G.S.Rajkumar v. The Registrar
2025:MHC:61
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2025 CORAM :
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE M.JOTHIRAMAN G.S.Rajkumar ..
Petitioner in WP.20122 of 2022 M.Kalaiselvan ..
Petitioner in WP.20125 of 2022 v.
1 The Registrar Central Administrative Tribunal Madras Bench, Chennai 600 104 2 Union of India Rep by its Secretary Ministry of Defence Department of Defence New Delhi 110 001 3 The Chairman and DGOF Ordinance Factory Board 10/A, S.K.Bose Road Kolkatta 700 001 4 The Senior General Manager Heavy Vehicle Factory Avadi, Chennai 600 054
5 The General Manager Heavy Alloy Pentrator Project (HAPP) HAPP Township, Trichy 620 025 .. Respondents in WP.20122 / 2022 1 Union of India Rep by its Secretary Ministry of Defence Department of Defence New Delhi 110 001 2 The Chairman and DGOF Ordinance Factory Board 10/A, S.K.Bose Road Kolkatta 700 001 3 The Senior General Manager Heavy Vehicle Factory Avadi, Chennai 600 054 4 The General Manager Heavy Alloy Pentrator Project (HAPP) HAPP Township, Trichy 620 025 5 The Junior Works Manager LB-II, Heavy Vehicle Factory Avadi, Chennai 600 054 6 The Registrar Central Administrative Tribunal Madras Bench, Chennai 600 104 .. Respondents in WP.20125 / 2022 W.P.No.20122 of 2022 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to order passed in O.A.No.1094 of 2016 dated 19.09.2018 on the file of 1st respondent and quash the same and consequently direct the 2nd to 5th respondents to promote the petitioner to the
Post of HS-1 from 01.01.2006 and consequently all promotions with all attended benefits and financial benefits, alternatively direct the respondents to reckon the seniority of the applicant from the date of promotion to the post of Electroplater (Skilled) in the 5th respondent organisation i.e. 29.12.1999 and further direct the respondents to grant all attended benefits and financial benefits.
W.P.No.20125 of 2022 is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus,calling for the records pertaining to order passed in O.A.No.1675 of 2016 dated 09.06.2022 on the file of 6th respondent and quash the same and consequently direct 1st to 5th respondents to reckon the seniority of the petitioner from the date of promotion to the post of Fitter (Skilled) in the 4th respondent organisation i.e. 28.05.1993 and further direct the respondents to grant all attended and financial benefits.
For Petitioners ::
Mr.R.Rajesh Kumar For Respondents ::
Mr.R.Rajesh Vivekananthan Deputy Solicitor General of India for R2 to R5 / R1 to R5 in both WPs R1 / R6 - Tribunal in both WPs COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM,J.) The order of the Central Administrative Tribunal dated 19.09.2018 in O.A.No.1094 of 2016 and the order dated 09.06.2022 in O.A.No.1675 of 2016 respectively, are under challenge in the present writ petitions.
2. The petitioner in W.P.No.20122 of 2022 was initially appointed as
Electroplater (Semi-skilled) on 17.09.1997 in the Heavy Alloy Penetrator Project (HAPP) at Tiruchirappalli. He was promoted as Electroplater (Skilled) on 29.12.1999 and Electroplater (Highly Skilled) on 01.03.2003. Similarly, the petitioner in W.P.No.20125 of 2022 was initially appointed as Fitter (Semi-skilled) on 18.02.1991 in the Heavy Alloy Penetrator Project (HAPP) at Tiruchirappalli. He was promoted as Fitter (Skilled) on 28.05.1993 and Fitter (Highly Skilled) on 01.09.2003.
3. Both the petitioners submitted applications seeking permanent transfer to the Heavy Vehicles Factory, Avadi at Chennai. Their request for inter-factory transfer on reversion was considered on compassionate grounds by the respondent organisation and orders were passed on 26.10.2006 and 16.09.2005 respectively. Pertinently, the condition stipulated along with the order dated 26.10.2006 passed in respect of one of the petitioners, stands extracted hereunder:- "HEAVY ALLOY PENETRATOR PROJECT, TIRUCHIRAPPALLI-25 FACTORY ORDER PART-II BY SHRI S.RAVI, I.O.F.S, SR.GENERAL MANAGER
No.1343 Dt.26.10.2006 SUB: INTER-FACTORY TRANSFER ON REVERSION ON COMPASSIONATE GROUNDS --- The under-mentioned transfer on reversion is ordered in the Industrial Establishment with effect from 31.10.2006 (A/N) on compassionate grounds:- S.
No.
Name, P.No.& T.No.
Transferred from/Design. & Scale Transferred to/Design. & Scale G.S.Rajkumar 1153/STP/003 HAPP / TRICHY Electroplater/Highly Skilled (1000 100 6000) HVF, AVADI, CHENNAI (on reversion to Skilled Grade) Electroplater/Skilled (3050-75-3950-804590) Since the transfer is of permanent nature and has been ordered in the individual's own request on compassionate grounds, he will not be eligible for any TA/DA, joining time, etc. His seniority in the post of Electroplater/Skilled will be reckoned only from the date of joining duty at Heavy Vehicles Factory (HVF), Avadi, Chennai.
(Smt.Anupma Tripathi) Jt.General Manager/Admin.
For Sr.General Manager"
4. The petitioners accepted the conditions stipulated in the interfactory transfer on reversion and joined the Heavy Vehicles Factory at
Avadi. They were serving for about ten years and thereafter submitted applications claiming seniority by reckoning the service rendered by them in the HAPP at Tiruchirappalli. The said request was rejected by the HVF Administration. Thus the petitioners preferred original applications before the Central Administrative Tribunal, Madras Bench. The Tribunal considered the issues and dismissed the original applications on the ground that the petitioners accepted the inter-factory transfer orders along with the conditions imposed therein.
5. The learned counsel for petitioners would submit that the said order of the year 2006 itself is in violation of the Rules and therefore, the petitioners are entitled for the relief.
6. We are unable to accept the said contention, in view of the fact that the said orders remained unchallenged. Rather the petitioners joined the transferred place at HVF, Avadi and served for about ten years and thereafter claimed seniority. The petitioners, having accepted the conditions imposed in the transfer orders, cannot turn around and claim seniority
contrary to the conditions accepted by them. That being so, we do not find any infirmity in the orders passed by the Central Administrative Tribunal and consequently the said orders stand confirmed and the writ petitions are dismissed. No costs.
Index : yes (S.M.S.,J.) (M.J.R.,J.) 02.01.2025 ss To 1 The Registrar Central Administrative Tribunal Madras Bench, Chennai 600 104 2 The Secretary to Union of India Ministry of Defence Department of Defence New Delhi 110 001 3 The Chairman and DGOF Ordinance Factory Board 10/A, S.K.Bose Road Kolkatta 700 001 4 The Senior General Manager Heavy Vehicle Factory Avadi, Chennai 600 054 5 The General Manager
Heavy Alloy Pentrator Project (HAPP) HAPP Township, Trichy 620 025 6 The Junior Works Manager LB-II, Heavy Vehicle Factory Avadi, Chennai 600 054
S.M.SUBRAMANIAM,J.
AND M.JOTHIRAMAN,J.
ss 02.01.2025