R S GUPTA vs M/o Defence
- Court
- Central Administrative Tribunal
OA No. 131 of 2012
(Reserved on 25.08.2026)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD .
st
Allahabad, this the 31 day of August, 2026
Original Application No. 131 of 2012
Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)
Hon’ble Mr. Mohan Pyare, Member (Administrative)
1. R.S. Gupta S/o Late R.A. Gupta, Ex. O.S.-6956988 R/o: 39/2 Site No.1,
Kidwai Nagar, Kanpur – 208011.
2. R.S. Singh S/o Late Maharaj Singh Ex. Assistant - 6955477 R/o: 131/2
Babupurwa Colony, Kanpur.
3. B.K. Mishra S/o Late Mangal Mishra, Ex. U.D.C.-6963731, R/o: 41/4,
Babupurwa Colony, Kanpur.
4. R. A. Verma S/o Late Ram Pyare Verma, Ex O.S.-7762158 R/o: Plot No.2,
Sidharth Nagar, Ram Puram, Kanpur.
5. O. N. Mishra S/o Late B.N. Mishra, Ex OOC (A)-6953701, R/o: Site No. 1,
Kidwai Nagar, Kanpur.
6. Deepak Deshpandey S/o Late V.K. Deshpandey, Ex Asstt. - NYA
R/o:17/4, Vishnupuri Colony, Nawab Ganj, Kanpur.
7. Ram Chandra S/o Late Sri Ram, Ex O.S. - NYA, R/o: 133/673,
Nayapurwa, Kidwai Nagar, Kanpur.
8. V.N. Singh S/o Late Saudagar Singh, 8. Ex. Asstt.6959683 R/o: 288/11,
Babupurwa Colony, Kanpur.
9. Arjun Prasad S/o Late Satya Narain Trivedi, Ex. Asstt.6957083 R/o: 384,
W-2, Basant Vihar, Naubasta, Kanpur.
10. Smt. Nirmala Trivedi w/o Late S.K. Trivedi, Ex U.D.C.-6964053 R/o: 31/4,
Site No. 2, Kidwai Nagar, Kanpur.
11. C.D. Shukla S/o Late Basudeo Shukla, Ex Asstt.-6956159 R/o: C.O.D.
Colony, Koyla Nagar Kanpur.
12. Ramji Yadav S/o Late R.G. Yadav, Ex U.D.C.-6961507 R/o: 86/5,
Babupurwa Colony, Kanpur.
13. A.L. Gupta S/o Late Rameshwar Ram, Ex Asstt.6955687 R/o: House No.
139/5, Babupurwa Colony, Kanpur.
14. Sant Lal S/o Late Kalpu, Ex Asstt. R/o: House No. 388 W Block, Keshav
Nagar, Kanpur.
15. R. N. Tripathi S/o Late Raja Ram Tripathi, Ex Asstt.-6955727 R/o: 456. Y
Block, Kidwai Nagar, Kanpur.
16. L. K. Tripathi S/o Late Shiv Mohan Tripathi, Ex Asstt.6955698 R/o: House
No. 155 D Block, Shyam Nagar, Kanpur.
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
17. S. N. Mishra S/o Late Sukh Raj Mishra, Ex O.S.-6955509 R/o: 125/3,
Babupurwa Colony, Kanpur.
18. P.C. Saxena S/o Late G.P. Saxena, Ex O.S-.6955745 R/o: 51/8, Vijay
Nagar Colony, Kanpur.
19. S.N. Tiwari S/o Late V.P. Tiwari, Ex O.S.-6955475 R/o: 454/2, Shashtri
Nagar Colony, Kanpur.
20. K. K. Diwvedi S/o Late Gurdayal Dwivedi, Ex Asstt.-6955685 R/o: 289/11,
Babupurwa Colony, Kanpur.
21. R.N. Srivastava, S/o Late Rajendra Nath Srivastava, Ex O.S.-6955702
R/o: 60, D Kidwai Nagar, Kanpur.
22. V.S. Sinha S/o Late Ram Kishore Lal, Ex Asstt.6956285 R/o: 27/2,
Babupurwa Colony, Kanpur.
23. R.P. Nigam, S/o Late Janki Prasad Nigam, Ex Asstt.6955714 R/o: 337/3,
Babupurwa Colony, Kanpur.r
24. K.N. Mishra S/o Late Kedar Nath Mishra, Ex Asstt.-6955479 R/o: 114/1,
Babupurwa Colony, Kanpur.
25. R.C. Srivastava S/o Late Badri Prasad Srivastavfa, Ex O.S.-6955689
R/o: K-163-A, Yasoda Nagar Karampur, Kanpur.
26. B. Prasad S/o Late Sadguru Prasad, Ex Asstt.6957187 R/o: 109/105,
Nehru Nagar, Kanpur.
27. Mohan Prasad S/o Late Ram Jiwan Prasad, Ex Asstt.6954003 R/o:
302/5, Babupurwa Colony, Kanpur.
