Discriminatory Re-designation Dates Violate Article 14; Applicants Entitled to Parity.

The applicants were appointed as Industrial Employees at Ordnance Factory Itarsi on various dates in 2014.

They appeared in a Trade Test in 2018 (from October 1-6, 2018) for promotion/re-designation as Tradesman (Semi Skilled).

After passing, they were promoted/re-designated from labor (SS) to Fitter (SS) and Miller (SS) respectively, effective from November 2, 2018, the date of issuance of Factory Order Part-II dated November 02, 2018 (Annexure A/2).

On completion of two years, they were upgraded to the skilled grade from November 2, 2020, via Factory Order Part-II dated November 13, 2020 (Annexure A/3).

Industrial workers from 2017, 2019, 2020, and 2021 batches were promoted/re-designated as Tradesman from the date they appeared in the Trade Test.

The Ministry of Defence announced a Limited Departmental Competitive Examination (LDCE) for Chargeman/Tech and Non-Tech posts for vacancies up to December 2022, requiring a mandatory two years' experience in the skilled grade, with an application deadline of October 10, 2022.

The applicants submitted their applications, but lacked the two years' skilled experience by the cut-off date due to their re-designation date.

They argued that if their re-designation had been effective from the date of the Trade Test (October 2018), they would have met the experience requirement by October 2022.

The respondents contended there were no specific orders for re-designation from the date of the Trade Test and that exceptions for other years (2017, 2020, 2021) were due to specific grounds like court orders or the Corona pandemic.

The Tribunal allowed the applicants to appear in the examination provisionally, with results to be kept in a sealed cover.

Whether the action of the respondents in granting re-designation from the date of the Trade Test for some batches (2017, 2019, 2020, 2021) while granting it from the date of the Factory Order for the applicants (2018 batch) is discriminatory and violative of Article 14 of the Constitution of India.

Whether the applicants are entitled to have their upgradation from semi-skilled to skilled grade made effective from the date of their Trade Test, thereby making them eligible to participate in the LDCE-2022.

The court primarily applied the principle of non-discrimination enshrined in Article 14 of the Constitution of India, which mandates equal treatment under the law and prohibits arbitrary distinction between similarly situated individuals.

The court found the respondents' action of granting re-designation from the date of the Trade Test for industrial workers in different batches (2017, 2019, 2020, 2021) while denying the same benefit to the applicants (2018 batch) as discriminatory.

The respondents' justifications for these exceptions, citing the Corona Pandemic and ongoing court cases, were deemed untenable, as no adequate explanation was provided for differentiating the 2018 batch from others.

The court noted that in 2021, an office note allowed re-designation from the date of approval/Trade Test, and no justification was provided for not extending the same dispensation to the applicants.

This inconsistency in treatment, where some employees received the benefit of re-designation from the date of the Trade Test while others did not, led to a violation of the applicants' right to equality.

If similar treatment had been accorded, the applicants would have met the two years' experience criterion for the LDCE.

It directed the respondents to declare the results of the applicants by opening the sealed cover.

Furthermore, in the event any applicant qualifies the examination, they are to be considered for appointment to the designated post in accordance with letter no. 2982/LDCE/CM(T&NT)/2022/PER/GB (Annexure A/6).

This entire exercise is to be completed within 90 days from the date of receipt of the certified copy of the order.