RAM BABU SINGH vs ORDNANCE FACTORY on 4 November 2026

1. The General Manager Ordnance Factory Ministry of Defence Government of India Muradnagar (U.P.) Email: ofm.ofb@nic.in

2. Union of India Through the Secretary Government of India Ministry of Defence South Block, New Delhi Email: uoidhc@gmail.com

3. Ministry of Defence, Government of India Department of Defence Production Directorate of Ordinance Coordination and Services 10-A, S. K. Bose Road, Kolkata- 700 001 Email: ofdc.ofb.@nic.in

4. Yanta India Limited Head Quarters, Ordnance Factory Ambajhari Amravati Road Ambarjhari Nagpur, Maharashtra- India Pin- 440021 Email: yil.hq@yantrainida.co.in

5. Institution of Mechanical Engineers, (India), Hasmukh Bhawan, Plot No. 24, Behind CIDCO Office, Near Hiranandani Park Sector-4, Khargar, Navi Mumbai Maharashtra- 410 210 Email: info@imeindia.in

.... RESPONDENTS

(By Advocate : Mr. Ashish Rai)

ORDER (ORAL)

Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

The present OA has been filed by the applicant seeking a direction to the respondents to recognise his qualification as a valid and eligible qualification for the purpose of promotion to the post of Chargeman and also to promote him to the post of Chargeman.

2. Learned counsel for the applicant submits that the applicant was serving as a Technician in the Ordnance Factory, Muradnagar. He submits that upon completion of three years of service, the applicant became eligible for consideration for promotion to the next post, i.e. Chargeman. However, for promotion to the said post, the candidates are required to possess a Diploma from an AICTE-recognised institute. The applicant had completed his Diploma from IME, Mumbai, but the respondents were not considering the said qualification as an eligible qualification for promotion. The applicant had, therefore, approached the respondents by way of a representation, which came to be rejected vide order dated 14.03.2023. The said rejection order is under challenge in the present OA.

3. Learned counsel for the applicant, at the outset, submits that the very same issue had been raised by other identically situated candidates before the Mumbai Bench of this Tribunal in OA No. 605/2013, which was allowed in favour of the applicants therein. He further submits that the applicant had also initiated Contempt Petition No. 29/2023 in the matter.

4. Learned counsel further submits that during the contempt proceedings, the respondents decided to implement the directions issued by the Tribunal as a one-time measure. Accordingly, an order dated 13.10.2026 has been issued, whereby the competent authority has taken a conscious decision to accept the Technician Engineer Certificate issued by IME as an equivalent qualification to a three-year Diploma in Engineering.

5. Learned counsel for the applicant would submit that the aforesaid decision dated 13.10.2026 is equally applicable to other similarly situated candidates, including the applicant herein, as he has also completed the same course from IME. He, therefore, submits that the said decision deserves to be implemented in the applicant's case as well, in its true spirit.

6. Learned counsel for the respondents, on being queried, has also verified that such a decision has indeed been taken by the competent authority.

7. In view of the aforesaid decision taken by the competent authority, we deem it appropriate to dispose of the present OA with a direction to the respondents to extend the benefit of the decision dated 13.10.2026 to the applicant herein as well, by treating his qualification obtained from IME, Mumbai, as equivalent to a three-year Diploma in Engineering.

8. Accordingly, the present OA is disposed of with a direction to the respondents to extend the benefit of the decision dated 13.10.2026 to the applicant herein as well, by treating his qualification obtained from IME, Mumbai, as equivalent to a three-year Diploma in Engineering. Furthermore, the applicant shall also be considered for grant of consequential promotion to the post of Chargeman from the date his immediate junior was promoted, in terms of the directions issued by the Mumbai Bench of this Tribunal in OA No. 605/2013. For the sake of ready reference, the relevant directions contained in paragraph 8 of the said order, as reproduced below, shall also be taken into consideration by the respondents while extending the aforesaid benefit to the applicant.

8. In these circumstances, these OAs are allowed to the aforesaid extent. The respondents are directed to examine each individual’s case and pass orders within a period of six weeks and for the eligible applicants, the subsequent relief in respect of promotion shall be granted. If on such examination if the applicants are found eligible, the result of the applicants shall be declared for the post in question and if they are found to fall within required merit and suitable for the post in question, the applicant shall be entitled for promotion from the date from which their immediate juniors have been promoted and relevant fixation of pay keeping in view the immediate juniors. The applicants shall not, however be entitled for arrears of pay. There shall be no order as to costs.

9. Let the aforesaid exercise be completed within a period of two months from the date of receipt of a copy of this order.

10. The OA stands disposed of in the above terms. Pending MA, if any, also stands disposed of. There shall be no order as to costs.

(Dr. Sumeet Jerath) (Harvinder Kaur Oberoi) Member (A) Member (J)

/nk/