RESERVED

CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD

Dated: This the 21st day of August 2018.

PRESENT: HON’BLE MR. GOKUL CHANDRA PATI, MEMBER (A) HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J)

Original Application No. 43 of 2011 Along with Original Application No. 56 of 2011

1. Ram Kumar, aged about 33 years, son of Shri Ishwar Chand Pandit, Resident of 6/5, B.D. Ghat Colony, O.E.F. Estate, Civil Lines, . Presently posted as Examiner, previously Tailor (Ticket No.1703/T-2, Personal No. 106774) at Ordnance Equipment Factory, Kanpur.

2. Kishan Kumar Verma, aged about 39 years, son of Shri Ram Narain, resident of K-417, Yashoda Nagar, Kanpur, Mughalsarai, Chandauli (U.P). Presently posted as Examiner, previously Tailor (Ticket No.366/T-3, Personal No. 106759) at Ordnance Equipment Factory, Kanpur.

3. S.K. Srivastava, aged about 36 years, son of late Ram Kumar Srivastava, resident of 3332, EWS Awas Vikas Colony, Kalyanpur, Panki Road, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.2470/T-1, Personal No. 106820) at Ordnance Equipment Factory, Kanpur.

4. Shambhu Suman, aged about 36 years, son of Shri Babu Lal Sah, resident of 2/81, Kanchan Nagar A, , Unnao. Presently posted as Examiner, previously Tailor (Ticket No.899/T-1, Personal No. 106834) at Ordnance Equipment Factory, Kanpur.

5. Munna Prasad aged about 33 years, son of late Ram Lakhan Singh, Resident of 151/15, Mangla Vihar, IInd Kanpur, Presently posted as Examiner, previously Tailor (Ticket No.1067/T-1, Personal No. 106843) at Ordnance Equipment Factory, Kanpur. 2

6. Prashar Kumar, aged about 31 years, son of Shri Rama Kant Prasad, Resident of 34-A, Saran Estate, Ahirwan, Post Office Harjinder Nagar, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.5. R&D Section, Personal No. 106851) at Ordnance Equipment Factory, Kanpur.

7. Neeraj Kumar Srivastava, aged about 35 years, son of Shri Virendra Kumar Srivastava, Resident of B- 2/53, Defence Colony, G.T Road, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.1078/T-1, Personal No. 106855) at Ordnance Equipment Factory, Kanpur.

8. Vivek Kumar aged about 32 years, son of Shri Brijendra Swaroop Srivastava, Resident of Sector O/129, Keshavpuram, Awas Vikas No.1, Gaon, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.1076/T-1, Personal No. 106853) at Ordnance Equipment Factory, Kanpur.

9. Kamlesh Kumar Nigam, aged about 32 years, son of Shri Satya Narain Nigam, resident of 1B/2, Jeevan Garden, Krishna Nagar, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.1083/T-1, Personal No. 106859) at Ordnance Equipment Factory, Kanpur.

10. Anoop Joshi, aged about 29 years, son of Shri Kailash Chandra Joshi, resident of 89/11, Vijay Nagar, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.480/T-3, Personal No. 106874) at Ordnance Equipment Factory, Kanpur.

11. V.R. Narware, aged about 32 years, son of Shri Ravindra Narware, Resident of 485 D-II, J.K. Lal Bangla, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.61/TCS, Personal No. 106884) at Ordnance Equipment Factory, Kanpur.

12. Ajit Kumar Das, aged about 32 years, son of Shri Bharat Das, Resident of House No. 23, Netaji Nagar, P.A.C Road, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.1722/T-2, Personal No. 106902) at Ordnance Equipment Factory, Kanpur.

13. Karan Kumar, aged about 30 years, son of Shri Ayodhya Prasad, resident of 2/689, Ghazi Khera, Shuklaganj, Unnao. Presently posted as Examiner, 3 previously Tailor (Ticket No.1733/T-2, Personal No. 106930) at Ordnance Equipment Factory, Kanpur.

14. Sumit Saxena, aged about 25 years, son of Shri S.K. Saxena, Resident of 64/70, Gadariya Mahal, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.1942/T-1, Personal No. 106945) at Ordnance Equipment Factory, Kanpur.

