Kamal Kant Pandey & Ors. vs The Union Of India & Ors.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV

WRIT PETITION(S)No. 5746 OF 2005

Between:-

1.
KAMAL
KANT
PANDEY,
OF
MR.
D.P.PANDEY, AGED ABOUT 53 YEARS,
CHARGEMAN
GRADE-II
(T)
VEHICLE
FACTORY, JABALPUR, R/O H.NO. 3007,
SECTOR-I.

2.
S.N.
CHOURASIA,
SON
OF
MR.
K.L.
CHOURASIA, AGED ABOUT 55 YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

3.
T.M. PORTER, SON OF MR.C.J. PORTER,
AGED ABOUT 59 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

4.
J.P. SHARMA, SON OF MR.V.P. SHARMA,
AGED ABOUT 56 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

5.
B.P. JAISWAL, SON OF MR.M.L. JAISWAL,
AGED ABOUT 59 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

6.
S.P.
UPADHYAYA,
SON
OF
MR.BALMUKUND, AGED ABOUT 55 YEARS,

- 2 -
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

7.
ABDUL QUYAM, SON OF MR. ABDUL
SHAKOOR,
AGED
ABOUT
56
YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

8.
RAM KISHAN, SON OF MR.R.L. PATEL,
AGED ABOUT 59 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

9.
PURAN KUMAR, SON OF MR.S.K. GHOSH,
AGED ABOUT 56 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

10.
JAI RAM TIWARI, SON OF THE LATE
R.M.TIWARI, AGED ABOUT 56 YEARS,
CHARGEMAN
GR.II
(T),
VEHICLE
FACTORY, JABALPUR.

11
M.P.
SINGH,
S/O
SON
OF
MR.M.N.
SINGH,AGED
ABOUT
52
YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

12
I.G. GOSWAMY, SON OF MR.S.G. GOSWAMY,
AGED ABOUT 57 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

13.
B.N. ROY, SON OF MR.S.N. ROY, AGED
ABOUT
57
CHARGEMAN
GR.
II
(T),
VEHICLE FACTORY, JABALPUR.

14.
A.K. AWASTHI, SON OF THE LATE S.C.
AWASTHI,
AGED
ABOUT
57
YEARS,
CHARGEMAN
GR.
II
(T)
VEHICLE
FACTORY, JABALPUR.

15.
A.K. BOSS, SON OF MR.S.K. BOSH, AGED
ABOUT 56 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

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16.
BADRI SINGH, SON OF MR.B. SINGH, AGED
ABOUT 51 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

17.
D.D. RAY, SON OF MR.B.B.DAS ROY, AGED
ABOUT 56 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

18.
N.K. VISHWAKARMA, SON OF THE LATE
M.L. VISHWAKARMA, AGED ABOUT 50
YEARS, CHARGEMAN GR. II (T), VEHICLE
FACTORY, JABALPUR.

19.
B.K. MONDAL, SON OF MR.G.P. MANDAL,
AGED ABOUT 58 YEARS, CHARGEMAN
GR. II (T), VEHICLE FACTORY, JABALPUR.

20
P.
CHACKO,
SON
OF
MR.POPPY
KURUVILA, AGED ABOUT
57
YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

21
A.L.VISHWAKARMA,
SON
OF
MR.M.P.
VISHWAKARMA, AGED ABOUT 51 YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

22.
D.G. ROY CHOUDHARY, SON OF MR.S.H.
ROY
CHOUDHARY,
AGED
ABOUT
56
YEARS, CHARGEMAN GR. II (T), VEHICLE
FACTORY, JABALPUR.

