) To quash and/or set aside the impugned speaking order being No. 1986/I-C/LB/RFI dated 1st September, 2014 issued by the General Manager, Rifle Factory communicated to the applicant No. 1 whereby and whereunder the claim of the applicants has been rejected by violation of the Statutory Rules and Orders (SRO) being Annexure A-12 of this original application.
(c) To pass an appropriate.order directing.upon the respondent authority specially upon the respondent No. 3 to pass orders on entitlement of antedated promotion of the applicants on the basis of their respective seniority position vis-a-vis those of the private respondents Nos. 4 and 5 and alike others on the basis of the own orders of the respondents dated 15.10.1984 (Annexure A-4) and 24.12.2002 (Annexure A-5) dated 13.1.2003 (Annexure A-6) and dated 13.7.2011 (Annexure A-2).
(d) To pass an appropriate order directing the respondent authority to modify and/or set aside the order dated 7.6.2010 (Annexure A-3 of this original application) so far as the same contradicts the above orders as mentioned in Annexure A-2, A-4, A-5 and A-6 of this original application;
(e) To pass an appropriate order directing the respondent authority to notionally antedate the date of promotion of the applicants from Semi-
Skilled to Skilled Grade and Skilled Grade to High-Skilled Grade in their respective trades vis-a-vis to those of the private respondent No. 4 and 5 and alike others taking into consideration the respective dates of joining in the semi-skilled grade of both the applicants and the private respondents similarly so compared to each other with all consequential benefits of seniority pay etc. as admittedly there was no question to give i-h-
3 '7 3 o.a. 1343.2014
1 ■. .-f
any extra weightage to the said categories of private respondents as per Recruitment Rules and orders of various court cases.
ffl To pass an appropriate order directing the respondent authority to consider the case of the applicants for promotion to the post of Skilled Grade from the date when their juniors has got the same along with all A •;R f' consequential benefits accordingly."
The prayer seeking joint prosecution under Rule 4(5)(a) of Central Administrative Tribunal (Procedure) Rules, 1987 is allowed on grounds of commonality of interest and common cause of action.
3. As the speaking order is primarily under challenge, we would, at the outset, refer to the representation of applicant No. 1 dated 8.7.2014 (Annexure A-l 1 to the O.A.) culminating in the speaking order.
The following transpires .upon an,, .examination of the
£ If representation: -
t i
(i) That, despite the fact that there were a large number of
vacancies in the department, the respondent authorities did not promote the applicant to the post of Semi Skilled/ Skilled 1 grades, consequent to which the applicant lost his right to be considered for promotion.
(ii) That, recruitment rules and relevant circulars had not been followed by the respondent authorities in denying such promotion to the applicant.
■ -Vi.-
(iii) The respondents forced applicant No. 1 to perform duties to the post of Semi-Skilled which is a non-existent post as Semi-
Skilled has already been merged with the Skilled category, and, accordingly, the applicant should have been promoted outright to a skilled category post.
(iv) The respondent authorities recruited 386 number of Semi-
Skilled Machinists directly while no opportunity was given to the departmental candidates, such as the applicant, to avail of such posts after qualifying in a trade test, and, ' •vf..
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4 o.a. 1343.2014 . ^
(v) That, the recruitment rules followed by clarifications dated
-.r • 13.7.2011 (which the applicant No. 1 would vehemently rely upon) states that for the purpose of filling up vacancies in Semi-Skilled and, in absence of adequate candidates from 20% quota, the respondents shall consider the case of unskilled labourers for promotion to the Semi-Skilled Grade.
Such avenue, however, was not offered to the applicant and.
accordingly, provisions of SRO No. 185 of 1994 have been ignored in the case of the applicant.
(vi) That, the applicant would challenge the order dated 7.6.2010 on grounds of violation of the respondents' clarificatory order dated 24.12.2002 and that dated 13.1.2006 respectively.
4. The speaking order responds to the issues raised by the applicant No. 1 (who was granted a personal hearing) in his representation. The speaking order is reproduced below:-
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5 o.a. 1343.2014
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R t'io, WS6A-C/IM ■;
LB/RFI.
Dated, the . 2014'
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ISHVAjitesh Das
^Pistol T. No. 853.Per. NO.101751 $■£-, :' ! 1t-
ay
(Through > 1VVM/HQ5. Pistol)
p0r. Sub Speaking Order
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Py Ref i) Hon'ble CAT, Calcutta Order dated 25/07/2013 in MA 320 of 2013/
OA 7S0 of 2013
it ii) Hon'ble CAT, Calcutta Order dated 15/05/2014 in CPC 83 of 2013
(OA 750 of 2013)
A-
iii) An application dated 08/07/2014 received from Shri Ajitesh Das, T/Selter (SKD). PS-853, 101751 «• S7 m:. iv) Personal hearing Dated 23/08/2014 with GM/RFI '•v v'1 r-r; In T • With reference.to the direction of Hon'ble CAT, Calcutta as in reference (i) and fHii), the personal hearing has been given to Shri Ajitesh Das, T/Setter (SKD), PS-853, ps£o 1751 on 23/08/2014 . Hon'ble CAT, Calcutta has given the direction to give personal feijearing to one of the applicants in the OA. Since. Ajitesh Das was the first among the p^ipplicants, personal hearing has been given to him. Now, a Speaking Order is also to be Ipssued as per direction of the Hon'ble CAT. In the Speaking Order, the orders of Hon'ble IjCAT, Calcutta, the application of the applicants and the points discussed in the personal Mfrearing have been carefully considered.
m ^02. Mainly you have raised the following issues - fM
i) A large number of vacancies were available in the post of Skilled Grade and yet If you have, not been promoted from Semi-Skilled to-Skilled Grade even you were w m eligible for such promotion.
