M. Magesh & Ors vs Union Of India & Ors

Ashish Kalia, Member (J)

The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following main reliefs:

“(a) To set aside letter dated 24.04.2020 issued by the 2nd Respondent and quash the same;

(b) For the grant of a direction, directing the Respondents not to disturb promotions of the Applicants as Chargeman in any manner and pass such further or other orders as may be deemed fit and proper.”

The facts of the case as stated by the applicants in the OA are that the applicants are working as Chargeman and Junior Works Manager in the 3rd and 4th respondent ordnance factories for the past many years. They are challenging the impugned notification dated 24.04.2020 issued by the Director General, Ordinance Factory, issued to the Senior General Managers of all Ordnance and Ordinance Equipment Factories and Units directing them to revert all the candidates who are promoted as Chargeman (Tech/Mech) on the strength of educational qualification of diploma acquired from the Institute of Mechanical Engineers.

They submit that the impugned letter dated 24.04.2020 is violative of Articles 14 and 16 of the Constitution of India and that the applicants were promoted to the post of Chargeman by exercising due process of selection.

Notices were issued to the respondents who put appearance and filed reply. However, none appeared for the respondents today.

In their reply, the respondents, in paras 21 and 22, have averred as under :

“21. With regard to Para 5(g) & (h), it is most respectfully submitted that since the qualification was sub-judice before the Hon’ble High Court and Hon’ble Central Administrative Tribunals, the 2nd Respondent did not take any action against the employees who were promoted to the post of Chargeman(Tech/Mechanical) based on IME qualification. After the Hon’ble High Court, Madras order dated 30.08.2019 and the order of this Hon’ble Bench order dated 19.03.2020 that, the Technical Engineering Course (Diploma) from the Institute of Mechanical Engineers(IME) cannot be considered as equivalent qualification prescribed under the RR for the post of Chargeman under the OFB, the 2nd Respondent had issued instruction dated 24.04.2020 to the Units/Factories to revert the candidates who were promoted to the post of Chargeman (Tech/Mechanical) based on the IME qualification through LDCE/Direct Recruitment which is in order.

With regard to Para 5(i)& (j), it is most respectfully submitted that during 2010, correspondences were made to AICTE seeking clarification whether IME, Mumbai is approved by them. AICTE vide their letter dated 01.10.2010 requested to refer Gazette Notification No. F 23-2/201-TS-III dated 24.11.2006 of Ministry of Human Resources. In this regard, based on Gazette Notification No. F 23-2/201-TS-III dated 24.11.2006 of Ministry of Human Resources, OFB vide its letter dated 12.11.2010 has stated that the candidature of an applicant is to be considered with reference to the certificate to be produced by him/her within the terms and conditions of this notification.

Further, AICTE vide letter No. AICTE/ACAD-Genl. Corr/Dir/2011/367 dated 29.06.2011 (Annexure R-3, page No. 36) informed that the IME institution is not approved by AICTE and you may ask Ministry of Human Resource Development, Govt. of India, Shastri Bhawan, New Delhi as IME (India) is recognized by MHRD, Govt. of India.

Subsequently, on receipt of representations from employees against IME qualification, an Expert Committee was constituted by Ordnance Factory Board, Kolkata. Based on the recommendation of this expert committee, OFB vide its letter No. 2982/LDCE/CM(T&NT)/2013/A/NGdated 12.09.2013 intimated that “Since IME, Mumbai has not been approved by AICTE, the candidate(s) obtained Diploma from the said Institute cannot be allowed to appear in LDCE. Further cases of similar Diploma is still sub-judice in different Benches of Tribunal.”

The Hon’ble Supreme Court of India order dated 13.08.2019 in C.A. No. 17922 of 2017 in Para 40 the observation is as under:-

“What is the value of that certificate will be considered by each employer as and when the occasion arises. The appellant would certainly be entitled to award Certificate of Membership to its Members. What weightage the Certificates must have is for the individual employers to consider in a given case.”

Heard learned counsel for the applicants and perused the records.

In order to support their case, the applicants rely upon the order passed by this Tribunal in OA No. 640/2016 dated 08.02.2023, the operative para of which reads as under:

“8. We are of the considered view, that the impugned orders dated 20.04.2015 and 09.06.2015 are liable to be set aside and hence set aside. The respondents are directed to consider the case of the applicant for the post of Chargeman w.e.f. from the date it was granted i.e. 10.05.2015, when he was due for consideration to the next post. The applicant shall also be entitled for all consequential benefits. This exercise shall be completed within a period of eight weeks from the date of receipt of certified copy of this order. 9. The OA is disposed of in aforesaid terms with no order as to costs.”

We are of the considered view that this OA is similar to OA No. 640/2016 relied upon by the learned counsel for the applicants and hence, the instant OA is disposed of in terms of OA No. 640/2016. The impugned letter dated 24.04.2020 is set aside and the respondents are directed not to disturb the promotions of the Applicants as Chargeman.

The OA is disposed of in aforesaid terms with no order as to costs.