Thursday, 23 October 2014

DIWALI WISH TO ALL THE GROUP B GAZETTED OFFICERS OF OFORGANISATION

PRESIDENT AND GENERAL SECRETARY OF NDGBGOA WISHES

 ALL THE GROUP B GAZETTED OFFICERS AND THEIR FAMILY

 OF ORDNANCE FACTORY ORGANISATION

 A HAPPY,PROSPEROUS AND SAFE DIWALI.







Tuesday, 21 October 2014

UPLIFTMENT OF GROUP B GAZETTED CADRE BY NDGBGOA

To
All the JWM’s and members of NDGBGOA.

                 Sub: NDGBGOA struggle for uplifting the JWM cadre status and prospects.
Dear Friends,
As per the discussions of the GS/IOFGOA on several occasions in different places with NDGBGOA Office bearers, our Association had taken a forward step to coordinate all the four Associations for the common cadre related issues. NDGBGOA had taken a perspective step to fight jointly with OFB and MOD to solve the legitimate demands of the entire cadre and called joint meeting at OFBA to discuss and to reach a common point agenda.
In the interest of the middle management cadre only NDGBGOA had taken the above responsibility. The way OFB had proposed pay scales to CM and JWM cadre in their 7th CPC proposal is going to be affected adversely to the entire cadre. Instead of coming forward the entire matter was politicized by IOFGOA in their published letter in the IOFGOA website and copy sent through e mail to NDGBGOA. Entire cadre (CM, JWM, PS and Sr. PS) are well aware that the way pay scales/GP are implemented in the 6th CPC and the way   injustice was done to the entire cadre. However it is our prime responsibility to bring the facts to the notice to the entire cadre.

1.           Our Association had written several letters to MOD regarding several cadre related issues. General Secretary and other Office bearers of NDGBGOA visited MOD and discussed the cadre related points with Secretary and Jt. Secretary of MOD.  Due to the continual efforts of NDGBGOA Ministry had agreed for a joint meeting with OFB. On 24.10.2013 for discussing the cadre points. Subsequently a joint meeting was organized at OFB under the chairmanship of Smt. Kusum Singh ji, Joint Secretary/Ministry of Defence and with OFB officials. In the meeting elaborate discussions were taken place on several cadre related issues. In the meeting NDGBGOA requested   Jt. Secretary /MOD to call a joint meeting with both the Associations i.e. NDGBGOA and IOFGOA to solve the pending/burning cadre related issues. On our systematic efforts only on 22.01.2014, a joint meeting was held with MOD and OFB officials at OFB and both NDGBGOA and IOFGOA Associations were called for the meeting.

2.           Due to the efforts and struggles of the NDGBGOA the joint meetings are started with OFB and MOD. The way OFB had submitted the 7th CPC proposal was seriously condemned by NDGBGOA on 01.09.2014 meeting. Our Association had also pointed out the way SAG scale recommended to apex scale by comparing with 5th and 6th CPC’s and with other departments and also pointed out that whereas JWM’s are having more GP in 4th CPC (RS 2375 for JWM erstwhile FM and AWM RS 2200) the same was not reflected in the OFB 7th CPC proposal. For other points like cadre review proposal, transparent transfer policy and separate forum for JWM etc. also OFB had not reacted properly. The way OFB discussed the points shows in the meeting that OFB is not interested to solve the   legitimate demands of the entire middle management cadre. The meeting was concluded within half an hour without addressing all the points by DGOF and Chairman/OFB. Then only NDGBGOA had decided and immediately given protest note and demanded for separate meeting after coming out from the meeting.
3.           It is also known fact that due to failure of the recognized associations approach in the previous pay commissions (4th CPC, 5th CPC and 6th CPC) our cadre had not got   the justified pay scales {in 4th CPC JWM erstwhile FM pay scales is RS 2375 and  for AWM  RS 2200, in 5th CPC the JWM pay scale was recommended as RS 7450 and brought down below to AWM pay scale i.e. RS 8000, in the 6th CPC the same anomaly  was  continued and JWM GP was further degraded by merging the Group B Gazetted post with Group B Non- Gazetted post}. The NDGBGOA had submitted the dogmatic pay structure and properly elevated   the pay scales of the JWM cadre in the 7th CPC, comparing with previous pay commissions and demanded to keep the JWM pay scale above to AWM pay scale with proper justification and the same was published by the branch associations of NDGDBGOA in the respective factories.
Our NDGBGOA had filed the following different court cases.
1.    Pay Fixation of CM  & JWM   (O.A no.-1004/2010) at CAT Jabalpur-
After merging of cadres, NDNGSA has taken up the Fitment table case at CAT, Jabalpur for CM and JWM. As per 6th CPC Recommendation, Chargeman should be fixed at 6500 X 1.86= 12090 and JWM at 7450 X 1.86=13860 in the Pay Band which was not implemented. As it is a double bench case it is being delayed and the final hearing of the case is on 3RD DECEMBER 2014.

