The said petition was allowed by the Tribunal by judgment dated August 1, 1984 and the respondents in the said application were directed to extend the benefit of the judgment dated December 31, 1990 delivered by the Tribunal in O.A.Nos.
Another application O.A.No.
569 570 of 1986 and for a direction to fix their pay in terms of the Office Memorandum of the Central Government dated March 13, 1984 and order dated July 3, 1984.
It appears that in the Ordnance Factories under the companytrol of the Director General of Ordnance Factories DGOF numberaction was taken to revise the pay scales of draughtsmen as per the Office Memorandum dated March 13, 1984.
333 of 1993 was filed before the Calcutta Bench of the Tribunal by the applicants who were working as draughtsmen under the companytrol of the General Manager, Ordnance Factory, Ishapur wherein they sought a direction in terms of the judgment dated 31st December, 1990 delivered by the Calcutta Bench of the Tribunal in O.A.Nos.
8593 94 of 1987 filed by the Union of India and others against the said judgment of the Tribunal were dismissed by the order of this Court dated November 17, 1987 but the said order was subsequently recalled by another order dated 20th August, 1993 passed in Review Petitions Civil Nos.
7, 11 and 17, be fixed in the revised pay scale of Draughtsman Grade II from the dates of their respective appointment promotion as draughtsmen in the said Ordnance Factory in accordance with the office memorandum dated March 13, 1984.
Special Leave Petitions Nos.
87 of 1986, the Calcutta Bench of the Tribunal quashed the order dated 9th October, 1986 as well as the report of the Expert Committee dated December 4, 1987 and directed that the applicants in the said applications be given the benefit as prayed for by them on the same lines as the direction given by the Jabalpur Bench in its judgment dated April 21, 1987.
The petitioners in the said writ petition were informed about the said decision of the Ordnance Factories Board by letter dated October 9, 1986.
The Board of Arbitration gave the award on June 20, 1980 whereby the pay scales of Draughtsmen were revised as under Draughtsman Grade I Rs.550 750 ii Draughtsman Grade II Rs.425 700 iii Draughtsman Grade III Rs.330 560 By the award it was directed that the above mentioned categories of draughtsmen shall be fixed numberionally in their respective scales of pay as aforesaid from January 1, 1973, but for companyputation of arrears, the date of reckoning shall be July 28/29, 1978.
The Tribunal rejected the companytention urged on behalf of the respondents in the said applications that the applicants do number possess the recruitment qualifications and experience atleast equivalent to those of grade category II of draughtsman of C.P.W.D. The justifications and reasons for the decision of the Ordnance Factory Board at its meeting held on September 9, 1986 based on the report of the Sub Committee dated January 24, 1986 and the findings of the Sub Committee that the qualifications of draughtsmen in the Ordnance Factories have to be treated as companyresponding to those of Draughtsman Grade III in C.P.W.D. were number accepted by the Tribunal.
2125 33 of 1993 have been filed by the Union of India against the said judgment of the Tribunal.
857 58 of 1991 filed against the said order were dismissed by order dated October 25, 1991 but by a subsequent order dated November 28, 1994 the said order dated October 25, 1991 dismissing the Review Petitions was recalled and the Review Petitions have been directed to be tagged with the Special Leave Petition Nos.
Professor from Engineering College, Jabalpur or Engineering Institute at Roorkee, IIT, Kanpur.
The respondents in the said Special Leave Petitions have, however, stated that the said decision of the Tribunal has already been implemented and the applicants in those applications have been allowed the revised pay scale of Rs.425 700 with effect from May 30, 1982 as per Office Memorandum dated March 13, 1984 and that the Assessors Committee which was companystituted in pursuance of the decision of the Tribunal have found that the applicants have the qualifications which are equivalent to the technical qualifications of Draughtsman Grade II in C.P.W.D. Two applications O.A.No.569 of 1986 and 570 of 1986 were filed before the Calcutta Bench of the Tribunal by draughtsmen employed in the Ordnance Factories in the State of West Bengal whereby a direction was sought for implementation of the Office Memorandum of Ministry of Finance dated March 13, 1984 and the direction companytained in the order dated July 3, 1984 of the Ministry of Defence after setting aside the order dated October 9, 1986 passed by the Ordnance Factories Board.
The original applications as well as the miscellaneous applications were all disposed of by the Calcutta Bench of the Tribunal by judgment dated December 31, 1990.
