ORDER (ORAL)
Hon'ble Mr.Ashish Kalia, Member(J)
The applicant has approached this Tribunal by seeking the following reliefs:
"(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 20.04.2015 (Annex. A/1) and order 9.6.15 (Annex. A/2) declaring to the effect that the same are illegal, arbitrary, against the rules and discriminatory in the eyes of law and consequently pass an order directing the respondents to restore the
appointment/promotion of the applicant to the post of chargeman from the same date with all the consequential benefits, including arrears of different of pay and allowances.
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(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation."
2. The applicant is working as a Semi-Skilled Worker since 10.5.2010 and was subsequently appointed to the post of skilled Worker w.e.f. 10.5.2012 and has been further promoted after passing of the Impugned order to the post of Highly Skilled-II worker w.e.f. 10.5.2015 and is working on the same post. In the year 2014, the respondent No.3 invited the application to the post of Chargeman (Technical/Non Technical) under Limited Departmental Competitive Examination (in short LDCE). It is submitted that person in all categories of skilled workers with 2 years experience in the grade and having three years diploma in respective field, were eligible for consideration. The written test was conducted on 20.12.2014/23.12.2014 and the applicant was declared as qualified with 103 marks and on the same very date, vide order dated 27.01.2015,
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he was given offer of appointment as per Annexure A/3, which was accepted and he joined the said post on
27.1.2015.
3. The respondent No.3 vide order dated 20.04.2015 cancelled the appointment/promotion of the applicant to the post of Chargeman. In the Impugned Order, the reason for reversion of the applicant has been given that the Institution of Mechanical Engineers (India), Mumbai, from where he qualified his Diploma is not in list of approved Institution by AICTE. Although, Ministry of Human Resource Development, vide order dated 2.4.2012 (Annex.A/5) also clarified that the courses run by IME (India) Mumbai are approved by AICTE and certificates awarded by the IME (India) are valid for employment in Central Government, on 9.5.2011 (Annex.A/6), All India Council for Technical Education (AICTE) also clearly held that the qualification (Degree/Diploma) acquired from the Institution of Mechanical Engineers India, Mumbai will
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be recognized for employment in Central Government.
4. Notices were issued and respondents put appearance through Mr. Piyush Gaur, learned counsel. They filed reply. In Paras 1, 2, 8 and 9 of their reply, they have averred as under:
"1. In the Ordnance Factories organization, there is a post of Chargeman (Technical/Mechanical) with Pay Scale Rs. 9300-34800 + Grade Pay Rs. 4200/-. The essential qualification for the post of Chargeman
(Technical/Mechanical) as per the SRO No. 66, dated 27-05-2003 is "must possess three years diploma or equivalent qualification certificate in respective field duty affiliated by AICTE (All India Council for Technical Education). A true copy of SRO No. 66 dated 27.05.2003 is annexed herewith as Annexure No. R-1.
2. That in the year 2014, the Ordnance Factory Board, Kolkata (a controlling authority for all ordnance factories) vide their letter no. 2982/LDCE/CM (T&NT)/2014/PER/NG, dated 03.07.2014 issued directions to all Ordnance Factories including the Respondent Factory i.e. Ordnance Factory, Dehradun to fill the vacancies of Chargeman (Technical/Non
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Technical) through Limited Departmental Competitive Examination (in short LDCE). A true copy of the order No. 2982/LDCE/CM(T&NT)/2014/PER/NG, dated 03.07.2014 is annexed herewith as Annexure No. R-2
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8. That in response to the AICTE, New Delhi letter dated 10.03.2015 mentioned above under Para No. 7, AICTE (Western Regional Office), Mumbai vide their Letter No. F. No. 22-2189/2015/39336/37, dated 27.03.2015 intimated that the name of Institute of Mechanical Engineers (IME), Mumbai does not appear in the list of approved institution by AICTE. A true copy of the letter dated 27.03.2015 is annexed herewith as Annexure No. R-8.
9. That since AICTE (Western Office) Mumbai vide their letter dated 27.03.2015 confirmed regarding non- affiliation of IME, Mumbai with AICTE, the promotion given to the Applicant to the post of Chargeman
(Tech./Mech.) was cancelled vide Office Order No. 818, dated 20.04.2015 citing the reference of AICTE (Western Regional Office) Letter dated 27.03.2015. A true copy of the order No. 818, dated 20.04.2015 is annexed herewith as Annexure No. R-9."
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5. Respondents have annexed Annexure No. R/8, letter dated 27.03.2015, by the Director & Regional Officer of AICTE, which reads under :-
"This has reference to your letter No. 54/West/2015 dated 10.03.2015 where in this office has been asked to inform recognition status of Mechanical Engineers, Navi Mumabi. In this reference we have to inform that as per records, this Institution does not appear in list of approved Institution by AICTE."
6. The issue raised in the OA is whether the applicant is eligible to the post after having the certificate from IEM, Navi Mumbai, India. This matter went before the Hon'ble Supreme Court in M.A. No. 2367/2018 in C.A. No. 17922 of 2017 where, it is observed that:
"44. However, the fact remains that the equivalence to the Certificates awarded by the appellant was granted by the MHRD in consultation with AICTE upto 31.05.2013 as is evident from Notification dated 06.12.2012 issued by the Central Government and Public Notice issued by AICTE in August, 2017.
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These communications also indicate that all those students who were enrolled upto 31.05.2013 would be eligible for consideration in accordance with MHRD office memorandum/order in course. Though we have laid down that the Certificates issued by the appellant on successful completion of its bi- annual examination to its Members cannot be considered to be equivalent to a Degree, an exception needs to be made in favour of students enrolled up to 31.05.2013 and benefit in terms of the Notification dated 06.12.2012 and Public Notice as aforesaid ought to be extended to such candidates. The candidates had opted to enrol themselves so that they could appear at the examinations
conducted by the appellant under a regime which was put in place by the Central Government itself and the course content as well as the curriculum were reviewed by the AICTE. However, the
aforementioned Notification and Public Notice were clear that after 01.06.2013 the concerned orders granting equivalence would cease to have any effect.
45. In the circumstances we do make an exception in favour of such candidates enrolled upto 31.05.2013 and declare that the conclusions drawn in the present matter will
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apply after 01.06.2013. The Certificate awarded by the appellant to such candidates enrolled upto 31.05.2013 shall be considered equivalent to a Degree in Mechanical Engineering for the purpose of employment in Central Government."
7. The applicant's certificate has been placed on record by the respondents, which was issued in June, 2008. Thus, the certificate issued by IEM, Navi Mumbai is valid for those candidates, who are enrolled prior to 2013. It is admitted case of the applicant that he got certificates in the year 2008. Thus, for all practical purposes, the applicant's Degree is valid.
8. We are of the considered view, that the impugned orders dated 20.04.2015 and 09.06.2015 are liable to be set aside and hence set aside. The respondents are directed to consider the case of the applicant for the post of Chargeman w.e.f. from the date it was granted i.e. 10.05.2015, when he was due for consideration to the next
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post. The applicant shall also be entitled for all consequential benefits. This exercise shall be completed within a period of eight weeks from the date of receipt of certified copy of this order.
9. The OA is disposed of in aforesaid terms with no order as to costs.
(Dr.Anand S. Khati) (Ashish Kalia) Member(A) Member (J)
/Kk/sb/
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