23.
R.Y. TIWARI, SON OF THE LATE U.S.
TIWARI,
AGED
ABOUT
56
YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

24.
P.R.
MARTHANKAR,
SON
OF
MR.
S.R.MATHANKAR, AGED ABOUT 52 YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

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25.
S.S. BAJPAI, SON OF MR.D.P. BAJPAI, AGED
ABOUT 54 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

26.
J. CLEMENT, SON OF MR.N.D. JAMES,
AGED ABOUT 55 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY JABALPUR.

27.
ARUN DEOLE, SON OF MR.P.N. DEOLE,
AGED ABOUT 53 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

28.
H.R. ROY, SON OF MR.A.R.ROY,AGED
ABOUT 51 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

29.
R.N. PATEL, SON OF MR. R.D. PATEL, AGED
ABOUT 55 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

30.
M.S. KHAN, SON OF MR.M.D. KHAN, AGED
ABOUT 54 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

31.
R.K. GODBOLE, SON OF THE LATE HARI
GOVIND,
AGED
ABOUT
55
YEARS,
CHARGEMAN
GR.II
(T)
VEHICLE
FACTORY, JABALPUR.

32.
J.L. MONDAL, SON OF MR.S.P. MONDAL,
AGED ABOUT 55 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

33.
U.S. SHARMA, SON OF MR.R.D. SHARMA,
AGED ABOUT 58 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

34.
K.L. VYAS, SON OF MR.S.D. VYAS, AGED
ABOUT 56 YEARS, CHARGEMAN GR.II (T),
VEHICLE FACTORY, JABALPUR.

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35.
R.K. YADAV, SON OF THE LAE J.L. YADAV,
AGED ABOUT 55 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

36.
P.J. JOY, SON OF MR.P.C. JOHN, AGED
ABOUT 53 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

37.
N.S. ROY, SON OF MR.A.S. ROY, AGED
ABOUT 52 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

38.
SMT. KALAWATI AMLANI AGED ABOUT 60
YEARS WIDOW OF SHRI K.L.AMLANI R/O
82 DWARKA NAGAR JABALPUR (M.P.).

39.
S.S.
SHARMA,
SON
OF
MR.N.K.
SHARMA,AGED
ABOUT
52
YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

40.
KULDEEP SINGH, SON OF MR.G.B. SINGH,
AGED ABOUT 52 YEARS, CHARGEMAN GR.
I (T), VEHICLE FACTORY, JABALPUR.

41.
B.K. SINGH, SON OF MR. GAYA SINGH,
AGED ABOUT 53 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

42.
J.P. GUPTA, SON OF MR.S.D. GUPTA, AGED
ABOUT 58 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

43.
K.R. KURMI, SON OF MR.RAMJI PATEL,
AGED ABOUT 50 YEARS, CHARGEMAN GR.
II (T), VEHICLE FACTORY, JABALPUR.

44.
OMMEN
CHANDEY,
SON
OF
MR.C.
OMMEN,
AGED
ABOUT
52
YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

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45.
C.K. SENGUPTA, AGED ABOUT 56 YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

46.
S.K. ROY, SON OF MR.B.M. ROY, AGED
ABOUT 50 YEARS, CHARGEMAN GR. II (T),
VEHICLE FACTORY, JABALPUR.

47.
P.R.
DESHMUKH,
SON
OF
MR.K.R.
DESHMUKH, AGED ABOUT 53 YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

48.
S.L. PATEL, SON OF MR.C.L. PATEL, AGED
ABOUT 52 YEARS, CHARGEMAN GR. II
(T),VEHICLE FACTORY, JABALPUR.

49.
M.K.
SHIVAHARE,
SON
OF
MR.K.C.
SHIVAHARE, AGED ABOUT 53 YEARS,
CHARGEMAN
GR.
II
(T),
VEHICLE
FACTORY, JABALPUR.

.....PETITIONERS

(BY SHRI SANJAY KUMAR AGRAWAL - ADVOCATE)

AND

1.
THE UNION OF INDIA THROUGH THE
SECRETARY,
MINISTRY
OF
DEFENSE
PRODUCTION, NEW DELHI.

2.
CHAIRMAN THE BOARD OF ORDNANCE,
10, AUCHLAND ROAD, CALCUTTA.

3.
GENERAL MANAGER VEHICLE FACTORY,
JABALPUR.

....RESPONDENTS

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(BY MS. KANAK GAHARWAR - ADVOCATE)

----------------------------------------------------------------------------------

