UNION OF INDIA AND ORS. versus SURENDRA MOHAN ARORA AND ORS.

Citation: [1994] SUPP. 2 S.C.R. 79 · Decided: 22-07-1994 · Supreme Court of India · Bench: M.N. VENKATACHALIAH · Disposal: Appeal(s) allowed
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Judgment (excerpt)

UNION OF INDIA AND ORS. 
v. 
SURENDRA MOHAN ARORA AND ORS. 
JULY 22, 1994 
IM.N. VENKATACHALIAH, CJ, R.M. SAHA! ANDS. MOHAN, JJ.] 
Service Law-Indian Ordnance Factories Reciuitment and conditions 
of Service (Class Ill) Personnel Rules 1956-Promotio11 to post of Chargeman 
Grade-II-Decision taken to appoint all diploma holders worki1ig as Super-
visor 'B' as Supervisor 'A' i"espective of contpletion of one year ser-
vice-Promotion to Chargeman Grade-II to be i11 accordance with 
Reciuitmellt Rules 011/y-Judgement of Tribunal to treat all initial appoint-
mellts as havi11g been made to post of Supervisor, Grade 'A '-Entitlement to 
be considered for promotion to post of Chargeman Grade-II on basis of two 
years experience as Supervisor Grade 'A '-Validity of 
During the period 1962 to 1966, a number of diploma holders and 
science graduates were appointed in the various Ordnance factories. On 
6.11.62, a circular was issued that all diploma holders who were appointed 
A 
B 
c 
D 
as Supervisor 'B', on completion of one year service in the grade, will be 
entitled to be promoted as Supervisor 'A'. After completion of two years 
E 
of service, they will be eligible for promotion to the grade post of Char-
geman Grade· II. Another circular was issued on 11.3.63 in which a decision 
was taken to appoint all diploma holders working as Supervisor 'B', as 
Supervisor 'A' irrespective of completion of one year service as Supervisor 
'B'. It was also decided that in future promotion of Su!Jervlsor Grade 'N 
to Chargeman Grade-II and further promotion will be effected in accord· 
ance with the Recruitment Rules only. 
F 
By the impugned judgment dated 15.5.89, the Tribunal directed to 
treat all initial appointments irrespective of the fact whether the can· 
didates are diploma holders or Science Graduate as having been made to G 
the post of Supervisor, Grade 'A'. On the basis of two years experience as 
Supervisor 'A', it was directed that the candidates shall be entitled to 
promotion to the post of Chargeman Grade-II on the recommendation of 
a reviewed D.P.C. Hence this appeal. 
Allowing the appeals, this court 
79 
H 
A 
B 
80 
SUPREME COURT REPORTS [1994] SUPP. 2 S.C.R. 
HELD : 1.1. The Tribunal failed to note that several applicants 
before it had joined after January 1980 as Supervisor Grade-II, there was 
such post of Supervisor 'A' at the time of their appointment in 1982-83. As 
a matter of fact the post of Supervisor 'A' has been merged with the post 
of Chargeman Grade- II w.e.f. January 1980. Therefore, promotion to this 
post could be made only after a period of three years. However there could 
not be an automatic promotion on the completion of minimum service as 
prescribed in. the circulars of ordnance factories, but the promotion would 
be made in a,ccordance with the recruitment rules. [82-D-E; 81-F) 
Pa/urn Ramakrishnaiah & Ors. v. Union of India, [1989) 2 SCC 541, 
C relied on. 
1.2. Concerning science graduates, the executive orders did not cover 
them. Therefore, there is hardly an:r. scope for granting relief. (82-F] 
CIVIL ~PPELLATE JURISDICTION : Civil Appeal Nos. 4858-59 
D of 1994. 
From the Judgment and Order dated 15.5.89 of the Central Ad-
ministrative Tribunal, Jabalpur in 0.A. Nos. 198 & 471 of 1987. 
Mrs. K. Amreshwari, Ms. Ameeka Singh and C.V. Subba Rao for the 
E Appellants. ' 
V. Subramanian, P.1. Jose and V.J. Francis for the Respondents. 
The Judgment of the Court was delivered by 
F 
MOHAN J. Leave granted. 
During the period of 1962 to 1966, a number of diploma holders and 
science graduates were appointed in the various Ordnance factories. The 
service conditions of those were governed by Indian Ordnance Factories 
G Recruitment and Conditions of Service (Class Ill) Personnel Rules 1956. 
On 6.11.62, a circular was issued that all diploma holders who were 
appointed as Supervisors 'B', on completion of one year service in the 
grade, will be entitled to be promoted as Supervisor 'A'. After satisfactory 
completion of two years of service, they will be eligible for promotion to 
the grade post of Chargeman Grade-II. Another circular was issued on 
H 11.3.63 in which the decision was taken. to appoint all diploma holders 
U.0.1. v. S.M. ARORA [MOHAN, J.] 
81 
working as Supervisor 'B', as Supervisor 'A' irrespective of completion of A 
one year service as Supervisor 'B'. The fresh recruits from 11.3.63 were also 
appointed straigthway as Supervisor Grade 'A' by circulars dated 28.12.65
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