15. Mohit Kumar, aged about 27 years, son of Shri Jwala Prasad resident of 13/4, G.T Road Colony, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.1738/T-2, Personal No. 106933) at Ordnance Equipment Factory, Kanpur.

16. Vijay Kumar Srivastava, aged about 46 years, son of Late Gurudev Prasad, resident of 34-A, Saran Estate, Ahirwan, Post Office Harjinder Nagar, Kanpur. Presently posted as Examiner, previously Tailor (Ticket No.268/T-3, Personal No. 105151) at Ordnance Equipment Factory, Kanpur.

. . . Applicants in O.A. No.43/11

By Adv: Shri Shyamal Narain

V E R S U S 1. The Union of through the Secretary, Ministry of Defence, Department of Defence Production, Government of India, New Delhi. 2. The Additional Director General of Ordnance Factories, O.E.F. Group Head Quarters, G.T. Road, Kanpur. UP. 3. The General Manager, Ordnance Equipment Factory, Kanpur UP. 4. The Joint General Manager/Administration, Ordnance Equipment Factory, Kanpur U.P.

. . .Respondents in O.A. No. 43/11 By Adv: Shri N.P Shukla

Along with

Original Application No. 56 of 2011

1. Ramu Prasad Prajapati, S/o Late Maiya Din Prajapati, Ticket No. 1047/TEX-1/106837. 4

2. Devendra Singh, S/o Sri Brij Nath Singh T. No. 1410/TEX-1/105812. 3. Dineshwar Jha, S/o Sri Devendra Jha, T. No. 1699/TEX-2/106767. 4. Raj Kumar S/o Sri Asha Ram Kushwaha, T. No. 909/TEX-1/106836. 5. Gulab Singh, S/o Late Khayali Ram, T. No. 1073/TEX-1/106848. 6. Narendra Kumar S/o Sri Ram Lal Ahirawan, T. No. 1075/TEX-1/106850. 7. Sanjay Kumar Verma, S/o Sri Ram Kumar Verma, T. No.1077/TEX-1/106854. 8. Anand Prakash Sahu S/o T. No. 1079/TEX-1/106856. 9. Sanjay Kumar Singh, S/o Ram Gopal, T. No. 1082/TEX-1/106858. 10. Ashish Kumar Sharma, S/o Shri Ashok Sharma, T. No. 477/T-3/106871. 11. Km. Bhawna, D/o Late M.C. Gupta, T. No. 497/T- 3/106888. 12. Amit Kumar Singh, S/o Sri Yashwant Singh, T. No. 1724/TEX-2/106904. 13. Niranjan Kumar Singh, S/o Sri Shiv Shankar Sharma, T. No. 1736/TEX-2/106932. 14. Syed Haseen Ahmad, S/o Shri Sayed Rais Ahmad, T.No. 1859/T-1/106873. 15. R.S. Rana, S/o Shri Kaida Singh, T. No. 1580/TEX- 2/106872. 16. Ajai Kumar Trivedi, S/o Ram Kishore Trivedi, T. No. 2476/T-1/106830. 17. Indra Bahadur Singh, S/o Sri Gajraj Singh, T. No. 611/TEX-1/105877 All the applicants are Tailor and are working in Ordnance Equipment Factory, Kanpur. ………Applicants in O.A. No. 56/11

By advocate: Ms. S. Mandhyan

Versus. 1. Union of India through Director General, Ordnance Services, 10A, S.K Bose Road, Kolkata. 2. General Manager, Ordnance Equipment Factory, The Mall, Phool Bagh, Kanpur. 3. Joint General Manager, (Admin). Ordnance Equipment Factory, The Mall, Phool Bagh, Kanpur. 5

………..Respondents in O.A. No. 56/11

By Advocate:Shri N.P. Shukla

O R D E R

BY HON’BLE MR. RAKESH SAGAR JAIN, MEMBER (J)

1. The present Original Application has been filed by the applicants seeking following reliefs-

“(i) Quash and set aside the impugned decision of the General Manager, Ordnance Equipment Factory, Kanpur (respondent No.3) of cancelling the Factory Orders Parts 1 and II, both dated 22.12.2010, as conveyed vide the communication dated 10.01.2011, issued by the Joint General Manager/Administration, Ordnance Equipment Factory, Kanpur (respondent No.4), (Annexure A-1 to compilation No.1).