If
1. ii) The Semi-Skilled is a non-existent post. It has been merged with skilled Grade Jr III;':
and yet the General Manager, RF1 has forced you to work in the Semi-Skilled Grade.
Stf&v hi) In the year 2010 (07/06/20105 .386 Nos. have been appointed in the Semi-
Skilled Grade by direct recruitment process without taking the trade test of the H'•'' applicant and other similarly placed employees of-the factory.
■ ■ ■ ■ 3, .
8.::. ivj Ih terms of OPB letter dated 13/07/2011, which the applicant has mentioned
as SRO, "for the purpose of filling up of 100% vacancies in Semi Skilled Grade and in absence of availability of adequate candidate from 20% quota, the respondent shall consider the case of the Lab.(US) for promotion to the Semi Skilled grade"Page 1 of 4
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■-'■ v).ln terms of SRO 1S5 of 1995. 80% of the vacancies'are-to filled'in by transfer Ifllfe lfTocn Lab(SS) failing which by direct recruitment or by way :of-promotioh from Lab (tJS)-io ihe extern of 20% of sanction strength in the skilled category. This has not M ■: been followed in RF1.
fjftfe-'1'' vi) In the Oa the'applicants has made two private respondents as parties - Shri 1I 1 ipllpl?/' saikat Dutta. Highly Skilled Grade-! and Shri Tapas Chandra Das, Highly Skilled liP''Grad^■ ■ ■ .
SSifer ^Ttyfyreply on eacli point is furnished below -
i) It has not been mentioned in which year a large number of vacancies in the S i ^ Skilled Grade were available and you were not considered for promotion from Semi Skilled to Skilled Grade, However, You may note'that'you'have been appointed as Lab .(US) under the scheme of compassionate, appointment o^ 28/09/1999 in the pay of Rs. 2550^3200 (5'(> CPC!.
"m * In terms of SRO 185 of 1995 Lab. (USI is the feeder post for-promotion to Trade 51 WM, Hir'" Semi Skilled in the pay scale of Rs,2550-4000 (S,:> CPC) - 100% if the trades are listed in Anncxurc-"B" of the relevant schedule of SRO and.20% if the trades are m sitt a& listed in Annexure-"A'' with minimum required years of service. You may further note that mere completion of the residency period does not make you entitled ; ;d & i for promotion, it makes you eligible for consideration. ■ ■m Semi Skilled is the feeder post for promotion to the Skilled Grade in the pay scale '! 7;". of Rs. 3050-4590 (5"'CPC).
• M |§|!|||>v Prom the above you may see that the promotions are made in stages. You cannot expect promotion directly from Lab,(US) to Skilled grade as !•»<»>» iSH ill The Sami Skilled is neither a non-existent post nor merged with Skilled Grade •ill i m-: . as is evident from the SRO itself. Semi Skilled is the training post of.recruits from ;
«j flliiife ' trade, apprentices and after 2 years (in case of Annexure-,,A" trades) and 3 years ! ®*®**'' (in case of Annexure-''B" trades), as the case may be become eligible for } promotion to Skilled Grade. Only the sanction is given in the skilled both for Semi I ■m Skilled and Skilled Grade. One incumbent in the Semi Skilled trade carries his/her own vacancies form Promotion/placement to Skilled-Grade after completion of 2 years or 3 years,, as the case may be. For ACP/MACP purpose movement from trade Semi Skilled- Grade to Skilled Grade should not be treated as a promotion as per the Order of the Govt, issued from-time to time. So the Semi Skilled is not a ;:P % nnn-t'Xistem post as stated.
■:wm ill) You have been appointed in the post of Lab.(US) on 28/09/1999. Thereafter, you have been appointed by transfer to Tool Setter (Semi Skilled) on 15/12/2009, Tool Setter 1s an Annexure-"B" trade. Hence, for you residency period for .promotion in Skilled grade is 3 years and you have been pron-.rupri m ypriiiyt* ^ra<^e on 15/12/2012. You were not eligible for promotion to Skilled Grade in' .2010. You are confusing promotion and direct recruitment. A ^pl:v Page 2 of 4.
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A 7 o.a. 1343.2014
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iv) & v) OFB letter dated 13/07/201! Is not the SRO:it-aidaHficafoiy. MACP..This letter has no relevance for you since you have Already been appointed by transfer to Semi Skilled (Tool Setter} on 15/12/2009'. Every time the quota is 'calculated, and apportioned according to the percentage among direct recruitment, promotion and transfer. A
vi) You have compared your position with two Individuals who • have been ■ appointed by Direct Recruitment. There trades are also 'different from yours. ' 'Whereas, your trade is Tool Setter, their trade is Machinist. r i Further, your trade Tool Setter is an Annexure "B" trade and the persons •c compared with belong to Annexure ''A" trade. Such type of comparison cannot be made. Such, comparison can be made only among the incumbents of the same t !■;
• Trade, Grade and of same Annexure.
For your understanding, the career status of yours and of the other two against 1t whom you have made the comparison are reproduced below in tabular form.
