ARUN KUMAR BHOWMICK Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS order shall govern final disposal of W.P. Nos. 482/2008, 928/2008 and 17536/2007. These petitions are directed against a composite order passed by the Central Administrative Tribunal, Jabalpur Bench, Jabalpur in O.A. Nos. 400/1998, 306/2000 and 423/2004; whereby, claim of the petitioners, Chargeman GradeII, in the Ordnance Factories, under Ordnance Factory Board, for grant of seniority over and above private respondents has been negatived. Relevant facts are carved out from W.P. No. 482/2008.

(2.) PETITIONERS were initially appointed as Supervisor in the pay scale of Rs.380560 under the third Pay Commission. Subsequently, they were appointed by way of transfer as Chargeman Grade II under the order dated 8.5.1993. That, prior to their appointment as Chargeman Grade II by transfer, their pay scale in pursuance to the recommendations by the 4 th Pay Commission was revised from Rs.380560 to Rs.14002300. That, the private respondents who were holding the post of Highly Skilled Grade I in the payscale of Rs.13202040 were promoted to the post of Chargeman Grade II w.e.f 8.5.1993. Both the petitioners as well as private respondents were thus made Chargeman w.e.f. 8.5.1993. As apparent they were drawn from two different streams.

(3.) APPOINTMENT by transfer and by promotion was effected in pursuance to a policy decision taken by the Government of India, Ministry of Defence, Ordnance Factory Board, circulated by circular dated 19.4.1993 which provided for utilization of post of Chargeman Grade II by following the principles of first effecting the promotion and then by posting by transfer of employees in equivalent grade.