28. S.P. Shukla S/o Late Shyam Bihar Shukla, Ex Asstt.6955550 R/o:
74/113, Dhankutti, Kanpur.
29. K.K. Mishra S/o Late K.K. Mishra, Ex Asstt.6955470 R/o: 613 C, Shyam
Nagar, Kanpur.
30. H.N. Tiwari S/o Late Shyam NarainTiwari, Ex Asstt.- 6955542 R/o: House
No. 18/35, The Mall, Kanpur.
31. J.P. Kotnala S/o Late Kula Nand, Ex OOC (A)-6955699 R/o: 28/02
Babupurwa Colony, Kanpur.
32. R.T. Sharma S/o Late Data Ram, Ex Asstt.-6955464 R/o: 311/3,
Babupurwa Colony, Kanpur.
33. Chandrika Mahat S/o Late Munni Lal, Ex O.S.-6958166 R/o: 267/9, NLC
Babupurwa, Kanpur.
34. Prem Narain S/o Late Bhawani Bheekh, Ex Asstt.6955461 R/o: House
No. 308A, Hardeo Nagar, Barra, Kanpur,
35. P.P. Singh S/o Late Mehar Singh, Ex Asstt.-6955701 R/o: House No.
21/8, Govind Nagar, Kanpur.
36. S.S. Lal Sachan S/o Late S.P. Sachan, Ex O.S.-6955675 R/o: House No.
396, C Block, Shyam Nagar, Kanpur.
37. S.D. Shukla S/o Swaroop Narain Shukla, Ex OOC(A)-6955697 R/o:
1241, Ratan Lal Nagar, Kanpur.
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
38. R.C. Jaiswal S/o Late Mool Chand Jaiswal, Ex Asstt.6955700 R/o: 60/6,
Dal Mandi, Kanpur.
39. J.R.D. Khatri S/o Late Parash Ram Khatri, Ex Asstt.6955476 R/o: 124/11,
Block No. 11, Govind Nagar, Kanpur.
40. R.C. Jaiswal S/o Late Shiv Narain Jaiswal, Ex O.S.-6957179 R/o: 51/15,
Ram Ganj, Naya Ganj, Kanpur.
41. B.K. Katiyar S/o Late Chhedi Lal Katiyar, Ex O.S.6955674 R/o: 127/362,
Saket Nagar, Kanpur.
42. R.P. Yadav S/o Late Ram Niwas Yadav, Ex Asstt.-6955707 R/o: House
No. 128/3/7B, Yasoda Nagar, Kanpur.
43. R.M. Shukla S/o Late Ram Bihari Shukla, Ex Asstt.6955557 R/o: House
No. 128/3/38J, Yasoda Nagar, Kanpur.
44. Kashi Prasad Srivastava S/o Late Kamta Prasad Srivastava, Ex Asstt.-
6956024 R/o: Sarvoday Nagar, Allahabad.
45. S.S. Sharma S/o Late R.P. Sharma, Ex Asstt.-6956511 R/o: House No.
988/647, Daraganj, Allahabad.
46. P.N. Misra S/o Late J.N. Mishra, Ex O.S.-6956504 R/o: House No. 22/24,
Ganga Ganj, Allahabad.
47. Krishna Kumar Sharma S/o Shri T.N. Sharma, Ex Asstt.-6956498 R/o:
617 Daraganj, Allahabad.
48. Arun Rangnath Poranik S/o Late R.N. Poranik, Ex. Asstt.-6956026 R/o:
825 Daraganj, Allahabad.
49. Ramesh Chandra Gupta S/o Late Raja Ram Gupta, Ex O.S.-6956683
Retd. from O.D., Allahabad R/o:
50. V.N. Mishra S/o Late S.P. Mishra, Ex Asstt. 6955964 R/o: 268/20-B/1
Shobatiya Bag, Allahabad.
51. Jeewan Nath Gupta S/o Kedar Nath Gupta Ex Asstt.-6956069 R/o:
194/162 Mori Darganj, Allahabad.
52. Pramod Chandra Gaur S/o Late L.S. Gaur Ex. Asstt.-6956099 R/o B4/12
Mint House Colony, Nadesar, Varanasi-221002.
53. Kewla Prasad S/o Late Massur Ex. O.S.6956524 R/o Chak Daud Nagar,
Naini, Alld.
54. Sabir Hussain S/o Azhar Hussain, Ex. Asstt.-6956148 R/o V. & P.O.
Suewar, Distt. Deoria.
55. Musafir Prasad S/o Late Dev Nandan Chauhan Ex. O.S.-6956166 R/o
114/9 Jawahar Nagar, Quazipur Road, Naini, Allahabad.
56. Ram Chandra S/o Antu Lal Ex. O.S.-6956535 R/o Pushpanjli Nagar,
Bhawapur, Alld.
57. Dev Kumar Goswami S/o Late Biswanath Goswami, Ex. O.S. -R/o
740/134 A/1, Beniganj, Alld.
