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2023 Supreme(Online)(CAT) 3134
- Central Administrative Tribunal
- Principal Bench, New Delhi
- O.A. No. 2332/2021
- This the 01st day of December, 2023 Hon’ble Mr. R. N. Singh, Member (J)
Hon’ble Mr. Tarun Shridhar, Member (A)
1. Hari Raj Sangwan, Aged-35 Years, S/o Sh. Jugendra Singh, Working as Melter, in O.F. Muradnagar, R/o Vill. &
PO Kalanjari, Distt. Merrut(UP).
2. Sudhir Kumar Singhal, Aged- 40 years, S/o Late Sh. Sohan Lal, Working as Melter, in O.F. Muradnagar, R/o Murad Gram Pur puris, Muradnagar, Distt. Ghaziabad
(UP).
3. Amit Kumar, Aged-35 years, '' S/o Sh. Pradeep Kumar, Working as Melter, in O.F. Muradnagar, R/o Gali No.2, New Defence Colony, Behind Railway Quarters,
Muradnagar, Distt. Ghaziabad (UP).
4. Chandra Shekhar, Aged-42 years, C' S/o Sh. Charan Singh, Working as Melter, in O.F. Muradnagar, R/o New
Type-1, 39/472, O.F, Muradnagar, Distt. Ghaziabad (UP).
5. Jitendra Kumar, Aged-31 years, S/o Sh. Prkash Chandra Working as Melter, in O.F. Muradnagar, R/o
Type-I, DS-406, O.F, Muradnagar, Distt. Ghaziabad (UP).
6. Dhanush Veer, Aged- S/o Sh. Ishak Lal 40 years, Working as Melter, in O.F. Muradnagar, R/o New Type-I,
56/606, O.F.Estate, Muradnagar, Distt: Ghaziabad (UP).
7. Sumit Kumar, Aged-28 years, '' S/o Sh. Ramfal Singh Working as Melter, in O.F. Muradnagar, R/o Vill. & PO Mohiuddinpur, Near Rly.Station, Distt. Merrul (UP)-250205 8.Neeraj Pal, aged 34 years s/o Sh. Ishwer Chandra, Working as Melter, in O.F. Muradnagar, R/o Village Dheda,
PO Muradnagar, Distt. Ghaziabad (UP).
9. Deepak, Aged- 32 years, S/o Sh. Devendra Singh Working as Melter, in O.F. Muradnagar, R/o Vill.&PO
Laliyana, Tesh Khekra, Distt. Baghpat (UP).
10. Sunil Kumar, aged 40 years, ' S/o Sh. Ram Pal Working as Melter, in O.F. Muradnagar, R/o Vill. & PO Allipur Tesh.
Ballabgarh, Distt. Faridabad(Har).
11.Arun Singh, Aged- 32 years, S/o Sh. Bhulay Ram, Working as Melter, in O.F. Muradnagar, R/o 33Q/179/,
O.F.Estate, Muradnagar, Distt. Ghaziabad (UP).
12. Harish Kumar Meena, Aged- 41 years,
S/o Sh. Devi Singh : Working as Melter, in O.F. Muradnagar, R/o 337/338/A, Punjabi Mandir Wali Gali,
Near Menka Cinema, Meerut (UP).
13.Maninder Pal Singh, Aged-38 years, '' S/o Sh. Joginder Pal Singh, Working as Melter, in O.F. Muradnagar, R/o 58, Shivam Vihar, Asalat Nagar, Muradnagar, Distt. Ghaziabad
(UP).
14. Ravi, Aged-39 years, 'S/o Sh. Tara Singh, Working as Melter, in O.F. Muradnagar, R/ Type-II, IDS/11,
O.F.Estate, Muradnagar, Distt. Ghaziabad (UP).
15 Bhupainder Singh, Aged-38 years, S/o Sh. Mangal Singh Working as Melter, in O.F. Muradnagar, R/ RZB-21,
Indra Park, Uttam Nagar, New Delhi-110059
16.Sandeep Kumar, Aged- 37 years, S/o Sh. Jai Chand, Working as Melter, in O.F. Muradnagar, R/o 1/DS/157, Old Type-I, O.F.Estate, Muradnagar, Distt. Ghaziabad (UP). 17.Harender Kumar, Aged-34 years, S/o Sh. Rishipal Singh Working as Melter, in O.F. Muradnagar, R/o bangle Colony
Samoli Road, Daurala Meerut. (UP)250221 221
18.Vikash Kumar, Aged-34 years, S/o Sh. Rajveer Singh, Working as Melter, in O.F. Muradnagar, R/o NRC-411, Gali
No.-04, Adarsh Nagar, Khoda Colony, Ghaziabad (UP).
19. Anil Kumar, Aged-38 years, S/o Sh. Ramphal, Working as Melter, in O.F. Muradnagar, R/o Jawahar Nagar, Gali
No.3, 106B/27, Sonipat(Har).
20. Kishore Kumar, Aged-40 years, S/o Sh. Desh Raj Working as Melter, in O.F. Muradnagar, R/o 209, Gali No.03, New Defence Colony, Muradnagar, Distt. Ghaziabad
(UP).
