Original Application No. 2030/2013. Case: Kashinath Laxmanrao Kalbandhe and Ors. Vs The Union of India and Ors.. High Court of Madras (India)
| Case Number | Original Application No. 2030/2013 |
| Counsel | For Appellant: M.G. Burde, Advocate and For Respondents: R.G. Agarwal and B. Lahiri, Advocates |
| Judges | Dr. Mrutyunjay Sarangi, Member (A) and Arvind J. Rohee, Member (J) |
| Issue | Constitution of India - Articles 14, 16 |
| Judgement Date | October 15, 2015 |
| Court | High Court of Madras (India) |
Order:
Dr. Mrutyunjay Sarangi, Member (A), (Mumbai Bench)
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The applicants were working as Danger Building Worker HSG-I at Ordnance Factory, Bhandara at the time of filing the OA. They are aggrieved by the action of the respondents putting names of the junior batch-mates above the names of the applicants in the seniority list. They have approached this Tribunal to direct the respondents to place their names above the names of the junior batch-mates on the grades of Semi-Skilled, Skilled, Highly Skilled and/or Highly Skilled Grade-II and Highly Skilled Grade-I.
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The facts of the case, as they appear from the OA, are as follows;
i) The applicants are Ex-Trade Apprentices of the Ordnance Factory Bhandara who had passed their N.C.T.V.T. Examination (Three years course) during the Course year 1986-1989 to 1990-1993 in the Trade of A.O.C.P. They were assigned batch No. 27th to 31st according to their year of passing of the Course.
ii) In order to fill the vacancies in the Trade of D.B.W./Semi-Skilled in the Recruitment Year 2000-2001, the Respondent No. 3 had issued call letters to the applicants, their batch-mates and also the Junior batch-mates together, as the number of vacancies at that time was much higher than number of Ex-Trade Apprentices of A.O.C.P. Trades available.
iii) The respondents have issued appointment letters to the applicants, their batch-mates and to their junior batch-mates together in the month of March 2001 for the post of Danger Building Worker in Semi-Skilled Grade as direct recruit in the Ordnance Factory Bhandara. However, the appointees joined their duties in the factory during month of March 2001 to April 2001 on different dates since they had not received the appointment orders on a common date. On completion of two years and passing of the prescribed trade test, the respondents had upgraded the applicants, their batch-mates and also their junior batch-mates together from the grade of Semi-Skilled to Skilled without publishing the inter-se-Seniority. They have also promoted the applicants, their batch mates and junior batch mates together from the grade of Skilled to Highly Skilled w.e.f. 12.08.2006 immediately after completion of minimum three years of service period and after passing of the prescribed trade test, as provided in the SRO 185 dated 01.11.1994 without publishing the inter-se-Seniority. In the order No. 542 dated 12.08.2006 (Annexure A-2) the applicants' serial Nos. were at 58 (D.S. Shahare), 80 (K.L. Kalbandhe), 81 (D.C. Thantharate), 83 (P.S. Gajghate), 85 (D.U. Daharwal) and 90 (A.B. Deshbhartar).
iv) The applicants' claim that they were shocked to see that the names of their junior batch-mates, commencing from the name of Shri Ahsan Tanveer onwards had been placed above the names of the applicants in the aforesaid promotion order. They, therefore, approached the officers concerned in the factory and requested them to correct it in accordance with the Rules/Instructions on the matter of fixation of inter-se-Seniority. The Respondents have fixed the inter-se-Seniority of D.B.W./HS Grade as on 01.01.2007 (Annexure A-3) in which the applicants were shown below Shri Ahsan Tanvir (Sr. No. 339) and applicants D.S. Shahare at 375, K.L. Kalbandhe at 397, D.C. Thantharate at 398, P.S. Gajghate at 400, D.U. Daharwal at 402 and A.B. Deshbhartar at 407.
v) The applicants submitted a number of representations to correct the seniority list and to put them above Shri Ahsan Tanvir who, they claimed, to belong to a junior batch. The copies of their representations are at Annexures A-4, A-5, A-6, A-7, A-8 and A-9.
vi) Consequent upon the implementation of the recommendation of the 6th Central Pay Commission for dividing H.S. Grade into H.S. Grade I and H.S. Grade II, the Respondent No. 3 fixed inter-se-Seniority of DBW/HS Grade II as on 01.07.2011 (Annexure A-10) in which Shri Ahsan Tanvir was placed at Sr. No. 1 and the applicants were placed at 35 (D.S. Shahare), 57 (K.L. Kalbandhe), 58 (D.C. Thantharate), 60 (P.S. Gajghate), 62 (D.U. Daharwal) and 67 (A.B. Deshbhartar). Subsequently, the seniority list for DBW/HS Grade I as on 01.10.2012 was published in which the name of Shri Ahsan Tanvir was at Sr. No. 1, D.S. Shahare at 34, K.L. Kalbandhe at 56, D.C. Thantharate at 57, P.S. Gajghate at 59, D.U. Daharwal at 61 and A.B. Deshbhartar at 66 (Annexure A-11).
vii) The applicants, apart from submitting their representations, had also approached the officers concerned who informed them that the matter was under consideration of J.C.M.-IV Level and the inter-se-Seniority will be refixed as soon as an appropriate decision was taken in the meeting of J.C.M.-IV Level in the...
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