Applicant
....
By Advocate: Ms. Saumya Mandhyan
Shri Ashish Srivastava
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
Versus
1. Union of India through Secretary, Ministry of Defence, North Block,
New Delhi.
2. Chief of the Army Staff, Army HQ, DHQ, New Delhi-110 011.
3. Director General of Ordnance Services, Master General of
Ordnance Branch Army HQ, DHQ, New Delhi - 110 011.
4. Army Ordnance Corps (Records), Trimulgherry Post,
Secunderabad.
Respondents
....
By Advocate: Shri Raghvendra Pratap Singh
O R D E R
By Hon’ble Mr. Mohan Pyare, Member (Administrative):
Ms. Saumya Mandhyan, learned counsel for the applicant and Shri
Raghvendra Pratap Singh, learned counsel for the official respondents are
present.
2. By means of this OA, the applicants have sought the following reliefs :
“(i) To issue a writ, order or direction in the nature of certiorari quashing the
order dated 23.09.2011 passed by Under Secretary to the Government of
India and the order dated 15.07.2004 (Annexure-A-1 & A-2).
(ii) To issue a writ, order or direction in the nature of mandamus commanding
the respondents not to give effect the orders dated 23.09.2011 and
15.07.2004.
(iii) To issue such other and further order or direction which this Hon'ble
Tribunal may deem fit and proper in the nature and circumstances of the
present case.
(iv) Award cost of the petition to the applicants.”
3. The brief facts of the case are that the applicants are retired
employee of A.O.C. working in clerical cadre. The clerical cadre is larger
than store keeping cadre. There are issues in both the cadre so a committee
under Brig. Gautam Mitra was convened by an order dated 15.12.1988 of
Ministry of Defence to look into the issues faced by employees in both the
cadre. The recommendations of the Brig. Gautam Mitra committee was
implemented for the Store Keeping cadre but was not implemented for the
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
clerical cadre. There was another review of the store keeping cadre of
A.O.C. by an order dated 29.04.2004. As a result, employees working in the
store keeping side got better avenues of promotion. Aggrieved by the above
act of the respondents, the All India A.O.C. Clerk Association, Branch COD,
Kanpur submitted a representation dated 28.08.2004 to Secretary Defence.
In SRO No.44 and SRO No.93, there is condition of 08 years service of UDC
for promotion to the post of Assistant whereas in the store keeping side there
is no such condition. The representation of the applicants was not looked
into and employees of the clerical side filed an OA No.1042 of 2005, which
was decided by an order dated 27.03.2007 with a direction to respondents to
take a decision with regard to the grievances of the applicants in their
representation dated 22.12.2004. When direction of this Tribunal was not
complied with, the applicants filed a contempt petition No.129 of 2007. The
aforesaid contempt petition was closed and notices were discharged after
disposal of the representation of applicants. Finally cadre review of the
clerical side was taken by an order dated 23.09.2011. Many of the persons
who retired prior to that date have not got any benefit. The Brig. Gautam
Mitra report was implemented in 1996 for store keeping side whereas the
same was implemented from 23.09.2011 for the clerical side. The cadre
review has taken place for store keeping side staff twice, first in 1996 and
another in 2004 but no such cadre review has taken place for the clerical
side and after the order of this Tribunal, the same was taken for the clerical
side on 23.09.2011.
4. Learned counsel for the applicant further submitted that the impugned
order is illegal and arbitrary and liable to be set aside as there is glaring
disparity between store keeping side as well as clerical side although the
cadre of clerical side is much bigger than the store keeping side. Brig.
Gautam Mitra report suggested a revised ratio of 43:35:15:7 making only 04
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
amalgamated grades i.e. Material Assistant Gr.II, equivalent to SK/LDC,
Material Assistant Gr.I equivalent to SSK/UDC, Material Superintendent
equivalent to Assistant/SS and Sr. Material Superintendent equivalent to
OS/SSS. The contention of the respondents that Brig. Gautam Mitra report
was not implemented is wrong rather it was implemented for the store
keeping side denying its benefits to clerical side. On the basis of above
consideration, learned counsel for the applicants requested to allow this OA.
5. The respondents have refuted the claim of the applicant by filing a
detailed counter affidavit and have submitted that cadre review exercise is
taken up on time to time, to increase the career opportunities/promotional
prospects and saving to the exchequer by optimizing manpower to offset the
increased expenditure. As a policy, there should be minimum 05 years of
gap between two cadre review. The cadre review for clerical side was
finalised in 1996 and for store keeping side, it was finalised in 1997. The
second cadre review for store keeping side was undertaken in the year 2004.
For the clerical side, the cadre review was undertaken but it was issued on
23.09.2011. By dint of this cadre review promotional avenues for both sides
have been increased. The combined strength of Assistant and Office
Superintendents has gone up to 30.5% against the previously available
strength of 14%. The above ratio has been fixed on the basis of existing
policy decision and not as per Brig. Gautam Mitra committee report. The ratio
was suggested by Ministry of Defence and the clerical staff Associations in
AOC had agreed for the same in respect of their cadre review.