Shri Aiitesh Das, the Applicant r;
'St. Mode Of Appointment and
Date Scale
• NO. Subsequent Movement -
.• Appointed os Loboui (U S) on j 28.09.1999 • Rs. 2550 - 3200
• | compossionofe ground__________ i
Re-designated os Labour (S.S) : PB-1 (5200-20200) plus Grade i
and both Labourer (U.S) and Pay Rs. .1800/- (the replacement |
'i 02 01.01.2006
Labourer (S.S) have been merged pay scale of'Rs. 2650-4000 In the
together to Labourer (S.S). 6m CPC w.-e.f.'OI .01.2006)_______
PB-l .(5200-20200) plus Grade
i 03 MACP-1 28.09.2009
Pay Rs. 1900/-. .1
Appointed by transfer(re-
I PB-1 • (5200-20200) plus Grade! ; 04 designation ) as Tool Setter (S.S) j .15.12.200? j i Pay Rs. 1900/-.. ;
(Annexure-'B'Trade)
i , c io I5200"20200)'p!us Grade
05 i Promoted to Toot Setter (Skd.)
1 PayRs. 1900/-.
Those with whom have been compared.
r- SAIKAT DUTTA, t
T
Tapas.Ch. Oas,
[-SL !______ (MACH.. HS-1)_____ $L ; (MACH., HS-1)
[.-No ( mode Of appv. & Subsequent Date i no ! mode Of appt. & Subsequent Date \
j; i Movement wim Pay Scale I ___ :__ movement With Pay Scale'
[ Appointed as Mach. (S.S) in Appointed as Mach. (S.S) in
hOl the pay scale of Rs. 2650- 25.07.2000 01 the pay scale of Rs. 2650- 03:04.1999 f 1 4Q00____________________ _________ ^ 1 4000_________ ;___ .
J/f '"Promoted' to Skd. grade in
l Promoted to Skd. grade in
Ji 02 the pay scale of Rs. 3050- 27.07.2002 02 the pay.'scale of Rs. 3050- 02.04.2001 v-
4590.__________________ ^ ___ 4590.________ _ ,v ,03 Promoted to H.S. grade in Promoted to grade in the poy of Rs. 4000-6000. 20.05.2003 20.05.2003 the poy of Rs, 4000-6000.
Promoted to H.S. Gr.-I in •04 01.01.2006 j 04 Promoted to H.S. Gr.-l in ^ the PB-1 (5200-20,00) plus ."0K?
-.i the . PB-l (5200-20.00) plus 4:
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^.04. From the-above tables, you may. see that your trade and other -xyt ^.candidates' tirade are different. Hence, you have made a wrong comparison. m.
s& ORDER
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u Hence l pass this order that there is no merit in your application and the
psame is .disposed accordingly without any benefit. . • '
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f06. Since other 53 applicants in the OA. have agitated on and with identical Mr Slssues. this- is __ a common Speaking Order applicable for all. ' / m m.m.
K. !§' (D. V. GONDNALE) GENERAL MANAGER mI y popy .to:- The other applicants in the OA No. 750 of 2013 m r.
Ajitesh Das & Ors.-Vs. UOI & Ors.
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Upon an. analysis of the same;- following is inferred:-
(i) Applicant No. 1 had been appointed on compassionate grounds on 28.9.1999 in the pay scale of Rs. 2550-3200 (as per 5th CPC). As per SRO No. 185 of 1994, Lab. (US) is the feeder post for promotion to Semi-Skilled (Rs. 2650-4000/- in ■ ■ ■ * • ■ 5th CPC) of which 100% of the trades listed as per Annexure 'A' and 20% of the trades listed in Annexure 'B' are to be filled up as per Recruitment Rules upon completion of requisite years of service.
(ii) Applicant No.^ 1 had not specified the specific year in which reportedly, although a large number of vacancies in the tty &
-* r 9 o.a. 1343.2014 • 5j' Skilled Grade were available, the applicant was denied his rightful claim to promotion.
(iii) The completion of residency period by the applicant creates a right for him to be eligible for consideration, but does not necessarily entitle him to such promotion.
(iv) The Semi-Skilled Grade is the feeder post to Skilled Grade in the scale of Rs. 2650-4000/- (as per 5th CPC). Accordingly, as the promotional ladder involves movement from Unskilled to Semi-Skilled to Skilled, promotions cannot be accorded directly from Lab. (US) to Skilled Grade as claimed by the applicant.
(V) The Semi-Skilled Grades are not non-existent posts nor have they been merged with Skilled graSes as evident from SRO 185 of 1994. Such holder of Semi-Skilled Grades are the trainee recruits from trade apprentices and two years residency (in case of Annexure "A" trades) and 3 years residency (in case of Annexure - "B* trades) confers on them eligibility for promotion to Skilled Grade. Hence, an incumbent in the Semi-Skilled Grade carries his/her vacancies for promotion / placement to Skilled Grade after completion of 2 years or 3 years as the case may be.
(vi) For ACP/MACP ^purpose, movement from Semi-
Skilled/Skilled Grade is not to be treated as promotion.
(vii) Applicant No. 1 was appointed to the post of Lab (US) as a compassionate appointee, and, thereafter appointed by transfer as Tool setter (Semi Skilled) (Annexure "B" trade) on ' v 15.12.2009. Hence, as the residency period for promotion to Skilled Grade is 3 years, upon completion of such period, the ■ i Vi ' I ■ 'i. ■■■!■' V 10 o.a. 1343.2014 y applicant No. 1 was promoted to Skilled Grade on / 15.12.2012. The applicant was, accordingly, not eligible for vf promotion to Skilled Grade in 2010 as 7.6.2010 circular u refers to filling up of vacancies by direct recruitment.