2. Nature of Work of JWMs (OA No-1212/2012 and 1763/2013) at CAT, Madras Bench-    After merging of posts, JWMs were forced by their General Manager to perform the duties of Chargeman without any financial benefit of OTA,NDA and Bonus. In this regard all the branches of NDGBGOA had submitted Memorandum to the DGOF with following demands on 15/05/2012.
a) Clear instruction on nature of work of JWM (whether Managerial or Supervisory).
b) Removal of description MINISTERIAL (Clerical) CADRE from SRO of JWM
c)      Granting OTA, NDA, and BONUS to JWM cadre.
d)     JWM should be placed at grade pay of 5400 in PB III.
e)      Increase in AWM posts for maintaining hierarchy in OFB.
f)       Time scale promotion of JWM.
As OF Board was silent to our important issues, NDGBGOA/CFA Branch had approached to Honorable CAT, Madras Bench (O.A No- 1212/2012). Honorable CAT passed an order on 15/10/2012 and directed OF Board to issue suitable order. OF Board has issued a speaking order on 13/08/2013 in which it has been mentioned that JWM will be HOS (Managerial) as well as shop floor level supervisor without any financial benefit due to Gazetted Officers. After receiving the speaking order from OFB, NDGBGOA/CFA Branch has challenged it in CAT, Madras Bench (OA no- 1763/2013) in the month of December 2013 claiming financial benefit of OTA, NDA and Bonus to JWM cadre. Now O.F. Board has submitted its reply to our O.A no- 1763/2013. Next week it will be submitted at CAT/Madras Bench through Govt. Advocate and we will get the date of hearing after which we will expect an order from Honorable CAT. The final hearing in this case is expected to be completed within two months.

3. Violation of S.R.O 227 Stopping of DR AWM without filling Promotion Quota from JWM to AWM (OA NO-852/2013 and 310/00955/2014 ) at Honorable CAT, Madras  – It is a matter of concern that for a long period OF Board has taken Direct Recruited AWM without granting equal promotion from JWM which is against the S.R.O of Group A cadres. In this regard NDGBGOA/HAPP branch filed the case at CAT Chennai and Honorable Tribunal passed an interim order on 26th June 2013(O.A no-852/2013). As a result OFB has published promotion from JWM to AWM in last year. But without granting exact no of  promotion from JWM to AWM, OF Board has made further advertisement for recruitment of AWM vide Examination notice 6/2014published on 22.03 2014. It is appreciated that NDGBGOA/HAPP Branch again approached the Honorable tribunal. Honorable Tribunal passed a stay order in appointment to Direct Recruitment AWM (O.A.No. 310/00955/2014)The next hearing is on 23rd November 2014.
  
4. Cadre Review of JWMs (O.A.No-871/2013 and contempt case no.310/00083/2014)at Honorable CAT,Madras Bench- NDGBGOA had submitted a detailed cadre review proposal to MOD and OFB. Our Association had demanded Justified Cadre review for JWM cadres at Grade pay of 5400 and 6600. But OFB had recommended contrary to our demands. NDGBGOA/OFT Branch had filed a court case against O.A. No.871/2013 and honorable tribunal passed an order and directed DGOF/OFB for passing an order to the representation and complete within two months. As OF Board was silent spectator towards the Honorable CAT order,NDGBGOA/OFT Branch has moved a contempt application against OF Board (OA.No.-310/00083/2014) as a result DGOF/OFB has called Sri K.K.Velaudhan, Secy./NDGBGOA/OFT Branch  for a personnel hearing at OF Board on 17/10/2014 in which he has submitted a representation on Cadre Review which is published in our Blog. The next hearing of the contempt of case is on 19th November 2014.
5. Restoration of one increment for CM and JWM’s ( O.A. No381/2014) at Honorable CAT,Mumbai-
The incremental benefit Granted to Chargeman and JWMs those have promoted from CM-II to CM-I and AF to JWM within 01/01/2006 to 30/09/2008 were withdrawn by OF Board. Regarding this NDGBGOA/AFK Branch was seeking all the information from PC of A, MOD and DOP&T. As the matter was not resolved by OF Board, NDGBGOA/AFK Branch has approached to Honorable CAT Mumbai against O.A. No381/2014.The hearing of the case at CAT Mumbai is on 14th November 2014.