6. The clerical cadre and store keeping cadre are two different cadres in
AOC and no parity can be drawn between the two cadres except that their
pay scales are identical. The duties of store keeping staff are entirely
different from the clerical staff.
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OA No. 131 of 2012
7. Brig. Gautam Mitra committee was constituted as per in-house
academic study for submitting suggestions with regard to all cadres in AOC.
It was not constituted by Ministry of Defence. The ratio of various posts are
implemented on the basis of comprehensive cadre review exercise
undertaken by Army Headquarter from time to time. The first cadre review
for store keeping staff, which was finalised on 16.06.1997 was not on the
basis of Brig. Gautam Mitra committee report. In OA NO.1042 of 2005, this
Tribunal had directed to finalise the case within 04 months. A contempt
petition No.129 of 2007 was also filed by the applicants and direction issued
by this Tribunal was implemented by an order dated 23.09.2011, which is
correct and without any discrimination.
8. This is the regular Administrative exercise to provide management
training to the employees to keep their skill updated. The cadre review is
implemented from the date when it was ordered and it cannot be
retrospective. The applicants have failed to put any cogent reason in support
of their claim. The action taken by the respondents are in accordance with
the policy of the Government and based on extent rules and regulation. On
the basis of above submission, learned counsel for the respondents has
submitted to dismiss the OA as devoid of merit.
9. Learned counsel for the applicant has filed rejoinder affidavit
reiterating almost similar facts and added that Brig. Gautam Mitra
Commission was required to go into merger of both clerical and store
keeping cadre and to revise the ratio and percentage of staff to increase
promotional avenue. Brig. Gautam Mitra Committee report suggested
assimilation of both the cadre but it was not acted upon and cadre review
store keeping side was taken up leaving the cadre review of the clerical side
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
to be done on 23.09.2011 that to after a legal battle. On the basis of above
consideration, they are requested to allow this OA.
10. We have heard the rival submissions and written submission filed by
the respondents and verified the document available on record.
11. Learned counsel for the applicant has submitted a report cheered by
Brig. Gautam Mitra. It is expedient to reproduce the entire report, which is as
under :-
Introduction
1. In view of 4th Pay Commission Recommendations and Ministry of Defence
Note No 13/3/88 (D-11) dated 15 Dec 88, the Cadre Review was required to be
carried out by all Cadre Controlling authorities. Accordingly, Army
Headquarters vide their letter No 69294/QS-20 dated 22 Dec 1988 constituted a
Cadre Review Committee to carry out the review of Groups B, C & D. Cadres
in the Army Ordnance Corps. The Committee adopted the terms of reference
as contained in Government of India, Department of Pers & Trg Office
Memorandum No 2/1/87-88 dated 23 Nov 87, at Appx 'A' att.
2. To ensure that comprehensive Cadre Review is carried out, the committee
invited representations from various associations, who submitted their
memorandum to the Committee wherein they specified their
grievances/requirements. The same were studied in depth by the Committee.
Simultaneously storekeeping, Clerical Technical Pore and Highly skilled
workers Association and representative of fedration orally submitted their
views.
3. The Committee also studied old files containing correspondence and
recommendations of various committees in respect of various cadres.
4. After studying the problems of all the three Groups B, C, & D enfolding 135
categories and covering 64,000 personnel the committee submits this report
for Cadre review of the staff in AOC.
Part I
1. Army Ordnance Corps is the largest materials management organisation
entrusted with the responsibility of provisioning, procurement, inspection,
transportation, receipt, preservation, repair, packing, accounting and issue of
equipments and stores of innumerable magnitude with a view, to meet the
requirements of the Army and Para Military Forces.
2. To ensure smooth functioning of the Corps the major staff composition is
as under 1-
(a) Storekeeping Cadre : The storekeeping staff including Group B Gazetted
Officers consists of store-keepers (SK), Senior Storekeepers (SSK), Store
Supdt (SS), Senior Store Supdt (SSS) and Ordnance Officer Civilian (Stores).
The total strength of storekeeping staff is 4682. The existing ratio is SK(50%)
SSK (35%): SS(10.5%): SSS (4.5%). Against total authorisation of 4682
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
Storekeeping staff they have got 132 posts of Ordnance Officer Civilian
(Stores).
(b) Clerical Cadre : The Clerical cadre including Group B Gazetted officers
comprises of Lower Division Clerks (LDC), Upper Division Clerks (UDC),
Office Supdt Grade II(OS Grade II), Office Supdt Grade (OS Grade I) and
Ordnance Officer Civilian (Adm). The total strength of clerical staff is 6400.
The existing ratio is LDC 55.2%: UDC 36.8% 05 Grade II 64% : OS Grade 1
1.6%. This cadre comprises of 6400 personnel and is authorised 49 Ordnance
Officer Civilian (Adm).
