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2022 Supreme(Jhk) 1123

SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Bharat Roy, son of Late Suraj Nath Roy – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Vijay Bahadur Singh, Advocate
For the Respondents:Mr. Anil Kumar Sinha, Mr. Arbind Kumar Sinha, Advocate

ORDER :

Shree Chandrashekhar, J.

WP(S) No. 5204 of 2011 was filed by Bharat Roy, Debjayoti Banerjee and Baban Ram. These persons were holding the post of Chargeman and Assistant Personnel (HR) under the Garden Reach Shipbuilders & Engineers Limited and fall under the unionized category.

2. WP(S) No.6846 of 2011 was filed by 16 persons who accepted the voluntary retirement with effect from 31st October 2009. They were working in various capacity such as Assistant, Fitter, Pipe Fitter, Clerk, Welder, Gas Cutter, Machinist, Store Keeper, Rigger etc. and they also fall under the unionized category.

3. Both the writ petitions were dismissed by an order dated 27th November, 2015 on the ground that the writ petitioners belong to a distinct class, different from Board-level officials, Executives and non-unionized Supervisors.

4. Against the order dated 27th November 2015 passed in WP(S) No. 5204 of 2011, the present Letters Patent Appeal has been filed by the persons who have now superannuated from service. The appellant Nos.1 & 3 have retired on 30th April 2010 and the appellant No.2 has superannuated with effect from 1st January, 2009. The appellants have challenged the office memorandum da

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