                    It is revealed with the way IOFGOA written letter that either they are not aware the recognition rules and regulations of the ASSOCIATIONS nor they are not interested to fight for the middle management cadre.
 Shri Choubey the then GS/AIANGO had written letters to MOD and OFB for continuing JWM’s in the AIANGO Association. The NDNGSA had also taken up the matter with MOD and OFB for continuing the JWM’s and CM in one Association. In this regard MOD and OFB had not agreed and stated that as per the Recognition rules both are distinct category and not supposed to continue in one Assn.
Now GS/IOFGOA is writing that the integration of four Associations. When once the same was not agreed by OFB and MOD again raising the same issue is nothing but ……….., however we are leaving the same to his wisdom only.
After taking lot of efforts the JWM’s of NDNGSA had decided to form a new Association. After systematic approach with the members and previous work of NDNGSA the JWM cadre had supported to NDGBGOA and ultimately within a span of one year NDGBGOA had got MOD recognition against the letter no. 4(7)2012/US(G)/962/d(JCM)/2013 Dated 5th July 2013.        
But whereas some of the merged JWM’s of AIANGO are not in a position to form a new Assn and entered through back doors in the IOFGOA (old) Association GB meeting at Jabalpur by sabotaging the senior office bearers of that assn and captured the IOFGOA (existing) Assn.
History will be never change. The way GS/IOFGOA letter shows that, he is so innocent and not having any responsibility for the degradation of entire cadre.  All the members and especially senior JWM’s are very well aware that the way systematic victimization was done to this entire cadre in the previous pays commissions. It is well known fact that in the JWM cadre only the posts are merged in the 6th CPC. But whereas posts like Matron and Hindi Officer pay scales are elevated to RS 5400 those were at 6500 in 5th CPC.
In 2010 after implementation of 6th CPC, IOFGOA had filed at Court case at CAT, Jabalpur O.A. No.776 of 2010 (against the merger of AF and JWM posts and higher GP for senior JWMs) and the contents of the case is as follows:
In the O.A the IOOFGOA prayer is that
                     i.            to direct the respondents to implement the revision of pay rules in respect of JWMs working in the Ordnance Factories of India in letter and spirit.
                   ii.            To direct the respondents to grant pre-revised pay scales of RS. 7500-12000 and the corresponding pay Band PB-2 and grade pay of RS 4800 to JWMs;  and after a period of 4 years to grant them pre-revised pay scale of Rs. 8000-13500/- with all consequential benefits including difference in the arrears of pay with 18% interest as per recommendation in Annexure A-6.
                  iii.            To direct the respondents not to merge the post of AF which is a Group-C Supervisory post with the post of JWM, this is a Group-B Gazetted ministerial post.
The way IOFGOA prayer clearly reveals that AF  are Group-C Supervisory post and they need not to be equated with Group B Gazetted ministerial post  without knowing the meaning of ministerial cadre.
                Ultimately they could not succeed the Court case and the Hon’ble CAT, Jabalpur not accepted the plea of IOFGOA and case was lost/dismissed.

                GS/IOFGOA had written in his letter regarding merging of the Associations. The NDGBGOA is not having any objection that if IOFGOA Office bearers resign their posts or abolishes their Association and join in the NDGBGOA as a member. But NDGBGOA sincerely request that ‘fight for the cadre’ and our sincere request that please don’t make a path to repeat the past (injustice done for the entire cadre in 4th, 5th and 6th CPC’s) history   in the 7th CPC also.
With the above we honestly request to entire Group B (Gazetted) cadre that they should be more vigilant for not to repeat the previous history to our cadre (the way FM was re-designated as JWM by removing OT and bonus, non-filling of JWM to AWM legitimate promotion quota from 2002 onward and systematic victimization by degrading the cadre and giving less pay packages from 4th, 5th and 6th CPC etc.) and request to co-operate to NDGBGOA for achieving the better pay packages please.