Reserved on

:
29.03.2022

Delivered on

:
19.04.2022

----------------------------------------------------------------------------------

Advocates:
,Harshit Patel,N.Acharya,Jk.Pillai[All]

The petitioners in the instant writ petition have sought for issuance

of a writ in the nature of Certiorari to quash order dated 20.04.2005 passed

in O.A.No.375-2004 by the Central Administrative Tribunal, Jabalpur

Bench (hereinafter referred to as “CAT”) with a further prayer to strike

down S.R.O.357 of 1979 while commanding the respondents to treat the

petitioners similar to the members of other trades by safeguarding their

present position along with their pay.

The case of the petitioners is that they were employed as Machinist

Grade-II and Grinders in Vehicle Factory, Jabalpur. All the petitioners,

although were appointed between 1972 and 1973 but at one point of time,

they congregated into a trade of Grinders, therefore, the grievance of the

petitioners is common. They submit that in the Ordnance Factories and

Ordnance Equipment Factories (Group “C” and Group “D”

Industrial Posts) Recruitment Rules, 1979 (hereinafter referred to as

the “SRO of 1979”) were applicable. There were three categories of

Grinder i.e. “C”, “B” and “A”. There was a special category “special

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Grade Grinder”. There were other trades like Miller, Turner and Fitter etc.

and the categories in those trades were “D”, “C”, “B” and “A”. According

to them, the Grinder “C” was equivalent to other trade category “D” .

Grinder “B” was equivalent to other categories “C”. Grinder “A” was

equal to “B” Grade and other trades and Grinder special was equivalent to

“A” Grade of other trades. All the petitioners were originally in “C” Grade

Grinders. In the year 1974-1975, they were made Grinder “B” Grade. In

nutshell, from 1974-1975, Grinder “B” Grade became equivalent to “C”

Grade of other trades. The petitioners stated that a person belonging to

trade of Miller in “A” Grade is entitled to be promoted as Supervisor “B”

Grade, whereas, his equivalent in the Grinder trade holding the designation

of Grinder, highly skilled Grade-II continued to remain without being

promoted to the post of Supervisor Grade “B”.

Petitioners stated that there was discrimination in classification of

the Grades. The respondents have created an artificial disparity by an

executive order between the Turner and other trades. The Grinders “A”

Grade claim the relief to the extent that they should be treated equivalent

to the employees of the other category having the chance of promotion as

Supervisor “B”. Similarly situated employees had filed petition before the

CAT at Calcutta as T.A.No.1361-1986 and T.A.No.1248-1986. The

Calcutta Bench of CAT vide judgment dated 30.10.1987 allowed the

Original Applications. The Factory Order Part-I dated 07.01.1983 and

Factory Order dated 03.01.1984 were struck down. Creation of new

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Grade/Posts of Grinders Special Highly skilled by Office order dated

25.1.1980 was also struck down. The respondents in that case challenged

the order passed by the CAT before the Hon’ble Supreme Court. The SLP

was dismissed.

The petitioners, who are belonging to Vehicle Factory, Jabalpur have

approached CAT Jabalpur in O.A.No.391-1989 and another O.A.No.421-

1989 filed by Grinders belonging to GCF, Jabalpur. On 31.08.1980, CAT

Jabalpur decided both the O.As granting similar reliefs as was granted by

the CAT at Calcutta to the petitioners therein. Concluding para of CAT

order dated 31.08.1990, it was held as under :-

“Hence we direct the respondents to 'grant similar reliefs

to the other Grinders who have filed this petition as

follows:-

(1)

Treating the Grinder 'A' as equivalent as Turner

'A' Fitter 'A', Borer 'A' and Miller 'A'.

(2)

The pay of Grinder 'A' shall be fixed in the pay

scale of H.S.Grade-II notionally w.e.f. 16.10.81 but

actually paid from 31.8.90 the date of this judgment.

(3)

Grinders 'A' who were in existence prior to

16.10.1981, the date when the Expert Classification

Committee report was implemented by the authorities

shall be considered for promotion to the cadre of

Supervisor 'B' but without awarding high

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