A K SAXENA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Director General of Ordnance Factories, Government of India in the Ministry of Defence, framed a Scheme to be operated by the Director General of Ordnance Factories in 1950. The object of the scheme was to select apprentices for training for appointment, inter alia, to the posts of Chargemen Grade II and Supervisors Grade A. The selection of the apprentices for appointment to these posts was to be done according to paragraph 11 (a) of the Scheme which is as follows :

(2.) Some persons who have been appointed as Supervisors Grade A filed writ petition No. 729 of 1976 challenging the operation of the Scheme by the Director General of Ordnance Factories in respect of appointments to the posts of Chargemen Grade II mainly on the following three grounds:

(3.) The last contention of the petitioners was upheld by the learned single Judge who directed the respondents to allow the petitioners to appear for a subsequent examination and if the petitioners qualify for appointment as Chargemen Grade II then to grant them seniority retrospectively from the year in which they were denied the opportunity of appearing for the examination on the basis of their being marginal candidates. The other two contentions were not accepted by the learned single Judge. Hence this appeal.