(JAIGOPAL SINGH)
General Secretary/NDGBGOA


Copy to:
1) General Secretary/IOFGOA                        }
2) General Secretary/AIANGO                   }              for information please.

3) General Secretary/NDNGSA                  }

Sunday, 19 October 2014

COURT CASE DETAILS OF NDGBGOA AT DIFFERENT BRANCHES

COURT CASE DETAILS OF NDGBGOA AT DIFFERENT BRANCHES

DEAR MEMBERS,

NDGBGOA has formed by the co operation of many sincere JWMs those were serious about the cadre and Organization. Their sincerity and hard work could begin NDGBGOA in the year 2012 and achieved Government recognition in the year 2013 within a span of one year. All the Office bearers were well determined to make the cadre in a respectful position in the organization. Therefore NDGBGOA has started its action plan from beginning of its formation and started submitting memorandum to OF Board in Different vital issues. When important issues were not settled by OF Board, Branches of NDGBGOA were forced to approach Honorable CAT for resolving the issues. It is a real fact that members and Office bearers of NDGBGOA has got a strong determination and clear vision for result oriented work to uplift the cadre and organization. It is informed that most of important court case hearing is in the month of November 2014.The detail position of all the court cases are furnished here for your information.

1.      Pay Fixation of CM  & JWM   (O.A no.-1004/2010) at CAT Jabalpur-
     After merging of cadres, NDNGSA has taken up the Fitment table case at CAT, Jabalpur for CM and JWM. As per 6th CPC Recommendation, Chargeman should be fixed at 6500 X 1.86= 12090 and JWM at 7450 X 1.86=13860 in the Pay Band which was not implemented. As it is a double bench case it is being delayed and the final hearing of the case is on 3RD DECEMBER 2014.
2. Nature of Work of JWMs (OA No-1212/2012 and 1763/2013) at CAT, Madras Bench-     After merging of posts, JWMs were forced by their General Manager to perform the duties of Chargeman without any financial benefit of OTA,NDA and Bonus. In this regard all the branches of NDGBGOA had submitted Memorandum to the DGOF with following demands on 15/05/2012.
a) Clear instruction on nature of work of JWM (whether Managerial or Supervisory).
b) Removal of description MINISTERIAL(Clerical) CADRE from SRO of JWM
c)      Granting OTA, NDA, and BONUS to JWM cadre.
d)     JWM should be placed at grade pay of 5400 in PB III.
e)      Increase in AWM posts for maintaining hierarchy in OFB.
f)       Time scale promotion of JWM.
As OF Board was silent to our important issues, NDGBGOA/CFA Branch had approached to Honorable CAT, Madras Bench (O.A No- 1212/2012). Honorable CAT passed an order on 15/10/2012 and directed OF Board to issue suitable order. OF Board has issued a speaking order on 13/08/2013 in which it has been mentioned that JWM will be HOS (Managerial) as well as shop floor level supervisor without any financial benefit due to Gazetted Officers. After receiving the speaking order from OFB, NDGBGOA/CFA Branch has challenged it in CAT, Madras Bench (OA no- 1763/2013) in the month of December 2013 claiming financial benefit of OTA, NDA and Bonus to JWM cadre. Now O.F.Board has submitted its reply to our O.A no- 1763/2013. Next week it will be submitted at CAT/Madras Bench through Govt. Advocate and we will get the date of hearing after which we will expect an order from Honorable CAT. The final hearing in this case is expected to be completed within two months.

3. Violation of S.R.O 227 Stopping of DR AWM without filling Promotion Quota from JWM to AWM (OA NO-852/2013 and 310/00955/2014 ) at Honorable CAT, Madras  – It is a matter of concern that for a long period OF Board has taken Direct Recruited AWM without granting equal promotion from JWM which is against the S.R.O of Group A cadres. In this regard NDGBGOA/HAPP branch filed the case at CAT Chennai and Honorable Tribunal passed an interim order on 26th June 2013(O.A no-852/2013). As a result OFB has published promotion from JWM to AWM in last year. But without granting exact no of  promotion from JWM to AWM, OF Board has made further advertisement for recruitment of AWM vide Examination notice 6/2014published on 22.03 2014. It is appreciated that NDGBGOA/HAPP Branch again approached the Honorable tribunal. Honorable Tribunal passed an stay order in appointment to Direct Recruitment AWM (O.A.No. 310/00955/2014). The next hearing is on 23rd November 2014.
  
