Reserved (On 29.09.2025)

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH JABALPUR Dated : This the _09^th day of _December _ 2025 Hon’ble Mr. Justice Akhil Kumar Srivastava, Member (J)

Hon’ble Ms. Mallika Arya, Member (A)

Original Application No. 200/09 of 2017

1. Horilal Viswakarma S/o Late Banarsi Das, Date of Birth:

13.10.1963, Presently working as JWM (NT Stores), T.No.814311, Gun Carriage Factory, R/o H. No. 119, Type- IV, Abhyuday Nagar- II, G.C.F Estate, Jabalpur (M.P.) 48.2001

2. Virendra Kumar Gupta, S/o Shri Sadanand Gupta, Date of Birth

01.01.1964, Presently working as JWM (NT Stores), T.No.814312, Gun Carriage Factory, R/o Plot No. 3, Atul Parisar, Opp. Budholiya Hospital, Sanjeevni Nagar, Jabalpur (M.P.) 482001. …….Applicants By Adv: Shri Akash Choudhury V E R S U S

1. Union of India, Through Its Secretary, Ministry Of Defence, South Block New Delhi-110001.

2. Director General of Ordinance, Directorate of Ordnance, (Coordinatiion & Services) 10-A S. K. Bose Road, Kolkata -

700001.

3. The Chairman & Managing Director, Advance Weapons &

Equipment India Ltd, Ordnance Factory Kalpi Road, Kanpur, (U.P.)- 208009.

4. Senior General Manager, Gun Carriage Factory, Jabalpur (M.P.)

PIYU2025.1 SH 2.10 - 482001.

……..Respondents By Adv: Shri D.S. Baghel

O R D E R

By Ms. Mallika Arya, AM The applicants at the material time were holding the post of Mechanist. They were entitled to be promoted to the post of Charge-man Grade II (NT Store). The applicants appeared in the Limited Departmental Competitive Examination (LDCE) held in 1999 and got selected. Their names appeared in the selection list dated 09.08.2002 (Annexure A-1). The said selection was challenged by a person namely Shri H.L. Yadav by filing OA No. 730/2000. In pursuance to the interim order passed in OA No. 730/2000 the select list was kept in abeyance in respect of the LDCE held in 1999. Hence the applicants could not be promoted to the post of Charge- man Grade II in pursuance of the said select list. The applicants contested the matter in the Court and finally the same was dismissed vide order dated 06.08.2002. By the time OA No. 730/2000 was dismissed, the selection in terms of LDCE for the year 1999 should have been made effective by the respondents and their promotions should have been ante-dated. However, the applicants got promoted as Charge-man Grade II and pay fixation was given vide order dated 13.11.2002 (Annexure A-2).

PIYU2025.1 SH 2.10 2. In the meantime another LDCE took place in the year 2001.

An employee namely Shri Sanjay Kumar Yadav was declared successful. He was promoted vide order dated 23.02.2002 in pursuance to the LDCE held in 2001. However, the applicants got promoted on 09.08.2002 in pursuance to the LDCE held in 1999. When the seniority list was issued the applicants were shown junior to Shri Sanjay Kumar Yadav. The anomaly led to filing another OA No. 322/2004 by the applicants challenging the inter-se-seniority. The applicants have arrayed Shri Sanjay Kumar Yadav and Shri Charanlal Patel as private respondents. Since Shri Charanlal Patel was promoted w.e.f. 17.01.2001 under the Departmental Promotion Quota. His selection was made subsequent to the applicant’s selection. However Shri Charanlal Patel has been shown senior to the applicant. The OA No. 233/2004 was disposed vide order dated 25.03.2004 (Annexure A-4) with a specific direction to the respondents to consider and decide the representation of the applicant by passing a detailed, reasoned and a speaking order. A copy of the representation dated 13.09.2004 filed by the applicants is annexed as A-5. The respondents have passed a speaking order dated 01.07.2004 (Annexure A-6). The applicants were granted notional seniority to the post of Charge-man Grade II from the year of examination i.e. 1999. However, there was a stipulation that the notional fixation of seniority is purely for the seniority purposes. No PIYU2025.1 A +05'30' monetary benefits and other consequential benefits shall be granted to the