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Central Administrative Tribunal - Delhi

Satish Chand Sharma vs M/O Defence on 13 February, 2020

                           1                          OA No-2865/14


         CENTRAL ADMINISTRATIVE TRIBUNAL
                 PRINCIPAL BENCH


                       OA No-2865/2014

         New Delhi, this the 13th day of February, 2020

Hon'ble Mr. Justice L. Narasimha Reddy, Chairman
Hon'ble Mr. A.K. Bishnoi, Member (A)

   Satish Chand Sharma
   Aged about 49 years, working as Machinist
   S/o Sh. Ayodhya Prasad Sharma
   R/o P-130, Mohan Garden, Uttam Nagar
   New Delhi-110059.                      ...   Applicant

   (through Sh. M.K. Bhardwaj)


                               Versus

  1. Union of India
     Through its Secretary
     Ministry of Defence
     Government of India, Sena Bhawan, New Delhi.

  2. The Directorate General (EME)
     Masters General of Ordnance Branch
     IHQ, MOD (Army), New Delhi.

  3. The Commandant
     Headquarter Base Workshop Group
     EME, Ministry of Defence, Meerut.

  4. The Director, EME (Civil)
     Directorate General of EME
     Masters General Ordnance Branch
     Integrated Headquarter, MoD (Army), New Delhi.

  5. The Commandant
     505, Army Base Workshop
     C/o 56 APO, Delhi Cantt.
                               2                          OA No-2865/14


     6. The Commanding Officer
        DET, DWG Quality
        505 Army Base Workshop, Delhi Cantt.        ...Respondents

(through Dr. Ch. Shamshuddin Khan with Sh. Shubham Pundhir)


                           ORDER (Oral)

Mr. Justice L. Narasimha Reddy, Chairman The applicant joined the service of the Directorate General of EME in the year 1989 as 'Skilled'. On 02.05.2003, the post was reorganized into 1) Skilled 2) Highly Skilled (HS) and 3) HS Grade- I. As a sequel to the reorganization, the applicant was placed in HS. Claiming the promotion to HS-1, the applicant filed OA No. 2733/2008. That was allowed on 14.09.2010 and he was promoted as HS-1, through an order dated 26.11.2010 w.e.f. 01.03.2000.

2. There exists a facility of further forward movement to the post of Master Craftsmen (MCM). While several juniors to the applicant were appointed to that post, the applicant was not. Therefore, he filed this OA with a prayer to direct the respondents to grant him, the grade of MCM from 2003 onwards. He contends that several juniors to him were placed in that position.

3. The respondents filed counter affidavit, stating inter alia that, the elevation to MCM took place when the Board met in March 2007 and since the applicant was not promoted as HS Grade-I by that 3 OA No-2865/14 time, he was not considered. It is also stated that in the recent past, the Board has decided to review the case of the applicant for elevation to MCM and that the next meeting is likely to take place shortly.

4. We heard Sh. M.K. Bhardwaj, learned counsel for the applicant and Dr. Ch. Shamshuddin Khan, learned counsel for the respondents.

5. It is no doubt true, that several juniors to the applicant as HS Grade-I were elevated to the post of MCM in the year 2007. However, the applicant was not in that cadre, in the year 2007. It was only in the year 2010 that, he was promoted to HS Grade-I, maybe w.e.f. 01.03.2000.

6. Now that the respondents have recognized the right of the applicant to be elevated to MCM, we dispose of the OA directing that the case of the applicant be considered for elevation for MCM at the next meeting of the Board, which shall be within three months from the date of receipt of a copy of this order. There shall be no order as to costs.




 (A.K. Bishnoi)                    (Justice L. Narasimha Reddy)
  Member (A)                                  Chairman


/ns/