4. Cadre Review of JWMs (O.A.No-871/2013 and contempt case no.310/00083/2014)at Honorable CAT,Madras Bench- NDGBGOA had submitted a detailed cadre review proposal to MOD and OFB. Our Association had demanded Justified Cadre review for JWM cadres at Grade pay of 5400 and 6600. But OFB had recommended contrary to our demands. NDGBGOA/OFT Branch had filed a court case against O.A. No.871/2013 and honorable tribunal passed an order and directed DGOF/OFB for passing an order to the representation and complete within two months. As OF Board was silent spectator towards the Honorable CAT order,NDGBGOA/OFT Branch has moved a contempt application against OF Board (OA.No.-310/00083/2014) as a result DGOF/OFB has called Sri K.K.Velauthan,Secy./NDGBGOA/OFT Branch  for a personnel hearing at OF Board on 17/10/2014 in which he has submitted a representation on Cadre Review which is published in our Blog. The next hearing of the contempt of case is on 19th November 2014.
5. Restoration of one increment for CM and JWM’s ( O.A. No381/2014) at Honorable CAT,Mumbai-
The incremental benefit Granted to Chargeman and JWMs those have promoted from CM-II to CM-I and AF to JWM within 01/01/2006 to 30/09/2008 were withdrawn by OF Board. Regarding this NDGBGOA/AFK Branch was seeking all the information from PC of A, MOD and DOP&T. As the matter was not resolved by OF Board,NDGBGOA/AFK Branch has approached to Honorable CAT Mumbai against O.A. No381/2014.The hearing of the case at CAT Mumbai is on 14th November 2014.
Most of the hearings of our cases are in the month of November and December-2014. Our Association expects favorable order from the Honorable tribunals.
All are requested to convey the above details regarding our court cases to our JWM cadres.

General Secretary

    NDGBGOA

Monday, 13 October 2014

CONTEMPT CASE BY NDGBGOA/OFT BRANCH FOR CADRE REVIEW OF JWMs

DEAR MEMBERS,

AS OF BOARD WAS NOT SERIOUS ABOUT THE CADRE REVIEW OF JWM, NDGBGOA/OFT BRANCH HAS FILED CONTEMPT OF CASE  FOR THE CADRE REVIEW OF JWMs WHICH WAS ORDERED AT HONORABLE TRIBUNAL ON 18TH JUNE 2013 (OA NO-871/2013). OF BOARD HAS NOT COMPLETED THE CADRE REVIEW OF JWMs WITHIN SPECIFIED TIME  PERIOD AND MOREOVER THE CADRE REVIEW WAS RETURNED BACK FROM MINISTRY WITHOUT ANY FRUITFUL RESULT. IT IS INFORMED TO ALL THE MEMBERS THAT THE DGOF & CHAIRMAN HAS CALLED SHRI K.K.VELAUTHAN, SECRETARY/NDGBGOA/OFT BRANCH WHO ALSO HOLD THE POST OF VICE PRESIDENT/CE FOR A PERSONNEL HEARING AT OFBOARD ON 17/10/2014(FRIDAY) AT 1100 HRS.

THIS FOR INFORMATION TO ALL MEMBERS,

GENERAL SECRETARY

Saturday, 27 September 2014

DEAR FRIENDS,

         DUE TO NON- RECEIPT OF ANY CONFORMATION FROM  GS/ IOFGOA & GS/ AIANGO REGARDING MEETING CALLED AT OFBA ON 28/09/2014, THE MEETING IS POSTPONE & THE NEXT DATE WILL BE DECLARED VERY SOON.

                                                                                          GS/NDGBGOA

LETTER FOR RESTORATION OF PAY FIXATION.






CONTEMPT OF COURT BY NDGBGOA/OFT BRANCH ON CADRE REVIEW OF JWM

 CONTEMPT OF COURT BY NDGBGOA/OFTRICHY BRANCH


IN THE CENTRAL ADMINISTRATIVE TRIBUNAL AT CHENNAI
C.A. No.                       of 2014
In
O.A.No.   871      of 2013

1.  National Defence Group “B” Gazetted Officers Association,
     Ordnance Factory Trichy Branch
     Tiruchirappalli, TamilNadu - 620016
     Represented by its Secretary
     K.K. Velayudhan (Per.No.891402)
     Junior Works Manager/ Ordnance Factory,
     Tiruchirappalli, TamilNadu – 620016
2.  J.Gowrishankar (Per No. 891362)
      Junior Works Manager, Ordnance Factory ,
      Tiruchirappalli, TamilNadu – 620016                                                                   ...  Applicants                                                      
- Vs -
     
1.    Mr. R K Mathur, (Additional Charge)
       THE SECRETARY
       Ministry of Defence,
       Deptt. Of Defence Prodn. & Supplies,
       South Block, New Delhi.