(viii) OFB's letter dated 13.7.2011 is not a SRO, but a clarificatory letter on MACP which does not apply to applicant No. 1, who ■ t • had already been appointed on transfer to Semi-Skilled (Tool Setter) on 15.12.2009 on the basis of apportionment among direct recruits, promotees and transferees.
(ix) Applicant No. 1 has alleged that two employees (private respondent Nos. 4 and 5) have superseded him unfairly in their appointment in the Skilled Grade. Private respondent Nos. 4 and 5, however, are direct recruits who were engaged as Machinists (Annexure A trade) as compared to Applicant No. 1, who is a Tool Setter (Annexure B trade). Trades listed in Annexures "A" and "B" of the SRO 185/95 not being comparable, any comparison could only have been made by referring to juniors belonging to the same trade but promoted ahead of the applicant.
6. The respondent authorities have provided a comparative chart to
-j.
distinguish applicant 1 from respondent Nos.''4 and 5. The same would reveal that while the applicant No. 1 was promoted as Tool Setter (Skilled) on 15.12.2012, respondent No. 4 was promoted in Skilled Grade on 27.7.2002 and respondent No. 5 on 2.4,2001 respectively.
Respondent Nos. 4 and 5 are both Machinist HS I and are direct recruits unlike the applicant No. 1 who is a compassionate appointee initially appointed as Lab. (US). r // ••v / ?
11 o.a. 1343.2014 V ^ 1
7. SRO 185 of 1994 dated 1.11.1994 is annexed at Annexure A-l to the O.A., the relevant extracts of which is quoted as under:
"New Delhi, the 1st November, 1994 SRO 185 - In exercise of the powers conferred by the proviso in Article 369 of the Constitution and in supersession of the Ordnance Factories Group C and Group D Industrial posts Recruitment Rules, 1989, except as respects things done or omitted to be done before such supersession, the President hereby makes the following rules regulating the method of recruitment to the posts of industrial employees in Group C and Group D in Ordnance Factories and Ordnance Equipment and Clothing Factories and other offices/establishments under the Ordnance Factories Organisation, namely:-
Short title and commencement - (1) These rules may be called the Ordnance Factories Group C and Group D Industrial Posts Recruitment Rules, 1994.
(2) They shall come into force on the date of their publication in the Official Gazette.
Application - These rules shall apply to the posts specified in Column I of the Schedule annexed to these rules. The trades and grade of these posts shall be as per the Annexure A and B of the said schedule.
Number, classification and scale of pay - The number of the said posts, their classification and the scales of pay attached thereto shall be as specified in columns 2,3 and 4 respectively of the said schedule.
Method of Recruitment, age limit, qualifications etc. The method of recruitment to the said posts, age limit, qualifications and other matters connected therewith shall be as specified in the columns 5 to 14 of the aforesaid Schedule.
xxxxxxxxxxx
1 2 3 4 5 6
Name of the post No of posts Classification Scale of pay Whether Whether
Selection benefit of
Or Non- added years
Selection
■ :•>-
of service
Post admissible
Under Rule
30 of Central
Civil Services
(Pension)
Rules, 1972
4. Skilled ! ' 71532 (1994) Civilian in Rs. 950-20- Non selection Not
workman *Subject to Defence 1150-EB- applicable
(list of trades at variation Service 25-1500
Annexure A and B Dependent on Gr. 'C'
Work load Industrial
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/
12 o.a. 1343.2014
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f 7 8 9 10 11
' Age limit for Educational arid '"' Whether age Period of Method of
Direct recruits other qualifications and other probation, if any recruitment
Prescribed for educational whether by
Direct recruits qualifications direct rectt.
Will apply in the prescribed for or by promo
Case of promotes direct recruits tion or by
Will apply in deputation/
The case of transfer and
Promotes percentage of
The
vacancies to
Be filled by
various
methods
30 years 4. Same as for semi No 2 years By promotion
skilled but with trade after adjustment
Test prescribed for of surplus and
Skilled group transfer failing
which by
direct recruitment
12 13 14
In case of rectt. by promotion/ If a Circumstances in which UPSC
Deputation/transfer grades DPC exists is to be consulted in making
From which promotion/ what is recruitment
Deputation/transfer to be its
Made composition
i . * ■v'*; •
Promotion from persons in
The Semi-skilled grade in pay Not applicable Not applicable
♦
Scale of Rs. 800-15-1010-EB
20-1150 in the same trade
With a minimum regular sendee
Of 2 years for trades listed at
Annexure A and with a minimum
Regular service of 2 years for trades Listed at annexure A and with a Minimum regular service of 2 years for Trade listed at Annexure B and on Posting the trade test. ■ •• -'i!..
Transfer on passing the trade test.
