IMPORTANT POINT
The legal principle established is that if benefits extended to a group of individuals are subsequently withdrawn in compliance with court orders, the court cannot direct the extension of those benefits to another individual.

JUDGMENT :

Partha Sarathi Chatterjee, J.

Prologue:

1. The dispute involved in the writ petition is the alleged deprivation of notional seniority to the petitioner in the post of Supervisor B (Technical) w.e.f. 01.01.1973 and its consequential benefits due to non-implementation of the Factory Orders Part-II nos. 86-89 dated 06.01.1996.

Petitioner’s Case:

2. The facts, as projected in the writ petition, which need to be narrated for effective adjudication are epitomised as follows:

a) the petitioner was directly recruited to the post of Grade-A workman (Fitter) on 03.08.1967 after completion of 3(three) years’ training including one year’s Journeymanship training in Gun Carriage Factory (in short, GCF), Jabalpur, Madhya Pradesh, a unit engaged in manufacturing weapon and equipment under Ordinance Factory Board (in short, OFB) (now ceased to exist and has come under NDPSUs which is under Ministry of Defence, Government of India).

b) the workmen of trades namely, fitter, turner, miller etc. were graded ‘A’ whereas the workmen of trade Grinder was graded ‘B’ and the channel of promotion of the workmen of both the grades were hereunder:

‘Grade- A workman—Supervisor B(T) ---Supervisor A(T)--Chargeman Grade-II—Chargeman-Grade-I—Assistant Foreman(T)—Junior Works Manager’.

‘Grade-B workman – Grade A workman-- Supervisor B(T) ---Supervisor A(T)-----Chargeman Grade-II---—Chargeman-Grade-I---—Assistant Foreman(T)—Junior Works Manager’.

c) On 18.12.1972, a Departmental Promotion Committee (in short, DPC), which was constituted to consider the case of promotion of Grade-A workman to the post of Supervisor B (T) prepared a ‘select list’ of 34 candidates including the petitioner but due to unavailability of vacancy, only 20 numbers of workmen Grade-A were accommodated in the post of Supervisor B(T) w.e.f. 01.01.1973. The petitioner was promoted to the post w.e.f. 02.07.1973. Subsequently, the petitioner was elevated to the posts of Chargeman-II (T), Chargeman-I(T) and Assistant Foreman (T) w.e.f. 01.09.1980, 19.06.1992 and 30.12.2002 respectively. The petitioner demitted his office on 31.08.2005.

d) In 1991, i.e. after 19 years, the decision of that DPC was reviewed and by passing an order dated 19.09.1991, the G.M., GCF, Jabalpur granted notional seniority to 102/103 numbers of Grade–B workmen to the post of Supervisor-B (T) w.e.f. 1.1.1973 though those workmen Grade-B were en masse juniors to the petitioner. Out of them, 50 nos. of those Grade B workmen were transferred to other factories, 35 nos. of Grade-B workmen were absorbed in Jabalpur factory and 15 were absorbed in other factories and 3 nos. of ex-journeymen Grade-B, who were juniors to the petitioner were granted notional promotion to the posts of Chargeman Grade-II and Chargeman Grade-I w.e.f. 01.04.1980 and 12.09.1991 respectively on the basis of their notional seniority in the post of Supervisor B (T) w.e.f. 01.01.1973 vide OFB order dated 01.12.1991 and Factory order dated 23.10.1992 leading the petitioner to draw lesser pay than the above-referred three junior employees.

e) Subsequent thereto, the General Manager, GCF, Jabalpur vide. his order dated 10.12.1992 granted notional seniority to 97 numbers of Ex-journeymen (Grade-B) including 35 numbers Grade-B (who were subsequently reverted back to Jabalpur factory) in the post of Supervisor-B(T) six months after their initial posting in the Grade-A. Out of 97, 53 workmen(Gr.-B) were granted notional promotion in the post of Supervisor-B(T) w.e.f. 01.01.1973. Those workmen of Grade-B were uplifted in their career ladder on the basis of such antedated notional seniority.

f) Since grant of such notional seniority to the workmen, Grade-B entail supersession of the petitioner by his en masse juniors and its resultant deprivation of higher pay, the petitioner made a representation to the competent authority on 03.06.1993, which was forwarded to OFB on 30.04.1994.

g) The G.M. found reasonable force in the petitioner’s claim and consequently, vide Fact