2.    Mr. Ratan P Watal
       THE SECRETARY
       Ministry of Finance, Deptt. of Expenditure,
       New Delhi.

3.    Mr. MC Bansal
       THE CHAIRMAN
       Ordnance Factory Board
       10-A, Shahid Khudiram Bose Road
        Kolkata – 700 001.
                                                                                               
4.    Mr. B P Babu
       THE GENERAL MANAGER
       Ordnance Factory, Tiruchi,
       Tiruchirappalli
       TamilNadu – 620016                                            ... Respondents



PETITION FOR CONTEMPT OF COURT – CIVIL
The above named Applicants begs to state as follows: -
1.Particulars of the Applicants: -
i.      Name of the Applicants:
1.  National Defence Group “B” Gazetted      
     Officers Association,  Ordnance Factory
     Trichy Branch, Tiruchirappalli,
     TamilNadu - 620016
      Represented by its Secretary
      K.K. Velayudhan (Per.No.891402)
      Junior Works Manager/ Ordnance  
      Factory,  Tiruchirappalli,
      TamilNadu – 620016

2.   J.Gowrishankar (Per No. 891362)
      Junior Works Manager,
      Ordnance Factory , Tiruchirappalli,
      TamilNadu – 620016
ii.     Name of Father / Husband:
iii.    Age of the Applicants:
iv.  Office in which employed and
       Designation:
2.     Particulars of the Respondents: -
i.     Name of the Respondents:
ii.    Father’s name:
iii.   Age
iv. Office in which employed and
     designation   



1.    Mr. R K Mathur, (Additional Charge)
       THE SECRETARY
       Ministry of Defence,
       Deptt. Of Defence Prodn. & Supplies,
       South Block, New Delhi.

2.    Mr. Ratan P Watal
       THE SECRETARY
       Ministry of Finance, Deptt. of Expenditure,
       New Delhi.
                                                                   
                                                                  Contd.....3
Page-3

3.    Mr.MC Bansal
       THE CHAIRMAN
       Ordnance Factory Board
       10-A, Shahid Khudiram Bose Road
        Kolkata – 700 001.

4.    Mr. B P Babu
       THE GENERAL MANAGER
       Ordnance Factory,
       Tiruchirappalli
       Tamil Nadu – 620016.             


1.            The Applicants submit that they are the Applicants herein as well as in the main Original Application and as such they are well aware of the facts of the case stated below.
2.            The Applicants filed the above OA for issuing suitable orders directing the 3rd respondent to pass orders on merits on the representation of the applicants dated 09-06-2012 and 24-11-2012 on the grievances of their members regarding the Cadre Review of Junior Works Managers in the 3rd respondent Ordnance Factory Board, if necessary, by providing the 1st Applicants an opportunity of hearing on their grievances. The 1st Applicant is the Secretary of National Defence Group “B” Gazetted Officers Association, Ordnance Factory Tiruchirappalli Branch, and to pass such other or further order or orders in the interest of justice.  The applicants also filed an M.A.No.356/2013 to join together and file the above O.A. by them.
3.            The 1st Applicant is the Secretary, National Defence Group “B” Gazetted Officers Association,  Ordnance Factory Tiruchirappalli Branch the 2nd Applicants is its member representing all the other members of the association as the members of the association is having  common grievances as ventilated in the above O.A.     The respondents failed to look into the genuine background of the.

