R SAKATHIVEL vs M/o Defence

1 OA 1530/2017
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH

OA/310/01530/2017

th
Dated, the 15 day of October, Two Thousand Twenty Six

CORAM :

HON’BLE MR.M.SWAMINATHAN, MEMBER (J)
&
HON’BLE MR.M.L.SRIVASTAVA, MEMBER (A)

1.R Sakthivel
2.K Moorthy
3.R Paul Suthakaran
4.S Devapiran
5.M Selvakumar
6.J Pravin Kumar
7.V Karuppasamy Raja
8.M Thirumani
9.A Mariappan
10.S Elango
11.T Aththidurai
12.M Siva Perumal
13.M Rathina Kumar
14.R Manikandan … Applicants


By Advocate .. M/s.Ayyar & Iyer

Vs.

Union of India
Rep by The General Manager,
Cordite Factory Aruvankadu - 643 202
The Nilgiris … Respondents



By Advocate .. Mr.M.Kishore Kumar SPC

2 OA 1530/2017
ORDER

(Pronounced by Hon'ble Mr.M.L.SRIVASTAVA, Member(A))

The applicants have filed the present OA under Section 19 of the
Administrative Tribunals Act, 1985, seeking the following relief:
“To call for all records pursuant to the impugned proceedings in Order
No. 34/LB/Sen/CFA dated 15.03.2017 issued by the Respondent to
the main applicant and also the impugned proceedings issued to the
other applicants and quash the same, amongst others being contrary
to mandatory/statutory instructions/orders on the subject,
unconstitutional and unjust and direct the Respondents to promote
the applicants herein holding ITI/NCVT certificates to the post of CPW
(SK) against the existing vacancy in the pay band of Rs.5200-20200
+ GP Rs 1900/- immediately on completion of two years of service as
CPW (SS) – since they have already qualified in the trade test with all
consequential and attendant benefits and thus render justice and this
Hon'ble Tribunal may further pass any such orders or directions that
may deem fit in the facts and circumstances of the case and thus
render justice.”


2. The brief facts of this case as stated by the applicants are as follows:
2.1 The applicants were appointed on different dates in the lower post of
Chemical Process Worker - Semi-Skilled (CPW-SS in short) carrying the pay
band of Rs 5200-22400+ GP Rs 1800/- for two years against the regular post
of Chemical Process Worker -Skilled (CPW-SK in short) carrying the pay band
of Rs 5200-22400+ GP Rs 1900/-. Twelve of the applicants were appointed
as CPW (SK) w.e.f 01.10.2014 and two of them were appointed as CPW (SK
w.e.f 29.12.2014. The grievance of the applicants is that contrary to the OFB
orders/instructions, the applicants were not placed/promoted in the CPW (SK)
post on completion of two years of service in CPW (SS), even after their
qualifying in the trade test despite clear availability of clear vacancies. The
Respondents have ignored OFB orders/instructions and as a rule of self-
imposed policy have clubbed the applicants and placed them to CPW (SK) post

3 OA 1530/2017
on quarterly basis wef 01.10.2014 which has deprived the applicants their
coveted right to seniority and connected monetary benefits. The OFB order
No.Per/1/TT/Policy dated 05.01.2015 is very clear that the posts of CPW (SK)
should be filled by placement/promotion on the date of occurences of the
vacancies. All the applicants were intially appointed in the Semi Skilled posts
for two years against the Skilled vacancies of CPW (SK) trade and as such the
vacancy occurred immediately on their completion of two years of service in
the Semi Skilled posts, the date on which the applicants became eligible for
movement in the CPW (SK) with benefits of seniority. This was denied to the
applicants and the representations made to the Respondents by the applicants
at least for notional seniority were not acceded to.
2.2 The applicants have raised the legal grounds that the respondents’
practice of misinterpreting the OFB orders dated 05.01.2015 and 23.05.2007
on movement to SK post from SS post is made on quarterly basis for regulating
the seniority-cum-merit, for self-serving reasons to avoid seniority disputes
citing local conditions, even after completion of two years in CPW (SS) post,
pertaining to the applicants is totally unsupported of rules/orders/instructions
of GoI, MoD and OFB. The said act of the respondents has led to disparity in
salary and seniority between the applicants and similarly situated colleagues.
The respondents’ action in not giving promotion to the applicants to the post
of CPW (SK) immediately on completion of two years service in CPW (SS) post
to the applicants qua extending the same w.e.f 05.01.2015 to the similarlly
situated colleagues working under the respondents’ factory defies logic and
offends doctrine of legitimate expectations and leads to discrimination. In
support of their contentions, the applicants have relied upon the deicison of

