S K BHATE Vs. UNION OF INDIA

JUDGEMENT

(1.) Twenty two petitioners, under Article 32 of the Constitution, have come to this Court with the following assertions:(1) They are employed as civilian non-gazetted Officers holding posts of Chargemen Grade II (Chemists) in High Explosives' Factory, Kirkee, which is one of the 28 Ordnance Factories, located all over India, controlled by opposite party No.2, the Director General of Ordnance Factories, with his Head Office at Calcutta.

(2.) The Factory has four cadres of officers:(i) Gazetted officers; (ii) Non-Gazetted officers; (iii) Non-Industrial employees; (iv) Industrial employees. The petitioners belong to the second cadre which has four grades:(a) Foremen; (b) Assistant Foremen; (c) Chargemen Gr. I; (d) Chargemen Grade II. The 3rd cadre of non-industrial employees has two grades; (i) Supervisor 'A' Grade; and (ii) Supervisor 'B' grade. The employees of the 3rd cadre are classified as Class III employees in the general scheme of classification of Govt. servants who are governed by Indian Ordnance Factories (Recruitment and Conditions of Service of Class III Personnel) Rules.

(3.) The seniority rules of Gazetted and Non-Gazetted officers of the Ordnance Factories and laid down in office Memorandum dated 4th January, 1956, amended in 1961 (Annexure 'B').