Document Fragment View

Matching Fragments

3. According to the pleadings in the O.A. the applicants were appointed as Mill Wright (S.K.) and Optical Worker (HS II) in different grade in Ordnance Factory of Ministry of Defence, Government of India at Dehradun; Circular/notification dated 25.07.1995 was issued by the then General Manager, Ordnance Factory, Dehradun to fill up vacancies of Draughtsman in the scale of Rs.1200-2040 indicating-Qualification- (Min) as 'matriculation and two years diploma/certificates'; According to Clause 4 of the Circular/Notification "employees who does not possess required qualification and are willing to undergo training in OFTI may submit their application.............". (Annexure 3 to compilation II of the O.A); applicants also submitted their applications and were selected and issued 'appointment letter' 'purporting to appoint them as Draughtsman' in the Ordnance Factory Dehradun-vide order dated 5.12.1995/Annexure 4. It appears that higher authorities did not find favour with above 'Selection/appointments and by the means of impugned order dated 12.8.1999/Annexure 2 and order dated 13.8.1999/Annexure 1, the applicants were directed to be redesignated as 'Tracer' in the pay scale of Rs. 4000-6000 i.e. the same pay scale as applicable to the post of Draughtsman.

4. Alongwith O.A, applicant have annexed copy of letter dated 8.6.1999-Annexure 5/Compilation II. For convenience, the contents of aforesaid letter issued by Government of India, Ministry of Defence, Calcutta is being reproduced inextentio :-

"Vide OFB letter dated 19.4.1993 quoted at reference above, a ban on filling up of the post of D'man was imposed. It is noted that inspite of that ban, some factories have filled up the post of D'man by promotion from Tracer. Subseqeuntly by a telex dated 27/28.12.1995 quoted at reference above, a final and categorical instruction was issued that D'man post are not to be filled up at all either by promotion by transfer. Inspite of the instructions it has been noted that a few factories have promoted some Tracers to D'man post in the pay scale of 1200-2040/- (pre revised). While majority of the factories have not promoted any tracer the anomalous position which has arisen out is that in many factories there are senior tracers who have not got promotion to the post of D'man whereas very few Tracers even juniors in some factories have got promotion to D'man.
The promotions which have been effected to the post of D'man after 10.5.1993 are all irregular and is likely to created various complications. If it is allowed to continue, it will create lot of disparity. It has therefore been decided that all persons holding the post of D'man who have been inducted after 10.5.1993 to the post of D'man shall be redesignated to Tracer w.e.f 1.7.1999 in the pay scale of Rs.4000-6000/-. All Tracers who were in the pay scale of Rs.3200-4900 are also getting upgraded to the pay scale of Rs.4000-6000/- w.e.f. 20.4.1999 vide M of D letter No. 45 (1)/98/III/D (Fy-II) dated 20.4.1999 circulated under OFD letter NO. 595/TRACER/A/NI/96 dated 10.5.1999. This will bring all existing D'man and Tracers in the same scale and at par and will solve all complications.
Factories which have promoted D'man inducted to the grade of D'man after 10.5.1993 to the post of Ch'man are required to revert them to the post of Tracer in the pay scale of Rs.4000-6000 w.e.f. 1.7.1999.
Factories are requested to take immediate action and intimate the action taken by them to O.F. Board latest by 12.7.1999.
(B.B Verma) Deputy Director General/NG For Director General Ordnance Factories"

5. The argument on behalf of the Applicants, is that they had submitted their application in pursuance to the Circular (referred to above), they had correctly indicated their qualifications; selection committee approved their candidature and issued appointment letters- to work as Draughtsman. By re-designating them as 'Tracers'- even though there is no change in pay- scale, they have no promotional avenue. Arguments is that once the applicants were selected and appointed as Draftsman-as per Notification/Circular and there are no charge of "concealment/fraud" against the applicants, they could not be re-designed as 'Tracer'. Next argument is that many person in their Factory, junior to the applicants, were promoted and appointed as Draughtsman.