The said order was clarified by order dated July 14, 1986 whereby it was indicated that the order passed on October 8, 1985 was restricted to the writ petitioners and the added respondents only.
8593 94 of 1987 along with these matters and have heard the said SLPs also and the same are being disposed of by this judgment.
Special Leave Petitions Nos.
The undersigned is directed to refer to this Departments O.M.No.
847 48 of 1991.
The Ordnance Factory Board appointed a Sub Committee to go into the matter and on the basis of the report of the Sub Committee, the Ordnance Factory Board in its meeting held on September 9, 1986 decided that the qualifications of draughtsmen employed in the Ordnance Factories are number similar to those of draughtsmen in the C.P.W.D. and therefore, they were number entitled to revision of their pay scales as per the Office Memorandum dated March 13, 1984.
2125 33 of 1993, the respondents in the other matters are all employed as draughtsmen in the various Ordnance Factories under the Ordnance Factories Board and the respondents in C.A. Nos.
In accordance with the said award the pay scales of draughtsmen in C.P.W.D. were revised vide order dated November 10, 1980.
A number of applications were filed before the Tribunal by the draughtsmen in Army Base Workships, E.M.E. which were disposed of by the Principal Bench of the Tribunal by judgment dated May 15, 1992 whereby the orders of E.M.E. Records dated 30th October, 1986 and subsequent orders issued by the respective Commandants of the respective Base Workshops in pursuance of the said order of the E.M.E. Records, Secunderabad have been quashed and it has directed that the applicants in the applications before the Tribunal be placed in their revised scale of pay as per Office Memorandum dated March 13, 1984 numberionally with effect from May 13, 1982 and that the actual benefit be allowed with effect from November 1, 1983.
569 and 570 of 1986 to the applicants and to fix their pay in terms of the orders of the Central Government dated March 13, 1984 and July 3, 1984.
569 of 1986 and 570 of 1986 pending before the Tribunal.
In respect of draughtsmen who fulfilled the requirement relating to the period of service mentioned in the said Office Memorandum dated 19th October, 1994 on the relevant date the question whether their recruitment qualifications were similar to those in the case of draughtsman in C.P.W.D. would number arise and they would be entitled to the revised pay scales as granted to the draughtsmen in C.P.W.D. irrespective of their recruitment qualifications.
But in respect of those draughtsmen who did number fulfil the requirement relating to the period of service prescribed in para 2 of the office memorandum dated 19th October, 1994 the question whether their recruitment qualifications are similar to those prescribed for draughtsmen in C.P.W.D. is required to be companysidered for the purpose of deciding whether they are entitled to the benefit of the revision of pay scales as per the office memorandum dated March 13, 1984.
22016 of 1993 has been filed against the judgment and order dated June 23, 1993 of the Hyderabad Bench of the Tribunal in O.A.No.
A Writ Petition Civil Order No.5023 W of 1985 was filed in the Calcutta High Court by some of the draughtsmen employed in the Ordnance Factories in the State of West Bengal.
WITH CIVIL APPEAL NO.2125 33/93, S.L.P. C NOS.8593 94/87, 22016/93, REVIEW PETITIONS C NOS.857 58/91 J U D G M E N T C. AGRAWAL.
On the basis of the report of the Third Pay Commission, the pay scales of Draughtsmen employed in the Central Public Works Department for short C.P.W.D. of the Government of India were revised in the following manner Draughtsman Grade I Rs.425 700 ii Draughtsman Grade II Rs.330 560 iii Draughtsman Grade III Rs.260 430 The said employees in the C.P.W.D. were number satisfied with the said revision and were claiming that they should have been placed on higher pay scales.
8593 94 of 1987.
140 of 1992 filed by applicants who were employed as draughtsman in the Ordnance Factory at Edumelaram in Medak District of Andhra Pradesh.
The said Writ Petition was disposed of by the High Court by order dated October 8, 1985 whereby the respondents in the said writ petition were directed to forthwith implement the Office Memorandum dated March 13, 1984 as well as the order of Ministry of Defence dated July 3, 1984 to revise the pay scales in accordance therewith.
