Judgment

OJHA, J.:- The petitioners in the a fore mentioned writ petitions claim to have been appointed as Supervisors Grade A in various ordnance factories between 1962 to 1966 and have filed these writ petitions with the prayer that the same relief may be granted to them also as was granted by this Court to 75 appellants in Civil Appeal No. 441 of 1981 vide its order dated 2nd February, 1981 (reported in AIR 1981 SC 1775 (1)). The three civil miscellaneous petitions referred to above on the other hand have been made by the appellants of Civil Appeal No. 441 of 1981 asserting that the direction given by this Court on 2nd February, 1981 has not been complied with in the manner as it ought to have been by the respondents and they should be consequently required to comply with the said direction. The exact nature of the prayer made in these miscellaneous application shall be indicated after referring to the relief granted on 2nd February, 1981 in Civil Appeal No. 441 of 1981.

2. The 75 appellants of Civil Appeal No. 441 of 1981 filed a writ petition in the Allahabad High Court in 1972 asserting that they had been appointed as Supervisors Grade A on various dates in pursuance of a circular dated 6th November, 1962 issued by the Director General of Ordnance Factories, the relevant portion whereof. reads as hereunder:

"Subject: Non-Industrial Establishment Promotion D. G. O. F. has decided that Diploma holders serving as Supervisor W (Tech)/ Supervisor W/ (Tech) and in equivalent grades should be treated as follows

(i) All those Diploma holders who have been appointed as Supervisor B (Tech) (and in equivalent grades) should on completion of one years satisfactory service in ordnance factories be promoted to Supervisor W (Tech) and in equivalent grades.)

(ii) All those diploma holders who work satisfactorily as Supervisor W (Tech) or in equivalent grades for 2 years in Ordnance Factory should be promoted to Chargeman.

Kindly acknowledge receipt.

Sd/- K. G. Bijlani

ADGOF/Est.

for D. G. O. . F."

3. Their grievance in the writ petition was that even though quite a large number of Supervisors Grade A had been promoted to the post of Chargeman Grade II on completion of two years satisfactory work they had been discriminated against and had not been so promoted immediately on the expiry of two years in pursuance of the aforesaid circular even though their work was satisfactory. The relief prayed for in the said writ petition was for the issue of a writ of mandamus directing the Union of India through the Director General of Ordnance Factories to promote the appellants to the post of Chargeman II. The writ petition was contested by the respondents thereto inter alia on the ground that under the rules of promotion from Supervisor A to Chargeman II first Departmental Promotion Committee at the factory level and then a Departmental Committee at the Central level screens the service record of each of the Supervisors A who comes within the range of eligibility and then finally the Director General of Ordnance Factories draws up a list and sanctions promotions. It was further asserted that in accordance with the said rule the cases of all the appellants were screened by the Promotion Committee at the factory level and then at the Central level and they not having been found fit were not promoted. It appears that the criterion of promotion is seniority-cum-merit. The learned single Judge, however, did not go into the merits of the controversy and dismissed the writ petition on the ground of unexplained laches and also on the ground that a previous petition for similar relief had. not been pressed. Against the judgment of the learned single Judge the appellants preferred a special appeal before a Division Bench of that Court. The learned Judges who decided the special appeal did not consider it appropriate to uphold the dismissal of the writ petition on the technical ground which found favour with the learned single Judge and they went into the merits of