4 OA 1530/2017
the Hon’ble Supreme Court in Mehar Chand Polytechnic Vs.
Anu Lamba (2006) SCC 161 : 2006 SCC (L&S) 1580 , and in the case of
I.R.Coelho (dead) by L.Rs. V. State of Tamil Nadu, AIR 2007 SC 861 :
JT 2007 (2) SC 292 . Being aggrieved the applicants have filed the present
OA seeking the aforesaid relief.
3. After notice, the respondents have entered appearance through their
counsel and filed their reply statement refuting all the averments made in the
OA except those which are admitted on facts and also reiterating the
statements made by them in the impugned order.
3.1 The respondents submitted that the applicants' averments regarding
delay in promotion to Skilled grade, are not correct. As per SRO 185 of 1994
(with amended SRO 34 of 1997), for promotion from Semi-skilled to Skilled
grade, the provision laid down is 'Promotion from persons in the Semi-skilled
grade in pay scale of Rs. 800-15-1010-EB-20-1150 in the same trade with a
minimum regular service of 2 years for trades listed at Annexure 'A' and with
a minimum regular service of 3 years for trades listed at Annexure 'B' and on
passing the trade test. 'Therefore, as per SRO provisions, the two years of
service in Semi-skilled was the eligibility for initiating the process of promotion
of the incumbents subject to their passing of the requisite trade test. There
was no such provision that the incumbents should be promoted to the skilled
grade immediately on completion of two years of service in the Semi-skilled
grade as wrongly averred by the applicants' herein. In the case of the 1st
applicant, he was appointed to Semi-skilled grade w.e.f. 08.09.2012, and after
completing two years of service in the grade, he acquired the eligibility for
promotion as per SRO and he was promoted to Skilled grade w.e.f.

5 OA 1530/2017
01.10.2014, after passing the Trade Test vide Factory Order dated 30.09.2014
along with other incumbents who acquired the eligibility during the quarter i.e.
July to September 2014.
3.2 As far as O.F. Board instructions dated 05.01.2015, are concerned, it is
to submit that the new instructions for conducting advance trade test for filling
the anticipated vacancies during the financial year were issued in the year
2015. Whereas, the applicants herein were promoted to skilled grade in the
year 2014, following the Orders/ instructions in vogue during the relevant
time. There were no specific instructions to implement the instructions dt.
05.01.2015 with retrospective effort. Hence, the applicants' claim seeking
relief under the said instructions could not be acceded to.
3.3 The respondents further submitted that though the vacancies in the
higher level viz., Skilled grade were available, as per SRO provisions, the
incumbents would only become eligible for promotion on completion of two
years’ service in the Semi-skilled grade and they had to pass the requisite
Trade test before consideration of their case for promotion. As per the SRO
provisions, and as emphasised by Govt./OFB instructions issued from time to
time, particularly instructions dated 23.04.1997, 13.06.2000 and 23.05.2007,
the promotions were to be granted within three months after conducting the
Trade tests on quarterly basis. Hence, they prayed for dismissal of the OA.
4. Heard M/s. Ayyar & Iyer, learned counsel for the applicant and
Mr.M.Kishore Kumar, learned standing counsel for the respondents and
perused the material placed on record and scrutinized the whole conspectus
of the case.
5. The applicants in this OA were appointed on different dates in the lower

6 OA 1530/2017
post of Chemical Process Worker - Semi-Skilled (CPW-SS) carrying the pay
band of Rs 5200-22400+ GP Rs 1800/-. As per the OFB rules, after serving
continuously for two years as a Semi-Skilled worker, they are entitled for
upgradation/promotion in the Chemical Process Worker - Skilled (CPW-SK)
post subject to their qualifying the trade test and availability of clear vacancies.
The applicants are aggrieved by the action of the respondent authority in
appointing them as CPW (SK) in the Pay Band of Rs.5200-22400+ GP Rs
1900/- on 01.10.2014 ( 12 applicants ) and on 29.12.2014 (2 applicants),
however, as claimed by the applicants, they are entitled to be appointed as
CPW (SK) w.e.f the date on which they have completed two years of service
in CPW (SS) post (different dates for the individual applicants). In support of
their arguments, they have relied upon the decision of the Hon’ble Supreme
Court in the case of Mehar Chand Polytechnic Vs. Anu Lamba (2006)
SCC 161 : 2006 SCC (L&S) 1580 , and in the case of I.R.Coelho (dead) by
L.Rs. V. State of Tamil Nadu, AIR 2007 SC 861 : JT 2007 (2) SC 292.
Thus not granting them appointment w.e.f date on which they completed two
years of service in CPW (SS) post is violative of Article 14, 16 & 21 of the
Constitution of India and ex-facie arbitrary and doctrine of natural justice is
infracted.
6. Learned counsel for the applicant submitted that under Ministry of
Defence guidelines, Industrial Employees (IEs) are appointed to the Semi-
Skilled grade directly against vacancies in the Skilled Grade. The initial
assignment to the Semi-Skilled grade is treated as a probationary or training
period. Because it is a trainee period, completing 2 years acts as a statutory
completion of probation. After 05.01.2015, since the juniors were given