Working Environment in the Army Ordnance Corpo
The responsibility of the Army Ordnance Corps, which is vital in the interest
of operational efficiency of the Army, is discharged through various ordnance
installations which are manned primarily by the civilians. Functionally, the
entire gambit of ordnance depot working can be grouped in three specialised
compartments which over the years have assumed the nature of super
speciality.
These are as follows 1-
Elements Manned by
(a) Personnel Management function Clerical Cadre
Storekeeping Staff
(b) Warehouse Management 1.e. jobs connected with
physical holding of stock and
its movements and maintenance
(c) Stock control, Forecasting and
inventory control functions Exclusively by clerical cadre
4. Over the years, the aspects concerning improvement of career prospects
and other related issues have been represented to the Ministry and Army
Headquarters by clerical and storekeeping associations independently. The
various associations have in the past projected the point of view from their
own interest with complete disregard to functional realities. A situation has
therefore been created wherein the storekeeping staff have considerably
improved their promotion prospects leaving the clerical cadre way behind.
This situation is detrimental to morale and efficiency of clerical staff of
various Ordnance establishments.
The compartmentalised approach hitherto followed notwithstanding the fact
that various committees had repeatedly brought out the anomalies, have lead
to the problems discussed in the subsequent paragraphs
6. Disproportance promotion prospects in store keening/clerical Cadre
Strength OOC Auth Percentage
Clerical Cadre 6400 49 .8%
Storekeeping 4682 132 2.9%
Cadre
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OA No. 131 of 2012
7. The above anomaly is, further aggravated by the fact that though 83% of
clerical staff is engaged in technical work as Office Superintendents, Upper
Division Clerks and Lower Division Clerks under the Executive Branch in the
offices of Control, Provision, Report Accounts, PC&P, SMO, Traffic and Sub
Depots, yet when they become eligible for promotion to the rank of OOC they
are promoted and employed only in the Administrative Branch. This is not
only unfair to the personnel but constitutes an organisational loss. The job
expertise acquired by these personnel over the years is lost by the
organisation and a serious functional imbalance is precipitated. Besides this,
a newly promoted COCiv from storekeeping cadre when posted in the Control
Branch will become junior to evenan Office Supdt working there. This is most
undesirable and leads to the frequent frictions.
8. Both the categories although working hand-in-gloves have different
promotion prospects even within their respective cadres as seen from the
following 1-
Category Clerical Time for promotion Category Storekeeping The for
Staff Promotion
LDC-DC 11years SK-SSK 08 years
UDC-Office 09 years SSK- SSC 03 years
Supdt. Grade 05 years
Office Supdt.
Recommendations of Earlier Committee.
9. In order to restore parity and improve the career prospects is of the clerical
cadre, various committees under the Ministry of Defence and Army
Headquarter have deliberated in the past on this issue and arrived at a
unanimous conclusion that there is a case for not only creation of more posts
at the officer level for AOC clerks, but also for re-allocation of the gazetted
posts between the AOC clerical and storekeeping cadre. Brief/relevant
extracts from the reports of these committees are reproduced below :-
Shri Vinaya Vyas, JS(O) Committee 1977
10. "6,3 One of the main grievances of the clerical Association is that most of
the available Gazetted posts have been allotted to the storekeeping cadre,
though by virtue of job experience and qualifications the officers promoted
from the clerical cadre are more suited to fill the posts in sections like
Provisioning, Statistics and Methods. The Associations Control, Accounts,
have pointed out that only 42 gazetted posts have been allocated although
their cadre strength is over 7000. In contrast, 165 gazetted posts are available
to store-keeping cadre as against their total authorised strength of 4262. The
Associations are of the view that this anomaly is a result of an ad-hoc
decision taken in the distant past and not based on any scientific study. They
have also drawn attention to the recommendations of the Kaickar Committee
which had made recommendations on the allocation of posts in the gazetted
appointments but which were shelved on the basis of discussions held in the
Departmental JCM Council Meeting."
11. The Committee is of the view that the mere fact that the recommendations
of the Kaickarı Committee were shelved as a result of discussions in the
Departmental Council nearly 7 1/2 years ago, is no reason why the demand, of
the Clerical Association for re-allocation of the gazetted posts in the above
mentioned Branches/Sections which are overwhelmingly manned by Clerks
should not be re-examined."
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OA No. 131 of 2012
12. "6.5 The Committee is of the view that in many sections like Provisioning,
Control, Accounts, Statistics and Methods etc., which are overwhelmingly
manned by clerical cadre, there is a genuine case for re-allocation of gazetted
posts between the clerical cadre and the storekeeping cadre with reference to
their respective strength and suitability for holding such posts."
13. "6.6 Alternatively, there can be a common cadre of Gazetted
appointments which should be tenable by officers from both clerical and
storekeeping cadres.
" Brig VHM Prasad Committee Report 1982
14. "6.4 The impact of deferential promotional prospects that exists today by
which the clerical personnel are at a comparative disadvantage is well known.