4 1 2 3 4 5 6 Semi-skilled *Subject to Civilian in Rs. 800-15-1010 Non- Not Workman variation dependent Defence -EB-20-1150 selection applicable (list of trades at on workload Service Group post • ■ Annexure A and B). 'D' Industrial li 7 8 9 10 11 30 years (a) (i) For the Trades No For Promotees: (i) For trade listed At Annexure A Nil for direct at Annexure A-80% j National Council recruits: 2 years by transfer failing Of Trades for which by direct Vocational Training recruitment. 20% iLfrAr. -rr > $ uM- 13 o.a. 1343.2014 § ■ • "f f Certificate in the by promotion for Relevant trade failing each trade Which by ITI or equivalent including allied Diploma/ trades after Certificate holder adjustment of Surplus. .i (ii) For trades listed At Annexure B - 100% by promotion for each Trades after Adjustment of surplus and transfers. In any trade (such as new trade on failure of : recruitment by promotion by transfer failing which by direct recruitment." ■ *.' 1 ■! '•V • I ffl m V; 14 o.a. 1343.2014 I 4 • S'- ! : : SI No . -iv;- ':' '-• •"^^v.'clg •>*♦ > C, A.' ' • '■' * . - ••,■•:: ; . • '6 . - -.• -.-' v.v .'-•. -'j\ :'■' 4i§m . •• •'t.-'s* i~n -.it'**: K-f mmmm/sii ^^•aiiliWBftsgSIf • f« I*.*, ; as SassiBsl^* & MPHi ' .•!•■ I- ■ •■ <t,'V ;:!r; * ni* t** * * jmmm ! ; V .-*• ] H 1 ill i V . !• ••.'>»:V JW. •s*'#''; ?«••:•.•••: 1 - [ >1 n •i \ 4'. is o.a. 1343.2014 I------- Annexutre - B i SX: No £ Trade Grade in which post exits. 1. Armature Winder Semi-skilled to Master Craftsman. 2. Ear. Mill Operator Semi-skilled to Master Craftsman. y. Borer Semi-skilled to Master Craftsman. Borer Gun Semi-skilled to master Craftsman. 5. Cane Worker Semi-skilled Further''line of promotion in the Trade of Carpenter. ' '5.' • Chemical Plumber Semi-skilled to Master Craftsman. # Counter Un-ski!led /' . • Driver Locomotive > .(Steam and Diesel) Semi-skilled to HS-Ii.-^promotion to HS Gr I and Gr-ll be in Line Mistry trade.-. ■ 2. Driver Tractor Semi-skilled and skilled Promotion
to HS Gr.II and Gr.1 sball be. be in Line Mistry trade. . . • ';.;' 1C. Engraver Semi-skilled to Master Craftsman.
11. ..Extrusion Press operator Semi-skilled to HS Gr^rx^-^ promotion to HS Gr.I and'Cr.TI shall be in Line Mistry 'trade.
Forqeman. Semi-skilled to HS Gr.I - J. 3 t. Ik^t Tcoatmnnt Opor.iinj oOtui-nk i Hod to HS .Gr^l :
14, Jig Borer Semi-c-killed to Mastoi* >S. Kiln Operator/Kiln Attendent Semi-skilled and Skilledr'- .
-416. ' Labour Un-skilled and Semi"SkilL>ed.: ' .Vvi?., . Lead Burner Semi-skilled to HS Gri.lv , t ' Leacher Worker Semi-skilled and skilled.; .
Promotions to HS Gr.I ' t -
19. Leather Process Worker Semi-skilled and skilled.Prosaotions
to HS Gr.II and Gr.I shall in Line
Mistry trade. ••
2.0- . Line Mistry Semi-skilled to HS Gr.I
: 21 Marker Off Semi-skilled to Master - Craftsman.
2-2. Melter
(Ferrous/Non ferrous) Semi-skilled, to Master Cra'Stsitan.'
' 23. Overseer Semi-skilled . promotion CO' "
skilled, HS Gr.II and Gr.I'shall be in Line Mistry trade. ' 24 - Operator Material Handling Equipment Somi-skilled to HS Gr.II ProurotvCa in HS Gr.I Shall be in Line .lUstry trade. • .■ 25 • Photo Etcher Semi-skilled to HS Gr.II PronoticFn** * 16 0.3.1343.2014 to HS Gr.I shall be in Line M:.sr.ry trade.
26 Pointmar. Serr.i-skilled.
A 21 Printing ' . . . V ' Machine up&s&Z'&tf Mis try C.C •'Px.isit.eb Semi-skilled to KS Gr.I. 28 Higger Semi-skilled to HS Gr.II -
Promotion in 29 Rope Siiceir ' : Semi-skilled. Promotion to skilled, HS Gr.II 30 Saw Doctor '• . Semi-skilled to Master Craf trmsr.. 31 Sand and Shot: Si aster Semi-skilled, Promotion to ■-'skilled.
t* .
H Gr.II and HS Gr I shall :'be in Line Mistry trace.
32 Telephony• •. Semi-skilled and Skilieo' 33 Ticket :Sar-fei" h ■ .tto-skiiled 34 Tool.• Setter,-, ii.'d- ' i-...
Tool - .Semi-skilled to Master craf-.s'Kian. 35 Type . : Semi-skilled to skilled.
Note 1, : The nurriher 2 in the Schedule are subject to variation dependent on worJdCKdV;-.';;y-
* ' T* ** " 'Jr , * " • Note 2: The age*limits adiaSsd7 arc n?laxable for Government servants,!),- to 35 years in acco.rdadt¥. ?^Cie ^kw^oay-or.Ortler issued by the Government of India.
• !. %
Note 3: Wherever of surplus' occur in Column 11 oi'tiiis Schedule, jt
shall mean DppoihtmttJ fe pd^c;!c^ert!V by' the. Management, of persons already hokiinj:. posts same or idenifc^^ceffi^^tar^vTsfetiscale of.pay in any factory or office or anywhere in the Ordnance; Fadgafek jfegbfSS^bc.Miiifft. it is necessary to adjust in the posts, in the exigencies of seK'io?l;cocsg^afcrfc. •■&». .persons 'Or the posts held by (hem being found surplus by the Manag-rniebi .