applicants on the basis of their representation dated 09.06.2012 and 24.11.2012 as it affected the working condition and monetary benefits and future prospects of the cadre.  The respondents having re-designated the cadre in 1994 from Non-Gazetted to Gazetted status but reducing their pay-scale status that was prevailing till that period above the group “A” entrants pay-scale became highly arbitrary and not sustainable. 
4.            The respondents have maintained an erroneous SRO for JWMs in which the status of JWMs has been shown as “ministerial” which means clerical staffs, while the cadre is originally discharging “managerial” duties.  The Direct recruitment to the cadre of JWM is made through UPSC with an essential qualification Degree in Engineering/ technology but the respondents maintaining this “inferior” status for JWM caused to implement lower pay status for the cadre by the recent 5th & 6th CPCs. Misguided by the above position, the 6th CPC also recommended merging of this “Managerial” Gazetted cadre along with supervisory cadre of Non-Gazetted group. The respondents  In their report dated 27.08.2014 submitted to 7th CPC  vide No.02/7th CPC/Q/PCC wherein vide para 5.15.2 agrees that “the post of JWM was wrongly treated as one of the supervisory levels.  But The fact is that JWM do perform the managerial role at the shop floor and offices in OFs”. The 6th CPC was implemented with effect from 01.01.2006 now the respondents come forward and revealing the truth that the merging was wrongly done. The applicants are morally affected and also put to financial loss from 01.01.2006 onwards, the effect date of 6th CPC, and thus the applicants approach this court of law for justice. The respondent in their report submitted to 6th CPC as mentioned above vide para 5.15.3 also agrees that “ Further ,the merger of 5010 numbers of Asst.Foreman with JWM has adversely affected the promotional prospects of JWMS” and vide para 5.15.4  of the report the respondent proposes to create two posts in between JWM and AWM  such as Section Manager and Sr.Section Manager. The applicant  submit that the above creation of posts (2746 in PBII with GP 5400/- and 1000posts in PBIII with GP5400) is a unilateral decision by OFB, neither they have           

considered to increase the AWM posts as  warranted as per DOPT norms and as per the recommendation of Cadre Review Committee, nor they have considered the suggestions in the proposal submitted by  the applicants Association.
5.            The applicants further submit that their organization has 41 Ordnance Factories spread all over India which is controlled by Ordnance Factory Board, functioning under Ministry of Defence, comprising of the various category of employees as elaborately stated in the above OA. The applicants submit that there has been no change ever happened in respect of the structure of other   cadres, other than that of applicants in the past, as any change / cadre review is decided after ample discussions in various JCM forums for those cadres.  Similarly the carrier prospects of Group “A” officers are being taken care by submitting timely proposals directly to DOPT/MOD as desired by them time to time being of organizational executive capacities rested upon themselves.  Whereas the applicants are having no such platforms of JCM forums and their proposals are framed unilaterally by the respondents without considering the suggestions of the affected cadre’s Associations and forwarded directly to DOPT/MOD and not being dealt with proper attention or discussed with the affected cadre and often the proposals are designed as per their whims and fancy for whom the applicants cadre is the feeder category and the same attitude is still continued by the 3rd respondent i.e OFB.  As per Recruitment Rule and SRO 227 of AWM (Asst. Works Manager, which is an entry post to Group “A” cadre), 50% posts are filled through promotions from the applicants cadre of JWM and 50% through Direct Recruitment through UPSC, being the case, the present strength of IOFS consists of  only 326 promotes out of the total strength of 1717.   Also the Respondents, consider JWM cadre as “Managerial Cadre” as far as the duties and functioning are concerned in order to share their responsibilities, but maintains an SRO/RR as “Ministerial” on record, which is different from actual, there by misguiding the MOD the 1st Respondent, so that the carrier prospects are decided by MOD or CPC based on the above erroneous status.
                                                                                                                                                                            The UPSC vide their advertisement no 08/2013 dated  8-14 June 2013 through Employment News has mentioned Duties of JWM as follows:
“DUTIES:  A Senior Group ‘B’ (Gazetted) post having duties of managerial nature.  A JWM is required to work as a Head of Section/Workshop/Office or a Group in the Workshop/Section/Office and be fully responsible for proper working of the Group allotted to him.  For this duties and responsibilities, he is to report to Divisional Officer who is a Group ‘A’ Officer”.  From the above, it is evident  that  the  Respondent  treated  the  JWM cadre as “Managerial” cadre.
6.            The applicants, without having any platform for constitutional representation, their grievances were never heard by the respondents and their STATUTORY RULES AND ORDERS (SRO) and RECRUITMENT RULES (RR) were framed by the respondents without considering to the merits of the cadre in respect of duties & responsibilities  and their status were maintained as “Ministerial” and “Supervisory” while the duties of JUNIOR WORKS MANAGER’s are of “Managerial” nature with essential Qualification as Engineering Degree as UPSC selection criteria for DR to the post.  The applicants further submit that the 6th CPC, referring to the above erroneous SRO/RR, recommended for Merging of JWM (Group ‘B’ Gazetted) with supervisory cadre of Asst. Foreman (Non-Gazetted) which is now realized by the respondent as “wrongly done”.
7.  The merging of the Gazetted post of JWM with the Non-Gazetted post of Assistant Foreman(AF) which was implemented by order dated 04-02-2011, but till date the SRO provisions to that effect has not been formulated leading to adverse impact on the career prospects of the JWMs.  After merging the total strength of JWM is 7694 Nos against the pre-merged strength of 2764. This abnormal ratio warrants the increase in the number of posts in the immediate promotional avenue available for JWM i.e. AWM.                                                                                 
8. The existing ratio between JWM & AWM promotional quota is 7694 : 185 (40 : 1) This is phenomenally abnormal. The steepness causes frustration and adversely affects the effectiveness of

