The court ruled that technical qualifications earned through approved modes must be recognized for promotions, overturning disqualification based on non-AICTE approved diplomas.

ORDER

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

1. The present Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief:

a. To declare the impugned order No.02/04/NG/DPC/ESTT/2023 dt: 13.11.2023 issued by the 4^th Respondent whereby declaring the applicants as not eligible for the post of Chargemen through LDCE and also denying the promotion of Junior Works Manager which was already declared vide Proceedings N.DJWM/DPC/Tech & Non- Tech/2023/GB dated 28.12.2022 as illegal, arbitrary, contrary to the orders of the Hon’ble Supreme Court and Gazette of India vide SRO No.66 of 2003 and

b. To set aside the impugned proceedings dated 13.11.2023 by directing the Respondents to proceed further in pursuance of the Proceedings No.DJWM/DPC/Tech & Non-Tech/2023/GB dated 28.12.2022 duly granting promotions to the Applicants for the posts of Junior Works Manager on par with other candidates with consequential benefits and pass such other and further order or orders as are deemed fit and proper by this Hon’ble Tribunal in the circumstances of the case.

2. The facts of the case, in a nutshell, as submitted by the applicants, are as follows:

i. The 1^st applicant was appointed in the 4^th Respondent factory on 22.01.1999 as a Moulder with qualification from the National Council for Training in Vocational Trades (NCTVT) in the Moulder trade. The 2^nd applicant was appointed on 06.04.1988 as a General Fitter with NAC certificate in the trade of Fitter. Likewise, the 3^rd applicant was appointed on 01.03.1999 as a Welder with qualification from the NCTVT in the Welder trade.

ii. The State Board of Technical Education and Training (SBTET) had issued a notification in the year 2007 for admission to Diploma Courses for working employees through Contact Cum Correspondence (CCC) mode. Applicant Nos. 1 & 2 requested the 4^th Respondent to grant NOC for pursuing the said Diploma courses. Applicant No.3 sought similar permission against the notification issued in the year 2008. On getting the NOC, the applicants forwarded their respective applications to the SBTET for pursuing the Diploma Course. SBTET conducted an entrance test and based on the rank/merit, Applicant Nos. 1 & 2 were admitted into Diploma in Mechanical Course in the year 2007 and Applicant No.3 in the year 2008. The applicants got admission in different Govt. Polytechnic Colleges and successfully completed their respective courses and received pass certificates from the SBTET, Andhra Pradesh. Their Diploma certificates were submitted to the department for making entry in their service records against the educational qualification.

iii. Based on the directives of the erstwhile Ordnance Factory Board, the 4^th Respondent issued notification in the years 2012 and 2014 to fill up the posts of Chargeman (CM) (T&NT) through LDCE. Since the applicants were possessing the requisite qualification of Technical Diploma, they applied in the years 2012 & 2015, respectively, and appeared for the LDCE and also passed the same. As per their merit, they were promoted to the post of Chargemen Technical (Mechanical). The 2^nd Respondent also published the modified final seniority list, dt.23.06.2022, of Chargemen wherein the applicants were shown at Sl.Nos.399, 437 & 1124, respectively.

iv. Based on the above seniority list, the 2^nd Respondent issued promotion orders promoting the applicants to the post of Junior Works Manager (Tech) (Gr.B-Gazetted), vide proceedings, dt.28.12.2022. But the 4^th Respondent, vide F.O.No.11, dt.05.01.2023, published Junior Works Manager promotion order, wh