(ii) issue a suitable order or direction commanding the respondents not to interfere with the redesignation of the applicants as Examiners (Skilled) and/or their functioning in that capacity at the Ordnance Equipment Factory, Kanpur.

(iii) Issue such other orders or directions, and grant such other and further relief, as might be considered just and proper in the facts and circumstances of the case.

(iv) Award the costs of the original application in favour of the applicants, throughout”.

2. The brief facts of the case are that applicants were working s Tailors at O.E.F., Kanpur. Two communications dated 5.5.2010 and 6.5.2010 (Annexure No. A2 and A3) were issued inviting letters from industrial workers interested in 6

redesignation as Examiner (Highly skill and skilled) by respondent No. 4 by appearing in a Trade Test. The Trade Test Board constituted of which the Deputy Labour Welfare Commissioner, Dr. A.K.Singh was nominated as a member of the Selection Board.

3. It is further averred in the O.A. that the Trade Test was held on 14.12.2010 in which the applicants participated and vide separate notification (Annexure-A-9), all the applicants were declared to have passed. Vide Order Part – II dated 22.12.2010 (Annexure-A10), the applicants amongst others were re-designated as Examiners and since then applicants have been working as Examiners and were informed that they would continue working on their post and section till new sections were allotted to them.

4. Applicants’ further case is that all the documents relied upon them would show that they were re-designated as ‘Examiner’ and working in the said designation when impugned order dated 22.12.2010 (Annexure-A1) was issued by respondent No. 4 cancelling the selection made in pursuance of the Trade Test. Applicants have challenged the impugned order on number of grounds which includes violation of principle of nature justice as they have been condemned unheard by way of a un-reasoned and non-speaking order which visits them with adverse civil consequences.

5. In reply, respondents have admitted the facts averred by the applicants regarding the holding of the Trade Test and further proceedings being initiated in pursuance thereof. The respondents 7

have justified the cancellation of the selection on the grounds:

1) The Selectees do not possess the requisite experience in job of examiner in the Boot plant; 2) The trade test was conducted in the absence of DLWC, Dr. A.K.Singh who pointed out certain irregularities and deficiencies to the Chairman, Trade Test Board in the conducting the Trade Test, which was however conducted in the absence of the DLWC by inducting a new officer in the Board; 3) Anonymous Complaint received regarding the selection on 03.01.2011; 4) Trade Test Board did not carry out the Trade Test as per the specification.

6. Perusal of the material on record does not show that any right of the applicants have been violated. It is not their case that the post of Examiner is superior to that of their present post. The post of Examiner has the same pay scale as that of skilled and highly skilled workers. No element of promotion is involved in the present process.

7. In these circumstances, we are of the opinion that there exists no good ground for setting aside the impugned order dated 10/01/2011 (Annexure- A-1). However, a process was started and completed by the respondents regarding the Examiners but was scuttled due to anonymous complaints. The respondents, following the guidelines laid down by DoPT and CVC must have surely by now completed the enquiry into the 8 correctness or otherwise of the complaints. Even so, if they have not done so, the respondents are directed to enquire into the correctness or otherwise of the complaints received in accordance with the OMs of DoPT and the instructions of the CVC in this regard and take a decision on the implementation of the result of the Trade Test held in 2010. The respondents shall also consider all the indicated issues raised by the applicants in their O.A. This exercise must be completed within a period of two months from the date of receipt of the certified copy of this order. Needless to say the decision shall be by way of speaking/reasoned order, and in accordance with law. Nothing mentioned hereinabove shall affect the merits of the case which, shall be decided on its own merits. The parties are left to bear their own costs.

(Rakesh Sagar Jain) (Gokul Chandra Pati)

Member (J) Member (A)

Manish/-