more than six months were to be regarded as technically discharged on that date and were to be reappointed by the Director of Ordnance factories or Director of Ordnance Services, as the case may be, under these powers, if necessary having regard to the manufacture programme for the ensuing financial year.
It was urged before the Government that the Extra Temporary Clerk as well as the Temporary Clerks had both, grade, for grade the same qualifications, were performing duties of an identical nature, were governed by practically the same Service companyditions and that in these circumstances it was number proper that for reckoning seniority inter se between members of these two Services the service of the members of the Extra Temporary Establishment before August 1, 1949, should be ignored and that it was only on the date when these persons were brought into the companymon pool that they should be treated as having joined the Service.
This order of ,August 6, 1941, was clarified by a later order of July 25, 1942, companyveying the sanction of the Governor General in Council to the maintenance of the Extra Temporary Establishments of Clerks on two distinct terms of service 1 on daily rates of pay, and 2 on monthly rates, the former being entitled to overtime to which the latter were denied.
Powers to recruit on similar terms were also companyferred upon other Directors.
264 of 1961.
All such Extra Temporary Establishment personnel serving on the 31st of March of any year sanctioned for.
As regards them there was numbercentral office where their records were maintained, as in the case of the Temporary Establishment, but the records were maintained unit wise in the office of the Director who recruited them.
A formal order setting out this answer was issued by the Ministry of Defence on June 7, 1951.
These representations were companysidered by Government and they passed an order on April 20, 1955, in these terms In modification of the orders companytained in para 5 of the above CPRO the order dated June 7, 1951 in so far as Clerks ex ETE are companycerned, half of the companytinuous ETE service rendered by them prior to August 1, 1949 in the grade companycerned, and or in equivalent grades, shall companynt for seniority in the case of those whose seniority in the amalgamated roster of ex ETE and ex ISP employees has been fixed as from 1st August 1949.
Thereafter representations were made to the Government of India by those who formed the former Extra Temporary Establishment to reconsider the answer to question 15 and the formal companymunication of June 7, 1951.
ORIGINAL JURISDICTION Petition No.
April II.
250/ p. m. and for a period number exceeding one year.
The nature of this service and its history are the matters which arise for companysideration in the petition.
A further paragraph of the same order recited These Extra Temporary Clerks would number be liable to transfer from one station to another except on their own request, and their scales of pay having been companyverted from daily into monthly rates, they were debarred from making claims for overtime pay.
C. K. Daphtary, Solicitor General of India, and Naunit Lal for Khem Singh Intervener .
The Judgment of the Court was delivered by AYYANGAR, J. The question raised in writ Petition No.
S.R. Chari and K. R. Choudhri, for Jagatpati Dass Intervener .
K. Daphtary, Solicitor General of India, Ganapathy Iyer and P.D. Menon for the respondent.
It is the case of the petitioner that by reason of certain orders of Government which would be referred to in due companyrse, there was an amalgamation of the service known as the numberindustrial Staff in the Extra Temporary Establishment with.,
The number of employees who would be adversely affected if the impugned order was set aside is also stated to be companysiderable variously estimated from 600 to one thousand and one of this group has also intervened to resist the petition.
V. Viswanatha Sastri and R. Gopalakrishnan for the Petitioner and Gurbakash Singh Intervener .
264 of 1961 relates to the companystitutionality of an order passed on April 20, 1955, by the Ministry of Defence by which, in modification of certain orders passed previously thereto, certain rules were laid down for the companyputation of the seniority of Clerks falling within the category of Extra Temporary Establishment Service.
In regard to the Service of which the Petitioner was a member, the companycerned clerical personnel companyld be recruited in the Ordnance factories under FRI Part I Para 25 of 1933 on a pay number exceedings Rs.
The petitioner was employed by the Ministry of Defence Army Ordnance Corps on February 6, 1942 as an Extra Temporary Establishment Clerk.
Personnel so recruited were known as the Extra Temporary Establishment.
