JUDGMENT

BEG J.:—Twenty two petitioners, under Article 32 of the Constitution, have come to this Court with the following assertions : (1) They are employed as civilian non-gazetted Officers holding posts of Chargemen Grade II (Chemists) in High Explosives Factory, Kirkee, which is one of the 28 Ordnance Factories, located all over India, controlled by opposite party No.2, the Director 364 General of Ordnance Factories, with his Head Office at Calcutta.

2. The Factory has four cadres of officers : (i) Gazetted officers; (ii) Non-Gazetted officers; (iii) Non-Industrial employees; (iv) Industrial employees. The petitioners belong to the second cadre which has four grades: (a) Foremen; (b) Assistant Foremen; (c) Chargemen Gr. I; (d) Chargemen Grade II. The 3rd cadre of non-industrial employees has two grades; (i) Supervisor A Grade; and (ii) Supervisor B grade. The employees of the 3rd cadre are classified as Class III employees in the general scheme of classification of Govt. servants who are governed by Indian Ordnance Factories (Recruitment and Conditions of Service of Class III Personnel) Rules.

3. The seniority rules of Gazetted and Non-Gazetted officers of the Ordnance Factories and laid down in office Memorandum dated 4th January, 1956, amended in 1961 (Annexure B ).

4. The Director General of Ordnance Factories, Respondent No.2, issued an advertisement, D/- 14-11-1962, for direct recruitment to the grade of Foreman, Assistant Foremen, Chargemen Grade I and Chargemen Grade II. At the time of this advertisement, all the petitioners, except petitioner No.12, were already serving as officiating Supervisors of A Grade of Class III employees. In answer to the advertisement for appointment to temporary posts with prospects of being "considered for permanent appointment in due course", the petitioners, who possessed the minimum qualifications prescribed, applied for direct recruitment which was open to them also. The petitioners were called for interview by a letter issued by the General Manager, High Explosives Factory, Kirkee, on 7th February, 1963, but, after the interviews, no letters of appointment were received by the petitioners other than petitioner No.12.

5. They were promoted between April, 1963, and November, 1963, from their substantive grade of Supervisor A to Chargemen Grade II by the General Manager of their factory, on short term basis, by virtue of powers delegated to him. Petitioner No.12, who was not in service at all before, was appointed a temporary chargeman. Grade, II, in April, 1963, as a result of his selection after interview. Respondents 5 to 16, however, entered the grade of Chargemen Grade II between 1st December, 1963, and 4th February, 1965, and were also shown as temporary Chargemen Grade II, but they were not holding any post in the grade of Supervisors. The respondents were apprentices before entering into the Grade II of Chargemen.

6. The promotions of the petitioners were given retrospective effect, by an order dated 11th June, 1965, passed by the Director General Ordnance Factories. In December, 1967, however, the petitioners were superseded by others who were alleged to be their juniors. The petitioners made representations and sent reminders which were not replied to. Respondents 5 to 16 were promoted from Chargemen Grade II to the grade of Assistant Foremen by an order of the respondent No.2 Director General Ordnance Factories dated 17th September, 1971. This order according to the petitioners amounted to another supersession of the petitioners who were shown as holding permanent posts only as Supervisors of A Grade in 1971. The petitioners, therefore, came to this Court on 14th December, 1971 against the orders dated 17th September, 1971, which amounted to their supersession.

7. The petitioners also allege that, as no orders were communicated to them showing that they were considered direct recruits by the Ordnance Depot by the Ministry of Defence Production in the Govt. of India or