SHRI BABURAO SUKHRAM NAGOSE Vs. UNION OF INDIA

JUDGEMENT

(1.) MA No. 771/2011 moved by the applicant for joining together is allowed to avoid multiplicity of litigation.

(2.) THE applicants, six in number, are working as Junior Works Engineer in the Ordnance Factory under Ordnance Factory Board, Ministry of Defence. The present application has been filed with the following prayers: -

(3.) THE Department of Defence Production and Supplies, Ministry of Defence had notified on 1.10.2002 Indian Ordnance Factories Service/(IOFS)(Group A) Recruitment Rules, 2002 which provided for 50% of the total posts for the junior time scale to be filled by promotions from Junior Works Manager (Technical/Non -Technical/Stores). The Juniors Works Manager on the other hand come from various disciplines Mechanical/Electrical/Civil/Design/Metallurgical/Chemical/Clothing/Leather, besides Non -Technical/Stores. It is the case of the applicants that the Recruitment Rules do not envisage discipline wise promotion to JTS from JWS but the respondents illegally have been maintaining discipline wise seniority list of JWMs and promoting according to the Trades/Disciplines of the retiring officer whose vacancy was to be filled up. This was contrary to the Recruitment Rules of 2002. The applicants have challenged the orders dated 30.6.2009 and 31.7.2009 promoting 97 & 23 JWMs respectively to the post of AWMs (JTS) to the extent that the applicants who claimed to be senior to some of the promoted officers were left out.