It is, therefore felt that certain deliberate steps would necessarily have to be
taken to improve the promotional prospects of the clerical cadre.
15. "6.6 There is a need to rationalise the existing promotional avenues open,
in respect of storekeeping and clerical cadre in the Army Ordnance Corps."
Dr. G Sundaram JS (0) Committee Report -1982
16. "6 The Committee has noted that for a cadre strength of nearly 7000 there
are presently only 41 posts of OC Civilian (Adm) and 2 posts of CSO (Adm).
This is grossly inadequate from the career point of view of the AOC Clerks
and therefore, more posts at the officers level need to be created.
Functionally, too, there is justification for the creation of additional posts of
00 Civilian (Adm)/CSO(Adm) in the Ordnance depots due to the increased
increasing workload and complexity of the work being done at these depots.
Recommendations of the Committee (Big Gautam Mitha Committee
17. On perusal of the above it will be appreciated that an anomalous situation
has been precipitated in the AOC where in the storekeeping cadre has
enhanced promotional prospects in comparison to the clerical cadre though
the strength of the former is almost 2/3rd of the latter. This is to the extent that
in the storekeeping cadre there exists promotion prospects to the extent of
132 officers and in the clerical cadre to the extent of 49 officers only.
18. To compound the problem further, on analysis of the functional aspects
of an Ordnance logistical installation, it is seen that 88% of the personnel of
the clerical cadre are employed in duties related to material management and
are performing tasks of highly complex and of technical nature. On the other
hand these so called clerks on promotion to the rank of officers are required
to perform administrative duties only as OOCivilian(A) and are employed in
offices relating to personnel management functions. This causes not only
loss of experienced and trained man power but also friction between the two
cadres concerned as they are required to interact frequently in day to day
functioning.
As the promotional prospect of the storekeeping cadre is much faster the
situation where as SSS on promotion to the rank of OOCivilian (Stores) is
seem to be junior in service to an office Superintendent of the clerical cadre
has also arisen thus precipitating disruption in homogenous function of the
installation concerned.
20. To be able to overcome the above anomalies and bring about a cordial
and homogenous working environment In an Ordnance logistical
Organisation the following suggestions are recommended.
a) A new cadre of the Materials Assistants should be created amalgamating
both the SK-and-Clerical cadres. It should comprise of 4 grades comparable
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OA No. 131 of 2012
to the existing grades prevalent in the store keeping staff/Clerical staff as
given in the table below :-
Proposed Existing SKs Existing Clerical
Cadre
Materials, Asst grade II - SK LDC
Materials Astt grade - SSK UDC
Materials Supdt. -SS OS Grade -II
Senior Materials Supdt. - SSS OS Grade -I
b) The entry level for material astt. would be at SK/LDC level and the minimum
educational qualification should be graduation with proficiency in typing.
Keeping in view the technicality of the job concerned it is recommended that
inter-so-ratio of Mutorials Assistant grade II : Materials Assistant grade I:
Material Supdt! Senior Materials Supdt should be 45 : 35 : 15 :7 in each case.
c ) Pending amalgamation of two cadres, review of either categories should
not be taken in isolation to avoid disparity in promotion prospects and
consequential resentment since there is constant interaction between clerical
and storekeeping staff in performance of day today duties.
(d) Hence it follows, therefore, that the ratio of promo.ion bo made uniform
based on ratio accepted for storekeeping staff by the Army Headquarters and
the Storekeeping association, as follows :-
(a) SK LDC 43% - LDC 43%
(b) SSK -UDC 35%
(c) SS -OS Grade II 15%
(d) SSS Grade - OS Grade I 07%
(e) The committee recommends that the existing posts of Officer I in Provision
Drenches totalling to 70 should be upgrade to that of OOCiv. The committee,
keeping in view the critical in the functional aspects in provision branch is of
the opinion that one Asst Provision Officer per 10,000 live PRFs and 20, OOO
dead PRFs or part thereof in place of existing Office Supdts be authorised in
those depots with Provision branches as well in CP Cell, Army Headquarters.
(f) The committee strongly recommends that the post of Oociv (Adm) and
Oociv (Stores) should be amalgamated. In case of amalgamation of clerical
and storekeeping cadre the posts should be filled by promoting eligible
candidates from Material Asst Cadre. It is recommended that 70% posts
should be filled through promotion on basis of selection and 30% by limited
department’s examination.
(g). Even in the event of non merger of clerks with storekeeping staff the
committee recommends that the post of OOCiV (Adm) and OCCiv (Store)
should be amalgamated. It that case, 40% posts of Oociv should be filled by
storekeeping staff and 60% by clerical staff in proportion to their authorised
strength. The actual employment of officers be left to the discretion of
Commandant based on merit /experience of each is individual.