.\ V 'T Note 4: W'hcrc-yerTsV^^dl^T.^ai^fe."ccciir in Column H or 12 of this Schedule it shall include transfer'in;pi5ii&3zssisSi^>ihr^^scane&t of persons (already holding posts in the same or identical ors-rah'of;payi to posts in the same factory or office in the Ordnance Factories isssp Transfer within the same factoiy or office at the request of tbc.pctSiK!«fi^ascd'wdswe itgre'ed-to by the Management. The transfers ir. public interest wilj -m^^.^Tos^ss'.&Qtd-'i^iC'giaidbyintcrsc promotions from another t'ledc where from jbt^rle'publtc interest will also include i7llinL> of posts by transferpf|^S|ri Sbb^hgjpor.frbirs-vrhich'there is no promotion to any other posts or grade whether cr coi strfr psKls ircfdcclarrd cqualcnt posts and such appointmcnls by transfer may be'tpsde prKrr hr.vpromption from oilier griio'es or by direct recruitment. also include Transfer of persons in the Trade:; to be abolishcdjoritbi^ed ^ilfcb^iei tradc^onadnimrstrative grotmds. . .
Relevant provisions of SRO 185 of 1994 establishes the following:-
(i) For promotion of persons in Semi-Skilled grade (in the pay scale of Rs. 800-15-1010-EB-20-1150) in the same trade with a minimum regular service of 2 years for trades listed at Annexure A and with a minimum regular service at Annexure tB) are the qualifying criteria for promotion to Skilled Grade. The said SRO further clarifies that for direct i F 17 o.a. 1343.2014 •T r recruitment to semi-skilled workers, the recruitment procedure is as follows:-
'••it..-
A "(i) For trades listed at Annexure A-80% by transfer failing which by direct recruitment. 20% by promotion for each trade including allied trades after adjustment of surplus.
(ii) For trades listed at Annexure B-100% by promotion for each trades after adjustment of surplus and transfers. In any trade (such as new trade on failure of recruitment by promotion by transfer failing which by direct recruitment."
8. We would hereinafter examine the contents of the MACP clarification dated 13.7.2011 (Annexure A-2 to the O.A.) which states as follows:-
"1. Consequent upon implementation of sixth CPC recommendations and merger of Un-Sldlled and Semi-Skilled grades, the movement from Unskilled to Semiskilled is not to be treated as promotion and is to be ignored while granting financial upgradation under the MACP Scheme.
2. As per provisions contained in SRO 185/1994, movement to the post of Tradesman (SS) is either through 80% transfer from Labourer (SS), failing which by DR or by way of promotion from Labourer (US) to the extent of 20% of sanctioned strength in the skilled category. Furthermore, all the movements to the Tradesman Semi-skilled being a training post only. Therefore, movement from Semi-Skilled Grade (GP Rs. 1800/-) to Skilled Grade (GP Rs. 1900), irrespective of the mode of entry, is not to be treated as promotion for the purpose of MACP, and is to be ignored while granting financial upgradation ■-! • •• under the MACP Scheme."
Clearly, this is a clarification for the purpose of MACP and not for recruitment and underlines that the movement from Semi-Skilled Grade (being a training post) to Skilled Grade would not be treated as i promotion for MACP.
9. The respondents had referred to the issues raised by the applicant No. 1 in his representation and had clarified that the orders dated i 7.6.2010 (Annexure A-3 to the O.A.) was nothing more than a circular for direct recruitment of Industrial Employees, that the clarification dated 13.7.2011 had only stated that the movement from Semi-Skilled to Skilled should not be treated as promotion for the purpose of MACP benefits. Further, orders dated 24.12.2002 (Annexure A-5 to the O.A.) refers to counting of seniority of Industrial Employees who hold trades P \ '5-
/
^ i / 18 o.a. 1343.2014
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applicable to applicant No. 1, who is engaged in a trade listed in r •: Annexure 'B' of said SRO and, that, the directions of 13.1.2003 (Annexure A-6 to the O.A.) further refers to, seniority in Annexure 'A* ;
trades of SRO 185 of 1994 and obviously does not apply to the applicant.
10. Ld. Counsel for the applicant, during hearing, however, would refer to the submissions made in his rejoinder dated 2.12.2015 to particularly refer to Annexure R-l which contains a circular dated 14.6.2010, and .T-
which states as follows:
i! •: '•?V j*.
i ;
y ^ \ ' i 19 o.a. 1343.2014 x.
n<»j icsyaoo^D (Civ.i) Covcmnicnt of.India A of Defcaos : \ Hew DoJhi, the M**'June, 20i0 To w- Tiie Chief of Army Suff ^e Chief of Air Staff - :
The Chief ofNaval Staff ThcDGOF ••• *:' * & all Heads of Inter Services Organizations.
