Facts
The applicants, initially working as Highly Skilled (HS-I and HS-II) in the respondents’ department, were elevated to the post of Master Craftsman (MCM) between 2006 and 2009
Source reference: p.7, para. 3This elevation was based on a Ministry of Defence (MOD) letter dated 21.09.1982
Source reference: p.7, para. 3Subsequently, an MOD OM No.11(5)/2009-D(Civ) dated 14.06.2010 restructured the artisan staff cadre, declaring the MCM post to be filled only through promotion
Source reference: p.6, para. 2; p.7, para. 3Following this, Respondent No. 4 issued memorandums/orders dated 03.02.2014, reverting the applicants to their previous Highly Skilled Grade with a grade pay of Rs. 2400
Source reference: p.6, para. 1 - (a); p.6, para. 2; p.7, para. 4The applicants contended that the letter dated 14.06.2010 protected elevations made prior to its issuance
Source reference: p.7, para. 4Similar issues had been decided by other benches of the Tribunal and the High Court of Jammu and Kashmir, protecting similarly situated employees
Source reference: p.8, para. 4-5Issues
1. Whether the impugned memorandum/order dated 03.02.2014, reverting the applicants from Master Craftsman to their previous grade, should be quashed
Source reference: p.6, para. 1 - (a)2. Whether the GOI, MOD letter/order dated 14.06.2010 and consequential orders dated 10.01.2014 and 22.01.2014 should be quashed to the extent they are against Recruitment Rules 2006 for treating MCM as a promotion based on seniority with retrospective effect
Source reference: p.6, para. 1 - (a)(i)Law Applied
The court primarily applied the principle that elevations made prior to the implementation of the MOD letter dated 14.06.2010 should be protected, as indicated in a subsequent clarificatory letter dated 14.03.2011 (Annexure no.RA-3)
Source reference: p.8, para. 8It also referenced previous judgments from other Benches of the Tribunal (O.A. No.599/2014, O.A. No.615/2014, O.A./60/2014, O.A./571/2014) and the High Court of Jammu and Kashmir (SWP No.198/2014), which consistently protected such prior elevations
Source reference: p.7, para. 4; p.8, para. 5Reasoning
The court found that the applicants' elevation to MCM occurred between 2006 and 2009
Source reference: p.8, para. 8which was prior to the issuance of the MOD letter dated 14.06.2010
Source reference: p.8, para. 8A subsequent letter dated 14.03.2011 (Annexed as Annexure no.RA-3) explicitly protected employees who had been elevated and placed as MCM up to 13.06.2010
Source reference: p.8, para. 8Paragraphs 9 and 13 of Annexure No.RA-3 further supported this protection
Source reference: p.8, para. 8The respondents themselves acknowledged that elevations prior to 14.06.2010 were protected and their reversion had been cancelled, with no adverse action taken against the applicants who continued on their elevated posts
Source reference: p.9, para. 6Given the consistent rulings by other Benches of the Tribunal and the High Court of Jammu and Kashmir protecting similar elevations made before 14.06.2010, the court concluded that the same principle should apply to the present applicants
Source reference: p.8, para. 8Holding
The O.A. was partly allowed
The impugned order dated 03.02.2014 issued to all applicants, and any subsequent orders affecting their elevation to the post of MCM, were set aside
Source reference: p.9, para. 9All applicants are to continue on their original elevated posts of Master Craftsman
Source reference: p.9, para. 9No costs were awarded
Source reference: no citationOriginal Court PDF
JAYANT KUMAR VERMAvsM/o Defence
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