KAMAL KANT PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners in the instant writ petition have sought for issuance of a writ in the nature of Certiorari to quash order dtd. 20/4/2005 passed in O.A.No.375-2004 by the Central Administrative Tribunal, Jabalpur Bench (hereinafter referred to as "CAT") with a further prayer to strike down S.R.O.357 of 1979 while commanding the respondents to treat the petitioners similar to the members of other trades by safeguarding their present position along with their pay.

(2.) The case of the petitioners is that they were employed as Machinist Grade-II and Grinders in Vehicle Factory, Jabalpur. All the petitioners, although were appointed between 1972 and 1973 but at one point of time, they congregated into a trade of Grinders, therefore, the grievance of the petitioners is common. They submit that in the Ordnance Factories and

(3.) Petitioners stated that there was discrimination in classification of the Grades. The respondents have created an artificial disparity by an executive order between the Turner and other trades. The Grinders "A" Grade claim the relief to the extent that they should be treated equivalent to the employees of the other category having the chance of promotion as Supervisor "B". Similarly situated employees had filed petition before the CAT at Calcutta as T.A.No.1361-1986 and T.A.No.1248-1986. The Calcutta Bench of CAT vide judgment dtd. 30/10/1987 allowed the Original Applications. The Factory Order Part-I dtd. 7/1/1983 and Factory Order dtd. 3/1/1984 were struck down. Creation of new Grade/Posts of Grinders Special Highly skilled by Office order dtd. 25/1/1980 was also struck down. The respondents in that case challenged the order passed by the CAT before the Hon'ble Supreme Court. The SLP was dismissed.