7 OA 1530/2017
confirmation exactly on completion of 2 years, denying the same to the
seniors, who completed their 2 years earlier before 05.01.2015 violates
Article 14 (Right to Equality) of the Constitution of India. The respondents
misinterpreted the OFB orders dated 05.01.2015 and 23.05.2007 that lead to
appointment of the applicants after the date when they completed two years
of service in CPW (SS) post. It is also mentioned that because of this practice,
there is serious disparity in salary and seniority between the applicants and
similarly situated colleagues.
7. It is seen that the Ordnance Factory Board, vide letter No.A/I/SRO/245
dated 24.12.2013 on the subject, “Trade Test in respect of Industrial
Employees“, has clarified that, “Periodicity/Frequency of Trade Test should be
Quarterly (January-April-July-October) after imparting 15 days training and
Trade test may be conducted for all categories of Industrial Employees from
Semi-skilled to HS-II, one month prior to the completion of the qualifying
service/residency/ probationary period after imparting the 15 days training as
mentioned above. Actual promotion/placement is however to be accorded after
completion of necessary qualifying service/residency period (satisfactory
completion of probationary period in respect of Semi-skilled IEs) and getting
necessary vigilance clearance“. Thus, instructions were there already in the
year 2013 itself for quarterly conduction of trade tests and allowing the IEs
before completion of the qualifying service/residency/probation period to
appear in the trade test to facilitate them for placement exactly after
completion of two years in the Semi-skilled category, unless they fail in the
trade test. Had that such trade tests were conducted quarterly, the applicants
would have completed the trade tests be fore completion of their qualifying

8 OA 1530/2017
service in the Semi-skilled category. Thus, the applicants cannot be faulted for
qualifying the trade test after completion of two years service in the Semi-
skilled category.
8. Further, in response to the applicants‘ representation for granting of
Skilled promotion with effect from the date of completion of two years of
service in Semi-Skilled Category, the respondents, vide communication dated
15.03.2017 has stated that, the respondent factory has granted promotion to
Semi-skilled to Skilled grade on quarterly basis only due to seniority problem
that arose among ex-apprentices. On request by Unions, such system was
implemented and the same was approved by the General Manager and that
practice had been adopted w.e.f 2012 till 2014.“ This statement made by the
respondents cannot pass legal scrutiny. When the OFB instructions dated
24.12.2013 clearly provide for earlier conduction of trade test in order to
facilitate the employees to get their upgradation to the Skilled category on
completion of two years of service in the Semi-skilled, the respondent factory
cannot on their own follow such practices which are detrimental to the
employees. In Para 2 of the communication dated 15.03.2017, the
respondents have stated that, “As directed by OF Board vide letter
No.Per/I/TT/Policy dated 05.01.2015, the skilled promotions were granted on
next day after completion of 2 years of regular service from semi skilled grade
w.e.f 05.01.2015 “. As rightly contended by the applicant allowing the benefit
of upgradation to the Skilled grade to the junior employees w.e.f the next day
after completion of 2 years of regular service in Semi-skilled grade as per
OFB’s instructions dated 05.01.2015, while depriving the same to the
employees those who completed two years service before 05.01.2015

9 OA 1530/2017
amounts to discrimination and violates Article 14 (Right to Equality) of the
Constitution of India.
9. Thus, we are of the considered view that the applicants have made out
a case for grant of relief. T he impugned proceedings in Order No.
34/LB/Sen/CFA dated 15.03.2017 issued by the Respondent to the main
applicant and also the impugned proceedings issued to the other applicants
are hereby quashed and set aside. The Respondents are directed to promote
the applicants holding ITI/NCVT certificates and who cleared the trade test on
first opportunity to the post of CPW (SK) against the existing vacancy in the
pay band of Rs.5200-20200 + G P Rs 1900/- immediately on completion of
two years of service as CPW (SS) with all consequential and attendant benefits.
The said exercise shall be completed within a period of three months from the
date of receipt of a certified copy of this order.
10. With the above directions, the OA is allowed. No costs.


(M.L.SRIVASTAVA) (M.SWAMINATHAN)
MEMBER(A) MEMBER (J)

MT 15.10.2026
Digitally signed by THANGAM
M
Date: 2026.11.02 12:49:32
+05'30'
THANGAM M