21.Anil Kumar, Aged-40 years, S/o Sh. Bhagwan Das Working as Melter, in O.F. Muradnagar, R/o H.No.323, PO
Rarah, Tesh. Kumher, Distt. Bharatpur(Raj)
22.Vikash Chand Sharma, Aged- 36 years, S/o Sh.Mahesh Chand Sharma, Working as Melter, in O.F. Muradnagar, R/o New Type-II, H.No. 189, O.F.Estate, Muradnagar.
Distt. Ghaziabad (UP).
23.Sunil Kumar, Aged-40 years, S/o Late Sh. Desh Raj Singh, Working as Melter, in O.F. Muradnagar, R/o 31/Q/166, O.F.Estate, Muradnagar, Distt. Ghaziabad (UP). 24. Amit Kumar, Aged-38 years, S/o Sh. Devender Malik, Working as Melter, in O.F. Muradnagar, R/o New Type-I,
I/DS/471, O.F.Estate, Muradnagar, Distt. Ghaziabad (UP).
25. Sanju Kumar Meena, Aged- 34 years, S/o Sh. Ram Khilari Meena, Working as Melter, in O.F. Muradnagar, R/p Vill. Tanda, Post Sakoti, Tanda, Tesh. Sardhana, Distt.
Merrut (UP).
26.Arvind Kumar Sharma, Aged- 39 years, S/o Sh. Ashok Kumar Working as General Fitter, in O.F. Muradnagar, R/o H.No.18, Gali No.3, Face-1, Radhey Shyam Vihar Colony,
Muradnagar, Distt. Ghaziabad (UP).
- …Applicants
(By Advocate: Mr. Yogesh Sharma)
- Versus
1. Union of India, through the Secretary, Ministry of
Defence, Department of Defence Production & Supplies,
Govt. of India, South Block, New Delhi.
3. The General Manager, Ordnance Factory, Muradnagar,
Distt. Ghaziabad (U.P.)
- …Respondents
(By Advocate: Ms. Butul Khan for Mr. Hilal Haider)
- ORDER (ORAL)
- By Hon’ble Mr. Tarun Shridhar, Member (A):
- Aggrieved by an order dated 24.09.2021 vide which the benefit of a position of industrial employee (skill grade) has been withdrawn, the applicants have approached this
Tribunal in the instant OA seeking the following reliefs:
- “(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 24.9.2021 (Annex.A/1), order dated 24.11.2020 (Annex.A/2), show cause notices dt. 12.2.2021(Annex.A/3) (Colly) and order dt. 09.10.2021 (Annex.A/4) (Colly) declaring to the effect that same are totally illegal and arbitrary and consequently, pass an order directing the respondents to post and pay of the applicants with all consequential benefits including arrears of difference of pay and allowances.
- (ii) That the Hon'ble Tribunal may graciously be pleased to pass an order directing the respondents to place the applicants to the post of skilled trade on their transfer from parent factory to present factory, as the applicants were in skilled trade at the time of their transfer.
- (iii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”
2. Briefly taking us through the history and background of the case, Mr. Yogesh Sharma, learned counsel for the applicants informs that all the applicants got posted at Muradnagar on inter-factory transfer at their own request. In terms of the policy of inter-factory transfer of industrial employees initially notified on 29.11.2006, the entitlement of the applicants were duly protected and their status as skilled grade industrial employees was protected. Financial benefits, including pay and allowances applicable to the skilled grade employees were extended in their favour. The same continued over a period of time. However, abruptly, vide the impugned communication the same has been withdrawn and the limited relief given is that the pay already released in their favour shall not be recovered. However, as far as the future is concerned their pay and allowances are reduced to that of semi skilled grade. He submits that the reasons enumerated by the respondents in the notice issued to the applicants before resorting to this drastic step is that the clarification issued on 14.09.2018 with respect to the policy of 29.11.2006 was to be applied prospectively and not retrospectively. Since this is the sole reason adduced for issuing the impugned order it would be worthwhile to reproduce this communication verbatim:
- “A policy guidelines on inter factory transfer of Industrial Employees was circulated vide above referred letter which is still in force and is followed by all the Ordnance Factories. In the said guidelines, provision of transfer on reversion to lower grade is also prescribed.
- Of late. OFB has received some complaints from the individuals as well as Unions that some is have been transferred to sister factories on reversion to Semi-skilled grade. In this connection, it is clarified that the appointment in Semi-skilled Grade (Level-1 in the Pay Matrix) for Tradesman is made against the vacancy of Skilled Grade (Level-2 in the Pay Matrix) and Semi- skilled grade is the training period of the IFs appointed against Skilled grade (Tradesman). The said provision was intimated to all the Ordnance Factories in several correspondences viz. OFB Circular No. 590/OFBOL/A/I dared 24 12.2002, No. 800/MACP/A/I/551 dated 13.07.2011 and No. PER/I/ACP/MACP/2017 dated 07.06.2017. Also, no separate sanctioned strength is allotted to Tradesman/Semi-skilled grade. Hence transfer on reversion to Semi-skilled grade is totally inappropriate.
- In view of the above, it is directed that no Industrial Employee should be reverted to lower than Skilled Grade while considering the case of inter factory transfer on compassionate grounds in individual's own interest.”
3. Learned counsel for the applicants points out that this communication is a clarification to the pol