Subjcclt-Restructuring of Cadre of Artisan staff io. Defence Establishments in modifiwiti'on of recommendations of 6th CPC- » • Sir,.--
The matter -regarding revision of .pay scale of .Master Craftsman in
- -Defence Establishments has been under consideration of the Government for fjuite,; some time. Now in partial modification "of* the 6' GPC ! recipmniendBtions-made.iti ^.S.27 of its- report and amendment madr: in 'Ctyffiaa;in Defence Services v^eviaed Pay) ?Mtst 2008,.vide SRO 1 !•{£)'; ■ datbd .28.3>20Q9f i am directed to coowy tbc sroyrauo. of the Phsai'dent for ■ . re^TUCUanng of Cadre of Artisan Staff ha'Dcfisjice Brfablisbrncnta w'under;-
'{^Tha grade, structure in && industria] as wdl as in the ncm-iiKiustdai. :• f Uiadea>.itMi<ac^ airesdy available and'the pay scales of the Dcfeice artisan' ^;.,atJxff.3hyi.3darKimodifled w.e,f. 14.2006 as under; -^ *•-
!■ 4- (i) - Sldllod - Pay Band PB-1 -Grade.Pay Rs. I9D0 i.
y .
fii) 'Highly Skilled Grade II -Pay Band P6-L Grade Pay Rs.2400 ^ .<iir),W^iIy Skilled Grade I - .PayiBtuid PBrl Grade Pay Ra.2800 i..
(iv) Master Craftsman - Pay Band PB-2 Gradc-P^y Rs.4200 Ut, 20 o.a. 1343.2014 / ' -2- . (a) Wherever the grade . structure' In the. 'Iftdiwtrial -w. SveH &§ RoYi .
'• InduatHai trades h already existing . In the ratio of 45:55^;the jpratwhiie /4 ^Skilled and. Highly Skilled, and 25^4 of Highfy""Skiiled Tn the grade of Master Craftfliinan, the,follotying will apply;
*" .• •. ' .
* 45v4 of the.posts may be.granted the pay spale,of Skilled Worker (Grade • pay dfRa-.i^OO inthePay Band PB-1); ' _
- 25% of tlie remaimng'55%:may be granted tlic pay scale of MCM (Grade . Pay Of Ra.420O in the pay band PB-2); and ^ ' * ^Tho remaining post? may be divided m a ratio of 50:50 and redesignated /. ' aa'Highiy Skilled V^orkeV Grade'll (Grade Pay of Rs,2400"lnf Fay Band .
PB-i) and Hghly Skilled Worker'Grade-r(Grade Pay of Ri:286o in Pay. ■ 1 BandPB-1).- "■ -
(b) . The placement of the hidividuals In the poets resulting from the restructuring shall be made w.e.f 1.1.2006, h\ relaxation of the conditions, if iiny, l.e, trade test etc. as one time measure.
(p) Highly Skilled Grade I shall bo en-bloo senlorjo Higlily.Skilled Grade n
4. - (iJ'Tlie poit of Master CriiUmim shall be part-of the hierarchy'-and the placement of Highly Skilled.Grade I in the grado of Ivlastcr praftaman will be.treated da promotion. ' ■ ♦ . ♦ . • ♦ * * • ** %a"
(ii)> In the case of Defence Hstabiisluncnts where there is no category of Skilled Workers arid diract recruitment is made 100%'at the. level of Highly SkiUedi the posts of Master Craftsman existing as on 1-.1.2006 will be placed ; in PB-2..+ GP-4200 and the remainingposts of Highly Skilled Workers may be bifurcated in HS^I and HS-II in.the ratio.of 50;50;.-
Contd....3A W V i 21 o.a. 1343.2014 * ^lii) - In vifcw of the above re-stmcturuig* tlie artisan staff may be allowed to give revised option for pay fixation w.e.f. 1.1.2006 within three months •••£rpni-the--:d-fttfc,6fis9ye offers'in' this regard. , •i ^The existing recruitment rules for the .Tradesmanmtay be amended and HiRs for thep'ost ofMCM m&y be framed accordingly :5;1 The expehdituro involved will be debitable to the respective Heads of ' Defence Services, Estimates. •5 ' 6. - To-the extent, of provisions indicate' in the paragraphs above MoD C letter No.l l(l)/2002-b (Civ.I) dated 20.05.2003 stands'amendeti-
. 7. ' This issues with the approval of DQP.&T U.O,No5358/10/CR dated; H 25.2.2010- and Ministry of Finance I.acNcf.2(ld)B.ffl5I>es^2^8- dated \ 10.06.2010 and concurrence of Ministry bf DefehCe(Financo AQfPB) vide. ; .their U.O.Nol64yAO/PB dated 14.06.2010^ * (M.3 Shorrha) Under Secretary to the Government .of India Tele No.23012414..
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.Copy tcr ' .
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h ].AG/MP-4<GivXd> 2.DGNCC/Pt.rs(c). ■ 3.;DGDE/Admin'
4. AlrttQrs.ffC-5 ' £. jEX3AFMS/DG 2(B)- 6.DGAQA
7, MHQ/CPDte. : S. OFB.Kolkata ' ' 9:DGQA/Admm-7B
'
I'O.R&D/prgn./I^OP. . t,.E-in-CBranch/E1C ]2. JS(Trg, ' &CAO)/Coord. . 13. DPR 'M.Hqn! IDS, (Die. of Pers.) . - Copy also to:- . a*-
v..i..D(Apptt)7D(Fy-II)/D(R&D)/DCGSjy^DCGS-I^/B^GS.lII)/btQ'S)/' ' ■ D(Q&C)/.D(JCM)/ D(AG)/ p{N.Iiy D(Air.m)/ D(Works)/ 0(0,11)/ •^ .
•.©(Med^Giv.II) /D (GS-VI)/D(Mov)/D(QA)/D(HAL)' .
