SURENDRA MOHAN ARORA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are diploma holders in Mechanical engineering. More than about a thousand vacancies of Supervisors Grade A (Technical) in the pay scale of Rs. 205-280 fell vacant in the Ordnance Factories in India in the year 1963. Besides usual advertisements inviting applications from qualified candidates, the Director General of Ordnance Factories, calcutta, wrote to the Principals of Colleges to persuade eligible candidates to apply for recruitment to those posts. It was expressed that promising candidates could expect to be promoted as Charge men, Grade II, within a short period. The candidates, who applied for appointment to these posts, were asked to bring with them original certificates and mark-sheets. After interview, the petitioners were appointed as Supervisors Grade B in the ordnance Factory, Khamaria, in the scale of pay of Rs. 175-6-205-7-240 on different dates in the year 1963. It may be mentioned that at the time of interview the petitioners were not in physical possession of diploma certificates although they had passed the examination. Later, when the petitioners were awarded diploma certificates and they produced them before the authorities, they were promoted as Supervisors Grade A in 1964 and 1965 on various dates as shown in Annexure-1 to the petition. Earlier, by letter dated 6-11-1962, the Director General Ordnance Factories, had declared that diploma-holders, who were appointed as Supervisors Grade B, would on completion of one year's satisfactory service in Ordnance Factories be promoted as Supervisors Grade A. Yet by another letter, dated 11-3-1963 (Anne-xure-7), the Director General made it clear that the diploma-holders would be appointed as Supervisors Grade A and those already working as Supervisors Grade B should be promoted as Supervisors Grade A if their work as supervisors Grade B was satisfactory even though they did not complete one year's service as Supervisors Grade B. However, by letter, dated 5-6-1963 (Annexure-8), the Director General made it clear that the term 'diploma Holder' would include only such persons who were in actual physical possession of the diploma and that such persons alone could be appointed as Supervisors Grade A or to equivalent posts if they were found suitable. Persons who had passed the diploma examination but did not actually possess the diploma certificates were outside the term 'diploma-holder' and could not be appointed as Supervisors Grade A. Such persons could, however, be appointed as Supervisors Grade B in case they were otherwise found suitable. The petitioners allege that although they were found suitable, they were initially appointed as Supervisors Grade B only because at the time of interview they were not in actual physical possession of diploma certificates.

(2.) ONE Sahab Singh Verma, who like the petitioners, was initially appointed as Supervisor Grade B, filed a writ petition (Miscellaneous Writ no. 3427 of 1969) in the Allahabad High Court, urging that in the matter of selection and appointment of Supervisors, the Union Government had framed no rules and in the absence of any rules governing such appointment, Shri verma was discriminated from persons equally placed inasmuch as he was selected and appointed as Supervisor Grade B, while others were appointed as Supervisors Grade A. The Allahabad High Court while allowing the writ petition by order, dated 16-2-1971, observed that the date on which actual certificate was obtained was wholly irrelevant for appointment. The qualification being only a diploma in mechanical engineering, the petitioner in that case could not be discriminated as was done. In the final analysis, the learned Judge of the Allahabad High Court observed as follows :

(3.) THESE judgment of the Allahabad High Court prompted the petitioners, and like them many others, to press their claim for treating them as being appointed as Supervisors Grade A from the dates of their initial appointments In the representations, the petitioners alleged that after the judgments of the Allahabad High Court certain persons similarly placed were granted relief even though they did not take any proceedings in any Court of law. In view of the judgments of the Allahabad High Court taking the view that actual possession of diploma certificates was not necessary for appointment as Supervisor Grade A, the Director General of Ordnance Factories by letter (Annexure-11), dated 14-9-1972, directed the General Managers of all the factories that all persons, who were initially appointed as Supervisors grade B because of their not being in possession of diploma certificates at the time of their initial appointments should be treated as Supervisors Grade A. It was made clear that the individuals affected will have their seniority as supervisors Grade A re-fixed nationally from the dates of their appointments. It was, however, made clear that such notional fixation of seniority will not disturb promotion/confirmation already effected and that it will not confer any financial benefit with retrospective effect. All Ordnance Factories in india were asked to revise the seniority of the Supervisors accordingly. The petitioners allege that after the issuance of these instructions contained in annexure-1l, they expected that their seniority shall be re-fixed treating them as Supervisors Grade A from the date of their initial appointments. Although the Director General by his letter, dated 27-7-1976, forwarded a seniority list of Supervisors Grade A who have been assigned notional seniority from the date of their initial appointments, the petitioners were even then excluded from being considered. The petitioners continued to make representations as a result of which the Director General of Ordnance Factories directed all ordnance and CED Equipment Factories for examining the cases of individuals with specific reference to the finding of the initial selection board and to respective diploma and asked for necessary proposals for advancing their seniority positions in the grade of Supervisor 'a' or equivalent grades from the date of their initial appointments as Supervisors Grade B. This examination of cases was expected to be completed by the middle of November 1977 at the latest.