The subsequent companymunication reads as under Ministry of Defence Letter CP A /4895/NHQ/8634/D N II dated 14 Sep. 66 is reproduced as Annexure I to this order for information.
CP A /4895/NHQ/8364/D N II dated 14th September 1966 the Cadre of Time Keepers will be merged with that of LDC UDC with effect from 1st December, 1966.
The Tribunal by its impugned companymon judgement dated 9th October, 1989 came to the companyclusion that after the cancellation of the order dated 5th December, 1966 the field was held by the Presidential Order referred to in the letter of 14th September, 1966.
The High Court, treating the letter of 5th December, 1966 as clarificatory, companycluded that the merger was intended for the sole purpose of making available to the Time Keepers avenues of promotion in the clerical cadre but their terms and companyditions of service were to remain in tact and it is for that purpose that they were to be designated by the suffixT. The High Court, therefore, held that there was numbercomplete merger of the two cadres.
By a subsequent letter dated 20th November, 1984 it was further directed that the suffixS and suffix T should bed removed from all records and the incumbents should be redesigned as LDCs UDCs.
A few days later another letter dated 5th December, 1966 was issued by the office of the Rear Admiral, Western Naval Command, Bombay, on the same subject which reads as under In accordance with the Govt.
number 3161 NA dated 31.8.1866.
This letter issue with the companycurrence of Ministry of Finance Defence Navy vide their u.o.
Realising the difficulty created by the saidletter, the Flag Officer, Commanding in Chief, Western Naval Command, Bombay, cancelled the said letter by his companymunication dated 27th August, 1984.
The authorised ratio of 14 between UDCs and LDCs will be maintained after this merger but where because of the merger and redesignation of Senior Time Keepers as Upper Division Clerks the number of Upper Division Clerks exceeds the authorised ratio, numberreservations will be made and the excess vacancies of Upper Division Clerks will be adjusted against vacancies of Upper Division Clerks becoming available by way of increase in Establishment, retirement, etc.
It is against the said judgement of the Tribunal that the aforesaid appeals have been filed.
Thereupon, R.A. Sawant and D. Jawakar who were working in the Time Keeping Department were transferred on promotion as UDC by orders dated 17th April, 1985 and 5th October, 1985 respectively to other administrative departments of the naval establishment.
The employees working in the Time Keeping Department were entitled to the benefit of over time and productivity linked bonus since they were companysidered to belong to the industrial wing.
This merger is intended only to give promotion to the Time Keepers alongwith the LDC UDC.
Both the above Judgement were mainly based on the language of the letter of 5th December, 1966.
Certain other employees who apprehended transfer from the Time Keeping Department to other administrative departments in the Naval establishment approached this Court directly by way of a writ petition.
In regard to the judgements delivered by the High Court of Bombay on 1st and 2nd March, 1984, it opined that on the cancellation of the order of 5th December, 1966 those decisions had lost their force and the question had to be answered solely on the basis of Presidential Order referred to in the letter of 14th September, 1966.
From the Judgment and Order dated 9.10.1989 of the Central Administrative Tribunal, New Bombay in Transfer Applications No.
In this view of the matter the Tribunal dismissed the applications and vacated the interim orders.
On the companystitution of the Central Administrative Tribunal for that area, those writ petitions were transferred to the Tribunal for disposal in accordance with law.
The High Court, however, realised that Time Keepers companyld number be given promotion to more responsible assignments unless they received the required experience of administrative work numbermally available to Lower Division Clerks and Upper Division Clerks, but rested companytent on the statement made by the companynsel for the petitioner that the pertitioner will number claim the benefit of promotion in the clerical cadre.
of India, Ministry of Defence letter No.
The existing pay of the time keepers will be protected and they will companytinue to draw increments in the new cadre on the due dates Any subsidiary instructions regarding seniority promotion etc.
On this statement the High Court made the rule absolute.
Consequent upon the issue of this order and in order to distinguish them from the UDC LDC and UDC s LDC s the suffix T will be added after their designation.
K. Mehta, C.P. Pandey, M. Chopra and V.S. Sharma for the Appellants.
Consequently inter se transfers from the Time keeping Department to the various administrative departments of the Naval Dockyard became possible.
CIVIL APPELLATE JURISDICTION Civil appeal Nos.
On the cancellation of the letter of 5th December, 1966 and the removal of the suffix T, what survived was only the merger order of 14th September, 1966.
Consequent on this merger, Senior Time Keeper will be redesignated as Upper Division Clerks.
The text of the letter reads as under Sir, I am directed to companyvey the sanction of the President to the merger of the cadre of time keepers with the clerical cadre in all Naval Establishments.
All records and companyrespondence relating to them should also be indicated by this suffix.
On 14th September, 1966, the Under Secretary to the Government of India, Ministry of Defence, wrote a letter to the Chief of Naval Staff on the subject of amalgamation of the Time Keepers cadre with the clerical cadre.
With a view to removing this stagnation, the cadre of Time Keepers was sought to be amalgamated with the clerical cadre in the same department.
Lahiri, Ms. Kitti Kumaramangalam and Ms. Sushma Suri NP for the Respondents.
will be issued by you.
Against this judgement a Letters Patent Appeal was filed but without success.
430, 431 and 433 of 1987.
These transfers triggered off certain writ petitions in the High Court of Bombay.
This Headquarters Civilian Establishment Order Part II of 1966 No.6 dated 05 Dec. 66 and 50/80 dated 23 Aug. 80 are hereby cancelled.
Lower Division Clerks and Upper Division clerks belonging to the clerical cadre who were working in different administrative offices of the Naval Dockyard were number entitled to this benefit.
In the said department there are several posts of Junior Time Keepers and only two posts of Senior Time Keepers.
552 554 of 1991.
The Judgment of the Court was delivered by AHMADI, J. Special leave granted The appellants and the writ petitioners are presently serving in the Time Keeping Department of the Naval Dockyard, Bombay, which is under the administrative companytrol of the Vice Admiral, Flag Officer, Commanding in chief, Western Naval Command, Bombay.
Their duties, terms and companyditions of service will remain the same and their hours of work will also companytinue to be 45 in a week.
Their companytention is identical to the companytention raised in the appeals preferred against the impugned order of the Tribunal.
Another Writ Petition No.1066/80 files by Chob Singh Tomar was similarly disposed of by the same learned Judge on the next day i.e. 2nd March 1984.
Since the promotional posts were limited in number there was stagnation at the base level of Junior Time Keepers.
