CHAND MOHAMMED Vs. CENTRAL ADMN. TRIBUNAL, JODHPUR

JUDGEMENT

(1.) Heard learned counsel for the parties. In challenge is the judgment and order dated 23.5.2008 passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur (for short herein referred to as 'the Tribunal') in O.A. No. 116/2007 whereby the writ petitioners' assailment of the communication No. 10210/HS/778/EIC 2 dated 21.5.2007 circulating amongst others panel of FGM, HS-I and HS-II (category of placement of Master Craftsman) had been negatived. Essentially thereby, the writ petitioners perceived claim of seniority in Highly Skilled category (for short herein referred to as 'HS') in terms of the policy of restructuring engrafted in the letter dated 20.5.2003 (Annex. P/3) was declined.

(2.) The facts in brief necessary for the disposal of the instant petition are that the petitioners entered the service under the respondents as skilled workman on 18.1.1978 and 6.8.1971 respectively and were recruited as HS-II on 22.3.1995. While they continued to serve as such, the policy aforementioned for restructuring the cadre of artisans staff in the defence establishment was enforced. Paragraph No. 3 which has a vital bearing on the issues to be adjudicated deserves to be extracted and is reproduced herein below:--

(3.) Thereunder, the existing grade structure in the Industrial as well as in the Non-Industrial categories in the ratio of 65:20:15, in the Skilled : HS-II : HS-I, was modified to the ratio of 65:35 corresponding to Skilled and Highly Skilled categories. Thereby HS-II and HS-I were merged w.e.f. 1.1.1996 into Highly Skilled class. Paragraph 3(c) prescribed that the selection from Highly Skilled grade following the merger to the grade of the Master Craftsman would be limited to 10% of Highly Skilled Cadre with the placement therein w.e.f. 1.1.96 and up to the date of the issue of the order carrying the policy. Paragraph 3(d) provided that the placement of the individuals following the merger and restructuring in the respective posts would be effective from 1.1.96, in relaxation of the condition, if any, of passing the trade test etc., as a one time measure.