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
12. It is also relevant to reproduce the SRO 44 and SRO 93, which is as
under :-
S.R.O. 44. In exercise of the powers conferred by the proviso to article 309 of
the Constitution, and in supersession of the Army Group 'C' Ministerial posts
of Office Superintendent Grade-1 and Office Superintendent Grade-Il (other
than Military Engineering Service/College of Military Engineering/Engineer
Centres) Recruitment Rules, 1996, in so far as they relate to the Post of Office
Superintendent Grade-II in the lower formations of Army, except as respects
things done or omitted to be done before such supersession, the President
hereby males the following rules, regulating the method of recruitment to the
Assistant in the lower formations of the Army (other than Military Engineering
Service/College of Military Engineering/Engineer Centres) namely :-
1. Short title and commencement. (1) These rules may be called the Army
Group "C" Assistant other than Military Engineering Service/College of
Military Engineering/Engineer Centres) Recruitment Rules, 2004.
(2) "They shall come Into force from date of their publication in the Official
Gazette.
2. Number of posts, classification and scale of pay - The number of posts,
their classification and the scale of pay attached thereto shall be as specified
in columns (2) to (4) of the Schedule annexed to these rules.
3. Method of recruitment, age limit and other qualifications etc. - The method
of recruitment, age limit, qualification and other matters relating to the said
posts shall be as specified in columns (5) to (14) of the said Schedule.
These rules shall be applicable to all the posts of Assistant in the lower
Formations of Army other than Military Engineering Service/College of Military
Engineering/Engineer Centres, but the maintenance of seniority and
promotion of each cadre shall be done separately.
4. Disqualification. No person,
(a) who has entered into or contracted a marriage with a person having a
spouse living or
(b) who, having a spouse living, has entered into or contracted a marriage
with any person, shall be eligible for appointment to the said post:
Provided that the Central Government, may, if satisfied that such marriage is
permissible under the personal law applicable to such person and the other
party to the marriage and that there are other grounds for so doing, exempt
any person from the operation of this rule,
5. Power to relax - Where the Central Government is of the opinion that it is
necessary or expedient so to do, it may, by order, for reasons to be recorded
in writing, relax any of the provisions of these rules with respect to any class
or category of persons.
6. Saving – Nothing in these rules shall affect reservations, relaxation of age
limit and other concessions required to be provided for the Scheduled Castes,
the Scheduled Tribes and other backward classes and other special
categories of persons in accordance with the orders issued by the Central
Government from time to time in this regard.”
S.R.O. 93. In exercise of the powers conferred by the proviso to article 309 of
the Constitution, and in supersession of the Army Group 'C' Ministerial posts
of Office Superintendent Grade-1 and Office Superintendent Grade-Il (other
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
than Military Engineering Service/College of Military Engineering/Engineer
Centres) Recruitment Rules, 1996, in so far as they relate to the Post of Office
Superintendent Grade-II in the lower formations of Army, except as respects
things done or omitted to be done before such supersession, the President
hereby males the following rules, regulating the method of recruitment to the
Assistant in the lower formations of the Army (other than Military Engineering
Service/College of Military Engineering/Engineer Centres) namely :-
1. Short title and commencement. (1) These rules may be called the Army
Group "B" Office Superintendent other than Military Engineering
Service/College of Military Engineering/Engineer Centres) Recruitment Rules,
2004.
(2) "They shall come into force from date of their publication in the Official
Gazette.
2. Number of posts, classification and scale of pay - The number of posts,
their classification and the scale of pay attached thereto shall be as specified
in columns (2) to (4) of the Schedule annexed to these rules.
3. Method of recruitment, age limit and other qualifications etc. - The method
of recruitment, age limit, qualification and other matters relating to the said
posts shall be as specified in columns (5) to (14) of the said Schedule.
4.These rules shall be applicable to all the posts of Assistant in the lower
Formations of Army other than Military Engineering Service/College of Military
Engineering/Engineer Centres, but the maintenance of seniority and
promotion of each cadre shall be done separately.
5. Disqualification. No person,
(a) who has entered into or contracted a marriage with a person having a
spouse living or
(b) who, having a spouse living, has entered into or contracted a marriage
with any person, shall be eligible for appointment to the said post:
Provided that the Central Government, may, if satisfied that such marriage is
permissible under the personal law applicable to such person and the other
party to the marriage and that there are other grounds for so doing, exempt
any person from the operation of this rule,
6. Power to relax - Where the Central Government is of the opinion that it is
necessary or expedient so to do, it may, by order, for reasons to be recorded
in writing, relax any of the provisions of these rules with respect to any class
or category of persons.
7. Saving – Nothing in these rules shall affect reservations, relaxation of age
limit and other concessions required to be provided for the Scheduled Castes,
the Scheduled Tribes and other backward classes and other special
categories of persons in accordance with the orders issued by the Central
Government from time to time in this regard.”
13. The OA No.1042 of 2005 was filed with the following relief, which is
reproduced as below :-
“To issue direction to respondents to revise the ratio of clerks with
effect from Nov 1999 as it was accepted for the Store Keepers in
accordance with the recommendations of Brig Gautam Mitra
Committee and thereafter from 29 Apr 2004 as done in respect of Store
Keepers vide Annexure-VIII.
