UNION OF INDIA Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) AGGRIEVED by order of Central Administrative Tribunal, Chennai Bench dated 03-05-2002, made in Original Application No. 778 of 2001, Union of India, ministry of Defence (DP and S), DHQ PO, New Delhi-11, Ordinance Factories board, Calcutta and Senior General Manager, Heavy Vehicles Factory, Avadi, chennai-54 have filed the above Writ Petition.

(2.) THE case of the petitioners-Department is briefly stated hereunder: as a policy decision of the Government of India, Ministry of Defence has decided to abolish the post of Checkers in Ordnance Factories Organisation. Based on the same, Ordnance Factories Board, Calcutta had issued letter no. 288/a/n1/checker dated 17-03-1981 to abolish the post of Checkers in Heavy vehicles Factory in a phased manner. On implementation of the order, all existing Checkers were either promoted to Lower Division Clerk ("ldc" in short)/assistant Store Keeper ("ask" in short) with all financial benefits and fixation of pay under Fundamental Rule 22-C.

(3.) THE respondents 2 to 52 herein, applicants in O. A. No. 778 of 2001 before the Tribunal, had been granted one promotion on abolition of Checkers to ldc/ask with all financial benefits and fixation of pay under Fundamental Rule 22-C and treated against the first regular promotion and the regular promotion from LDC/ask to UDC/deo/ Supervisor has been treated as second promotion, the applicants in the said Original Application had not been considered for further upgradation as per rules/guidance of DOP and TOM dated 9-8-1999, which are having the force of law. Aggrieved by this, S. A. S. Thirumal and 50 others, applicants filed the above Original Application before the Central administrative Tribunal, Chennai Bench to call for the records and files relating to the letter issued by the Heavy Vehicles Factory, Chennai bearing no. 3 (73) ESTT/2000 dated 14-11-2000 and set aside the same and consequently direct the department to grant the benefit of pay fixation in the scale of rs. 5000-8000 to the applicants on par with their juniors who have been given the said scale of pay. The Central Administrative Tribunal, after finding that when the applicants were appointed as LDC/ask after abolition of the post of Checkers, they have not been given financial upgradation or promotion in accordance with the RRs, but they were accommodated/absorbed against the post of LDC/ask, quashed the impugned letter dated 14-11-2000 and allowed the original Application. By doing so, the Tribunal has also directed the department to consider the case of the applicants for extending the benefit of assured Carrier Progression Scheme ("acp Scheme" in short ). Aggrieved by the said decision, the department has filed the present writ petition.