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2024 Supreme(Bom) 569

D. K. UPADHYAYA, ARIF S. DOCTOR
Shri Shripad Dwarkanath Gupte – Appellant
Versus
Union of India – Respondent


Advocates appeared:
Mr. Vicky Nagrani for the Petitioners.; Mr. R. R. Shetty a/w Mr. Rui Rodrigues for Respondent Nos.1 and 2., Mr. Anurag R. Saxena for Respondent No.3.

JUDGMENT

Arif S. Doctor, J. - The challenge in the present Writ Petition is to the common judgement and order of the Central Administrative Tribunal, Mumbai (Tribunal) dated 21st December, 2022 by which Original Application Nos. 93 of 2017 and 497 of 2017 came to be dismissed.

A Brief Background

2. The Petitioners who were the Applicants before the Tribunal are stated to be working as Artisan Staff in the following grades i.e. Highly Skilled Grade- II (HSK-II), High Skilled Grade-I (HSK-I) and Chargeman and Foreman in the Technical Supervisory Staff of Indian Navy carrying out the work involved in repair and maintenance of Navy Ships and Submarines. The staff for said works are allotted by Respondent No. 2 from the total sanctioned strength and workload required in each trade.

3. The Ministry of Defence (MoD) had vide its order dated 21st September 1982 created a grade of Master Craftsman in each trade of the relevant defence establishments. The said order inter alia provided that (i) the number of posts of Master Craftsman shall be upto 10% of total number of sanctioned posts in HSK-I in each organization (ii) the procedure for selection to the grade of Master Craftsman and (iii) cons

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