JUDGMENT :

Devendra Kumar Upadhyaya, J.

1. Heard Mr. Vishal P. Shirke, learned counsel representing the Petitioners and Mr. Advait Sethna, learned Counsel representing the Respondents – Union of India and perused the records available before us on these petitions.

2. Since all the three petitions raise common question of facts and law, the same are being decided by the common judgment which follows :

CHALLENGE :

3. By instituting these petitions, the Petitioners assail the judgment and order dated 2nd January 2017 passed by the Mumbai Bench of Central Administrative Tribunal (hereinafter referred to as the “Tribunal”) whereby the Original Applications filed by the Petitioners challenging their reversion from the post of Chargeman (Technical) have been dismissed.

FACTS IN BRIEF :

4. Since the facts as narrated and culled out from the pleadings available on record are similar in these petitions, Writ Petition No.801 of 2017 shall be treated to be the leading Writ Petition and facts of the said case shall be narrated for convenience.

5. All the Petitioners are working in different Ordnance Factories under the Ministry of Defence, Government of India. Recruitment Rules of Group-C Supervisory and Non-Gazetted Cadre in the Ordnance Factories are governed by the Recruitment Rules framed by the Government of India in exercise of powers conferred upon it under proviso to Article 309 of the Constitution of India known as the “Indian Ordnance Factories Group-C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions of Service) Rules, 1989” (hereinafter referred to as the “Recruitment Rules, 1989”). Rule 4 of the Recruitment Rules, 1989 provides for method of appointment, age limit, qualification etc. It also provides that other matters connected therewith shall be as specified in columns 5 to 14 of the Schedule appended to the Rules. According to the Schedule, as it existed prior to its amendment, educational and other qualification required for direct recruitment to the post of Chargeman (Technical) was, recognized 3 years Diploma or equivalent in Engineering / Technology / Draftsmanship with 5 years’ experience in relevant technical field or B.Sc. with Physics Chemistry and Maths with 5 years’ experience where diploma for any category cannot be identified by Ordnance Factory Board (OFB).

6. The said Recruitment Rules, 1989 were amended on 28th November 1994, whereby it was provided that 25% posts shall be filled-in by direct recruitment, 25% by Limited Departmental Competitive Examination (hereinafter referred to as the “LDCE”) from amongst the incumbents working as skilled workers with 2 years’ experience in the grade and 50% posts are to be filled-in by way of promotion.

7. The amendment in the Recruitment Rules notified on 28th November 1994 further provides that for LDCE, educational qualification prescribed for direct recruitment shall also be one of the requisites. The Recruitment Rules were again amended by promulgating Indian Ordnance Factories Group-C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions of Service) Amendment Rules, 2003 which were notified by the Ministry of Defence on 27th May 2003. By this 2003 Amendment, the Schedule was amended and for the post of Chargeman (Technical) the educational qualification prescribed for direct recruitment was altered and thus the candidate for being recruited to the post of Chargeman (Technical) was required to possess 3 years’ Diploma or equivalent qualification certificate in the respective field duly affiliated by the All India Council for Technical Education (hereinafter referred to as the “AICTE”). Though by amending the Recruitment Rules in the year 2003 the qualification for diploma duly affiliated by AICTE was prescribed for direct recruitment, however, the said qualification is applicable for recruitment through LDCE as well by virtue of the amendment introduc