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
(ii) To issue direction to respondents to create additional posts of
Ordanance Officer Civilians (Adm) in accordance with the strength of
clerks and functionality in the Corpa
(iii) Any other relief which the Hon'ble Tribunal deem fit in this case.”
The following directions were issued, which is reproduced as below :-
“4. In view of the what has been stated above, the O.A is finally
disposed of with direction to the respondent no. 1 to take decision on
the representation (Annexure A-7) of the Applicants' Association in
accordance with relevant rules or orders as may be on the subject
within a period of 4 months from the date a certified copy of this order
is produced before it.”
14. When the order of this Tribunal was not implemented, the Contempt
Petition No.129 of 2007 was filed, which was disposed of on 19.10.2011.
The operating portion of the order is reproduced as below :-
“ 5. From perusal of the order it is evident that a direction was given to
respondent No.1 to take decision on the representation (Annexure-A-7)
of the Applicants' Association in accordance with relevant rules or
orders as may be on the subject within a period of four months. As the
compliance was not made hence the contempt petition was moved. On
the previous date i.e. 11.8.2011 the order was passed in the contempt
petition that the compliance has not been made by respondent No.1 of
the order passed by this Tribunal and hence the order was passed that
either compliance be made or Secretary of Defence shall appear before
us to explain as to why the compliance has not been made. Today Shri
Abhinav Tripathi, Advocate for the respondents has produced the
compliance report dated 23.9.2011 and from perusal of compliance
report it is evident that order was passed in the matter of restructuring
of clerk staff approved by MOF and approval has also been given by
the Ministry of Defence as well as there is Government Sanction in this
regard by the Ministry of Defence. Hence it appears that compliance
has been made of the order. Considering that the compliance has been
made of the order, it will be just and appropriate to dispose of this
contempt petition. Accordingly, the contempt petition is disposed of as
the compliance has been made of the order of the Tribunal. Notices are
discharged.”
15. The Tribunal observed that the earlier OA No. 1042 of 2005 had only
directed the respondents to consider and decide the representation of the
applicants in accordance with the relevant rules. In compliance with that
direction, the respondents issued the cadre restructuring order dated
23.09.2011, which was subsequently accepted as compliance in Contempt
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
Petition No. 129 of 2007. The respondents had also maintained that the
clerical and storekeeping cadres were separate cadres with different duties
and that the cadre review was a policy and administrative matter, operative
from the date of its implementation and not retrospectively.
16. The letter dated 15.12.1988 claimd to be letter appointing Brig.
Gautam Mitra committee by Ministry of Defence has not been produced by
the applicant. On the basis of available record, it is clear that there was a
committee headed by Brig. Gautam Mitra. Reading the report submitted by
Brig. Gautam Mitra, it is clear that this committee was formed by Army
Headquarters vide their letter No.69294/QS-20 dated 22.12.1988 but the
same letter is also not available on record. In absence of such letters, it is
not possible by this Tribunal to go into the purpose for which this committee
was formed. The committee has submitted its report with their
recommendations but it is also not clear whether the cadre review of Store
side was taken on the basis of recommendations of this committee report or
on the basis of some other consideration. The applicants themselves have
enclosed SRO No. 44 and SRO NO. 93, in which gap of 08 years have been
prescribed for promotion to the post of Assistant from UDC but the same is
not under challenged.
17. Comparison of fact reveals that although there is different time period
under taken by the respondents for considering the cadre review and
resultantly it has affected the interest of the applicants. By this OA, the
applicants have sought to set aside the order dated 23.09.2021 and order
dated 15.07.2004 and not to give effect of the above orders. By simply
setting aside the above orders will not help the applicants. The applicants
have retired so it will not be appropriate to re-open their case. Moreover, the
RAJEEV KUMAR MISHRA
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OA No. 131 of 2012
direction given by this Tribunal in OA No.1042 of 2005 has already been
complied with.
18. In view of the above, this Tribunal found that the earlier direction had
been complied with through the cadre restructuring order dated 23.09.2011,
which had also been recognized in the contempt proceedings, and the
contempt petition was accordingly disposed of. Since the clerical and
storekeeping cadres were distinct cadres and cadre review was a matter of
administrative policy, the applicants had no vested right to claim
retrospective implementation of the cadre review or parity with the benefits
granted earlier to the storekeeping cadre, accordingly, the claim challenging
the cadre restructuring order and seeking retrospective benefits is not
sustainable.
19. On the basis of above consideration, it is clear that the applicants
have not been able to establish their claim and we do not find any illegality in
the order of the respondents. The OA is liable to be dismissed and
accordingly it is dismissed. No order as to costs.
20. All MAs pending in this O.A. also stand disposed off.
(Mohan Pyare) (Justice Om Prakash VII)
Member(Administrative) Member(Judicial)
RKM/
RAJEEV KUMAR MISHRA
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