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Union Of India vs V.Parasuraman on 16 July, 2008
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COMMON ORDER M.SATHYANARAYANAN, J The orders passed will govern the disposal of these writ petitions.

In all the writ petitions, the Union of India represented by Chief Engineer, Headquarters at Pune and the Commander Works Engineer, Chennai are the petitioners.

W.P.No.10250 of 2008 This writ petition is filed for the issuance of writ of certiorari to set aside the order dated 18.9.2007 passed in O.A.No.680 of 2006 by the Central Administrative Tribunal, Madras Bench.

2. The first respondent in the writ petition joined the services as Mazdoor in the year 1962 and he was promoted as Motor Pump Attendant in the year 1972. There was a merger of 10 skilled categories and consequently, the post was re-designated as Fitter General Mechanic Skilled. The first respondent was promoted as Fitter General Mechanic Highly Skilled Grade II with effect from 31.3.1995 and subsequently promoted as Fitter General Mechanic Highly Skilled Grade I on 13.3.2002. The first respondent retired from service on 31.3.2003. The hierarchy of post available to Industrial Personnel till 20.5.2003 was distributed as Skilled, Highly Skilled Grade II, Highly Skilled Grade I and Master Craftsman respectively. In pursuant to the recommendations of the V Central Pay Commission, there was cadre restructuring of Artisan Staff in Defence Establishment and it came into effect from 1.1.1996. In pursuant to restructuring of the cadre, erstwhile Highly Skilled Grade II (HSG II) and Highly Skilled Grade I (HSG I) had been merged to form a single grade called Highly Skilled Grade (HSG). The post of Master Craftsman is not form part of the said hierarchy as it is not treated as a promotion post for highly skilled grade either under normal promotion rules or under Accelerated Career Programme Scheme (ACP).

W.P.No.11667 of 2008

10. The Union of India, represented by its Headquarters Chief Engineer and the Commander Works Engineer, Chennai-2 are the petitioners in this writ petition.

11. The first respondent in the writ petition joined the services as Mazdoor in the year 1972 and he was promoted as Motor Pump Attendant in the year 19. There was a merger of 10 skilled categories and consequently, the post was re-designated as Fitter General Mechanic Skilled. The first respondent was promoted as Fitter General Mechanic Highly Skilled Grade II with effect from 1995. Thereafter he did not qualify in the trade test conducted for promotion to the post of Fitter General Mechanic Highly Skilled Grade-I. The hierarchy of post available to Industrial Personnel till 20.5.2003 was distributed as Skilled, Highly Skilled Grade II, Highly Skilled Grade I and Master Craftsman respectively. In pursuant to the recommendations of the V Central Pay Commission, there was cadre restructuring of Artisan Staff in Defence Establishment and it came into effect from 1.1.1996. In pursuant to restructuring of the cadre, erstwhile Highly Skilled Grade II (HSG II) and Highly Skilled Grade I (HSG I) had been merged to form a single grade called Highly Skilled Grade (HSG). The post of Master Craftsman is not form part of the said hierarchy as it is not treated as a promotion post for highly skilled grade either under normal promotion rules or under Accelerated Career Programme Scheme (ACP).

19. Mr.G.Nanmaran, learned Additional Central Government Standing Counsel, has submitted that the Tribunal has not properly understood the purport of the order dated 20.5.2003 passed by the Central Administrative Tribunal, Ernakulam Bench in O.A.Nos.740, 741 and 882 of 2003 dated 17.5.2005, wherein Clause 3(d) of the restructuring of cadre of Artisan staff in Defence Establishment in proceedings No.11(1)2002/(D)(Civil) dated 20.5.2003 came to be quashed. It is further submitted by the learned Additional Central Government Standing Counsel that following the merger, persons who got promotion as HS-I by way of passing trade test between 1.1.1996 and 19.5.2003 would be end block senior to HS-II already promoted from 1.1.1996 and thereafter up to 19.5.2003. Similarly, the persons who got promotion as a result of restructuring of cadre in relaxation of conditions of passing of trade test etc., would also be senior to HS-II. The learned Additional Central Government Standing Counsel also submitted that the findings of the Tribunal that the corrigendum dated 27.3.2006 will have only prospective effect are unsustainable for the reason that when the original order came to be implemented with effect from 1.1.1996, the consequential order in the form of corrigendum cannot be given effect prospectively.

20. The Government of India, Ministry of Defence, New Delhi, vide proceedings dated 20.5.2003 had restructured the cadre of Artisan staff in Defence Establishment in terms of the recommendations of the V Central Pay Commission. There was a partial modification to the recommendations made by the V Central Pay Commission made in paras 54.16 -18 and 54.29 of the report and it is extracted as follows:-

"2. The grade structure in the industrial as well as in the non-industrial trades.

(g) Since the Grade of HS II & HS I has been merged and designated as HS in the pay scale of Rs.4000-6000 wef 1/1/96 as clarified by the DOP&T/MOD the second ACP for eligible skilled HS employees should be given in the pay scales of Rs.5000-8000 since Master Craftsman in the pay scale of Rs.4500-7000 is not a part of the hierarchy and placement in this grade shall not be treated as promotion for highly skilled grade either under normal promotion rules or under ACP scheme.