Contd... 4/-
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\ i ? s'* 22 o.a. 1343.2014 m 3:.
sr, -3- The DOP&T vife its Office Memorandum of even cumber dated the 10 tb .February, 1997 had imposed a temporary ban on fiarain^anieodmcnt/fel«aricn/ modification/notification of Recruitment Rulc^Servicc Rules in rctpcct of Grot^) *A\ 'C', 'D' posts/servicca/cadres till necessary orders to this effect arc issued by the * government The Revised Pay Rules, 1997 have since been notified by Ministry of Finance yj& their notification dated the 30ft September,, 1997. ^As a sequel to this, Government have decided-to lift the aforesaid temporary ban on ftammg^amendmcnt/ rclaxation/raodification/notifkation of Recruitment Rules/Service Rales in respect of •Group 'A', 'BV'C, 'D' po'sts/scrviccs/cadres with immediate effect.) •*.-
r-4. The.Rccruitmcnt Rulcs/Scrvicc Rules are of statutory nature. Therefore, ^ the changes brought oui by olhei' relevant insiructions have to be incorporated in the f Rccmiiment RulcVSemce Rules by suitable amendments so that necessary «tq» **« ?;
holding of DPC etc, are taken to fill the poets Carrying the revised scales, particularly ^•'merged scales, on regular basis. All the Mimstries/Departmenta are, therefore, 1 1; . to effect necessary amendments to the Recruitment Rulcs/Servicc Rules notified by them ^ after "foUbwing the normal procedure of furnishing proposals to the Department of . Pcraormci and Training and thc UPSC in the format (Armcxurc-HI) prescribed m the ; general guidelines on recruitment rules circulated Yttk the DOP&T O.M. , No. 14017/12/87-EsttCRR) dated the IS1* March, 1988 and also in consultation with the Legislative Department.
5. In view of the urgency for amending the Recruitment Rulcs/Serwce Rules . Von the above lines, it is expected that Ministries/Departments would complete the review L in this regard and ftimish necessary amendment proposals to the Deparizneat of Personnel and Treining/thc Union Public Service Commission in the case of Group * A' and 'B' posts within- two months from the. date of - issue of this Office ^Memorandum. Simultahcously, they 'will, no doubt, be taking similar action for -amending the fccruitriicnt rules for Groujp 'C1 and ,D' posts, which is within theif competence under | ^ the delegated powers.
C s'
■f'6. ' . Hindi veraibn.will follow.
(HAWNOEZ SINGH)
Joint Secretary to the Government of India To t ' All Mlnistries/Departments of the Government of India • .Copyto:-
^ T. / The Secretary, Union Public Service Commission, Dholpor House, Shafyahan Road, New DeUd 110011 with reference to tlieir communication No.F.2/14/97-
.« RR dated AprU 17,1998.
I*:
i..-J2. : the Comptroller and Auditor General of India, 10 Bahadur Shah Zafar Marg, Ip ; NcWDelhi ilOOOZ l.v lu:3- Ihe ManagcTj Government of India, Press, Mayapuri, Ring Road, New Delhi OX
-•in- ■ 7 23 o.a. 1343.2014 r Ld. Counsel would insist that the applicants were Unskilled labourers whose posts were merged with Skilled trades. Accordingly, the 'A provisions of the said circular will apply in case of the applicants.
Ld. Counsel for the respondents would counter such claim stating that the circular dated 14.6.2010 refers to cadres of Artisan Staff and, as the applicant No. 1 was a compassionate appointee with no technical background, the abovenoted circular fails to apply to him.
It is settled law that although an employee has no right to be promoted, he has a right to be considered for promotion. Such right, as guaranteed under Article 16, however, will be available only if he falls within the prescribed zone of consideration, as held in Sarabjit Singh v.
Ex. Major B.D. Gupta, (2000) 7 SCO 67.
In Ajit Singh v. State of Punjab, (1999) 7 SCO 209, the Hon^ble Court ruled that if an employee otherwise eligible for promotion or who comes within zone of consideration is not considered for promotion, then there will be a clear infraction of his fundamental right under Article 16(1) and that Article 16 obligates the State to eschew arbitrary deviation from rules or norms.
In the instant matter, the respondents would reason that the applicant No. 1 did not come within the zone of consideration as per provisions of SRO 185 of 1994, a contention that the applicant would > ' i.
controvert by citing applicability of circular dated 14.6.2010 in as much erstwhile Semi-Skilled had to be converted to Skilled grade in terms of O.M. dt. 14.6.2010 (supra).
11. We would, however, observe that in the representations annexed collectively at A-ll, no reference has been made to circular of 14.6.2010 and in particular in seeking benefits therefrom.
r '.M r
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24 o.a. 1343.2014 *v.
¥
12. Accordingly, we would accord the applicants liberty to make fresh representations justifying applicability of circular dated 14.6.2010 in A ,T-i their claims for antedating promotion to Skilled Grade, within a period of ......
4 weeks from the date of receipt of a copy of this order. Once so received, the respondent authorities will, particularly, confine themselves in examining the relevance of the circular dated 14.6.2010 to the applicants in this O.A. The issues raised by the applicants placing reliance on the circular of 13^7.2011 and SRCf 185/1994 heed not be reopened as each of the issues have been comprehensively addressed by the respondent authorities in their speaking order.
The concerned respondent authority will decide on the applicability of 14.6.2010 (supra) in accordance with law within a period of 12 weeks and convey his decision in the form of a reasoned and speaking order to the applicants thereafter.
With these directions, the O.A. is disposed of. No costs.
/ ■ - ■rv.v
IV
(Dr. Nandita Chatterjee) (Bidisha Banerjee)
Administrative Member Judicial Member
SP