Jitendra Ram Singh Parmar vs M/o Defence on 15 October 2026

O R D E R

By Mallika Arya, AM:-

This Original Application has been filed by the applicant seeking the relief of setting aside the promotion order dated 31.12.2015, 16.02.2016, 23.03.2016 and 30.03.2016 (Annexure A/3) and rejection order dated 23.12.2015 (Annexure A/5). He has also prayed for a direction to respondents to re-asses the vacancies for the post of Foremen and promote the eligible employees to the post of Foreman with all consequential benefits.

2. The facts of the case are that the applicant is holding the post of Chargeman at AQW(A) and is posted at Nagpur on

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KARUNA GUPTA

transfer from Khamariya Jabalpur. The applicant is aggrieved by the inaction of the respondent authorities in promoting ineligible employees to the next promotional post of Foremen from the post of Chargeman vide orders dated 31.12.15, 16.02.2016, 23.03.2016 and 30.03.2016 (Annexure A/2). As per statutory rules, the private respondents are not entitled to be promoted to the next promotional post of Foremen in absence of essential qualification as per the Recruitment Rules namely 'Department of Defence Production, Group B Gazetted (Technical/Scientific) Post Recruitment Rules, 2007', further amended vide Rules notified dated 10/12/2015. It has been submitted by the applicant that the similarly placed employees have preferred a detailed representation dated 26.11.2015 (Annexure A/3) regarding the aforesaid discrepancy. However, the same was rejected by the authorities vide order dated 23.12.2015 (Annexure A/4). Hence, this Original Application.

3. On the other hand, respondents in their reply have submitted that pursuant to the recommendation of VIth Central Pay Commission, the post of Assistant Foreman (pre-revised Rs. 6500-10500) was upgraded and merged with the post of Foreman (pre-revised Rs. 7450-11500) into a single Grade Pay of Rs.4600 in Pay Band-2 and re-designated as Foreman w.e.f. 01.01.2006.

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KARUNA GUPTA

After merger of the aforesaid posts, the post of Chargeman became the new feeder grade of Foreman thereby requiring framing of new RRs for the post as the existing RRs of 2007 did not deal with promotion to the post of foreman directly from the grade of Chargemen. The revised RRs for the post of foreman were notified vide SRO 53 dated 10.12.2015 in supersession of RRs of 2007. The revised RRs came into force from the date of it’s publication in Gazette of India i.e. w.e.f. 19.12.2015. The eligibility criteria for promotion to the post of foreman from the feeder grade of Chargeman as mentioned under column (11) of the revised RRs is as under:- “Promotion: Chargeman in the Pay Band-2 Rs. 9300-34800 plus Grade Pay of Rs. 4200 with five years regular service in the grade and possesses at least Diploma in Engineering or Degree in Science from a recognized university and having successfully completed mandatory training of two to four weeks in Quality Assurance activities.

Note 1: The Existing incumbents holding the post of Chargeman on regular basis on the date on the date of notification of these rules shall be exempted from possessing the qualification indicated above."

After publication of the revised RRs for the post of Foreman, DPC was held to consider the promotion to the aforesaid post from the feeder grade of Chargeman on 31.12.2015. In terms of Note 1 under column (11) in the schedule of the RRs, the employees who were holding the post of Chargeman on regular basis on the date

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KARUNA GUPTA

of notification of the revised RRs were included in the eligibility list irrespective of their educational qualification. As per recommendation of DPC, promotion orders of the eligible candidates to the post of foreman dated 31.12.2015, 16.02.2016, 23.03.2016 and 30.03.2016 have been issued. As the applicant was holding the post of Chargeman, the RRs of 2007 were not applicable in his case. Further the Department of Defence Production Group B Gazetted (Technical/Scientific) Recruitment Rules 2007 have been superseded with the new RRs notified vide SRO 53 dated 10.12.2015. Further it has been submitted by the respondents that the applicant has not availed the departmental remedy available to him and has directly approached this Tribunal. Therefore this O.A. is not maintainable and is liable to be dismissed.

4. Applicant has not filed any rejoinder to the reply filed by the respondents.

5. We have heard the learned counsel for the parties and perused the pleadings and documents annexed therewith.

6. It is not in dispute that the post of Assistant Foreman got merged/upgraded with the post of Foreman pursuant to the recommendations of the VI Central Pay Commission with effect from 01.01.2006. Consequently, the post of Chargeman became

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KARUNA GUPTA

the feeder post for promotion to the post of Foreman. The revised Recruitment Rules for the post of Foreman were notified vide SRO 53 dated 10.12.2015 and came into force from the date of their publication in the Gazette of India, i.e. 19.12.2015. Under the revised Recruitment Rules, promotion to the post of Foreman was prescribed from the post of Chargeman, subject to the conditions stipulated therein. Note 1 specifically provided that existing incumbent holding the post of Chargeman on regular basis on the date of notification of the Rules would be exempted from the prescribed educational qualification. It is also evident from the respondents' reply that after publication of the revised Recruitment Rules, DPC was convened on 31.12.2015 and promotions were made pursuant to the recommendations of the DPC.

7. The representation dated 26.11.2015 (Annexure A/3) relied upon by the applicant was not his own representation, and the rejection order dated 23.12.2015 (Annexure A/4) has not been passed on any representation given by him. The applicant also failed to approach the competent authority in the respondent department vis-à-vis his grievance. Further, no material has been placed before us to demonstrate that the applicant, despite satisfying the eligibility conditions under the Recruitment Rules applicable on the relevant date, was unlawfully ignored by the

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KARUNA GUPTA

DPC. It is a settled principle that promotion cannot be claimed as a matter of right. The applicant has to establish his own claim for promotion under the applicable rules.

8. Accordingly, we are of the considered view that the applicant has failed to establish any enforceable right to promotion to the post of Foreman or point out any illegality in the promotion orders. Hence, we find no merit in the Original Application. The same is accordingly dismissed. No order as to costs.

(Mallika Arya) (Rajinder Singh Dogra) Administrative Member Judicial Member

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KARUNA GUPTA