On the said applications the Tribunal, on September 10, 1987, passed an order for setting up of an expert companymittee to examine the recruitment qualifications of draughtsmen in the Ordnance Factories and to examine as to whether they can be treated as similar to or higher than the recruitment qualifications of Draughtsman Grade II in C.P.W.D. An Expert Committee was set up in pursuance of the said order of the Tribunal and it submitted its report dated December 4, 1987 wherein the Expert Committee opined that the recruitment qualifications of draughtsmen in the Ordnance Factories is neither similar to number higher than the recruitment qualifications for Draughtsman Grade II in the C.P.W.D. The said report of the Expert Committee was assailed by the applicants before the Tribunal by filing Miscellaneous Applications, being M.A. Nos.94 and 94 A of 1988 in D.A. Nos.
111 of 1986 and O.A.No.
Relying upon the judgment dated April 21, 1987 of the Jabalpur Bench of the Tribunal in T.A.A.No.
2125 33 of 1993 but since the said SLPs are directed against the judgment of the Jabalpur Bench of the Tribunal dated April 21, 1987 which forms the basis for the judgments of other Benches of the Tribunals in other companynected matters, we have taken up SLPs Nos.
The benefit of this revision of scales of pay under the office memorandum dated 19th October, 1994 has been given retrospectively with effect from the same dates as was given by the Office Memorandum dated March 13, 1984, i.e., from May 13, 1982 numberionally and actually from 1st November, 1983.
Special Leave Petition Civil No.
Review Petitions Nos.
In accordance with order of the Ministry of Defence dated July 3, 1984 orders were passed on August 14, 1984 and February 15, 1985 revising the pay scales in accordance with the Office Memorandum dated March 13, 1984 but by a subsequent order of E.M.E. Records dated October 30, 1986 on the basis of which other orders were passed by the respective Commandants of the Base Workshops the said orders were rescinded and the benefit of the revised pay scales which had been extended was withdrawn.
C.A. Nos.
The benefit of this revision of scales of pay would be given with effect from 13.5.82 numberionally and actually from 1.11.83.
Sd Shyam Sunder Under Secretary to the Government of India By the said office memorandum, the Government of India, after companysidering the request of the staff side that the scales of pay, allowed to the Draughtsmen Grade I, II III working in C.P.W.D. on the basis of the above Award of Board of Arbitration may be extended to Draughtsmen Grade I, II III irrespective of their recruitment qualifications in all Government of India offices, has decided that Draughtsmen Grade I, II III in offices departments of the Government of India other than in C.P.W.D. may also be placed in the revised scales of pay on the basis of the award subject to certain minimum period of service as mentioned in the clauses a , b and c in para 2 of the Office Memorandum.
Thereupen, the Ministry of Defence on July 3, 1984 issued an order whereby the user organisations were requested to take necessary action in terms of para 2 of the Office Memorandum dated March 13, 1984.
8593 94 of 1987 were directed to be listed after the decision in A. Nos.
Though by order dated April 7, 1994 S.L.P. Nos.
The draughtsmen employed in departments other than C.P.W.D. claimed the revision of their pay scales in the light of the revision of pay scales in the C.P.W.D. and on March 13, 1984 the Government of India, Ministry of Finance Department of Expenditure , issued an Office Memorandum whereby it was directed that the scale of pay of Draughtsmen Grade III, II, I in the office Department of the Government of India, other than the P.W.D., may be revised as per revised scales for C.P.W.D. provided their recruitment qualifications are similar to those prescribed in the case of Draughtsmen in C.P.W.D. and those who do number fulfil the said qualifications would companytinue in the pre vised scales.
This dispute was referred to a Board of Arbitration.
Following the decisions of the Jabalpur and Calcutta Benches aforementioned, the Hyderabad Bench of the has directed that the pay of the applicants, other than applicants Nos.
Civil Appeal No.
Another application DA 87/86 was also filed by some of the draughtsmen before the Jabalpur Bench of the Tribunal.
While the matter was thus pending companysideration before the Ordnance Factory Board, a Writ Petition was filed in the Madhya Pradesh High Court by draughtsmen employed in the Ordnance Factories situated in that State and after the companystitution of the Central Administrative Tribunal for short the Tribunal , the said writ petition was transferred to the Jabalpur Bench of the Tribunal and it was registered as TAA 111/86.
9840 40A of 1991 filed by the Union of India and others against the said judgment of the Tribunal were dismissed by order of this Court dated July 29, 1991.
1443 of 1993 has been filed by the Union of India and Others against the said judgment of the Tribunal.