the organisation at a critical level.  Legally it is violation of Article 14 & Article 16 of the Constitution as adequate promotional opportunities do not exist. Viewed from any angle the ratio between the  JWM and AWM(PROMOTEES) is required to be changed. As per DOPT norms it is 3-5 times of higher grade in case of selection method of promotion and by that norm the required number of AWM posts is  to be increased to 1200 at a minimum for promotion quota alone.  In spite of the above  position, the respondents while accepting merging as a mistake, never showed any interest  to increase the strength of AWM.
9.            The applicants further state that the Govt. Has ordered to conduct cadre review to all departments in the year 2011 vide DOPT order No.35034/9/2010 (D) Dated 10th February 2011 but till date the Cadre Review has not been finalised by the respondents. This is because the applicants have not been provisioned with any representation in JCM and there is no need for the respondents to answer the applicants with responsibility as such the applicants carrier prospects  are at the mercy and whims of the Group “A” IOFS Cadre, who is the cadre controlling authority and every proposal for cadre review/SRO amendment etc are proposed unilaterally without considering the suggestions put forth by the affected cadre of JWM. The applicants therefore made their first representation to the respondents on 09-06-2012 followed by a detailed representation on 24.11.2012 and various memorandum by their Associations from all over India  with legitimate back grounds explaining how they are entitled to the cadre review as pleaded by them with facts and figures as elaborately stated therein.  The injustice borne to the applicants cadre was in 1994 (During 4th CPC) was elaborately stated in paras 4.8 to 4.13 of the Original Application filed by the applicants, which they crave leave of this Hon’ble Tribunal to read it as part and parcel of this contempt application in the interest of justice.
10.          The applicants submit  that the present position of their cadre’s degradation imposed on   them gradually over a period of years by the respondents, who were empowered to formulate and


Propose  Recruitment Rules/SRO, without having any reference with respect to duties, functions,
   
responsibilities and various criteria like promotional avenues, the proposals of the affected cadre of applicants and also by maintaining erroneous SRO, RR etc., were intentionally creating adversities to this cadre for the last 20 years since 1994 and brought this cadre to a most deteriorated condition in respect of pay and status, while other lower cadres in other departments have upgraded lower posts to higher status through proper cadre reviews ie even from NGO status to Group ‘A’ gazetted status, (Hindi Officer, Asst. Nursing Superintendent in CGHS). The applicants Association NDGBGOA have submitted various memorandums requesting the respondents to consider the suggestions while formulating  the cadre review, and to take into consideration  the Govt. Scheme of ACP/MACPs  as a minimum benchmark. But the respondent has made a unilateral proposal which if implemented will have further adverse effect on the cadre.  Hence the applicants crave to pray  the honourable Tribunal for the followings:
i)                    To intervene and direct the respondents to complete the cadre review by considering the suggestions of the affected cadre such as, to take the Govt. scheme of ACP/MACP as bench mark for the cadre review, and to fix the JWMs pay Band/Grade pay above AWM similar to the position prevailed 20 years before i.e. in the year 1994 and to effect the Historical hierarchy. The carrier prospects of the applicants had been kept stagnated intentionally for long period due to the “merging” of JWM Gazetted cadre with Asst.Foreman NGO cadre which the respondent realises now as “wrongly done”. Due to this merger, the pay of a JWM, a managerial cadre has come down than that of an industrial employee who was 3 to 4 stage below JWM which position never existed till 5th CPC. It is pertinent to mention here that the Apex court has also observed that the pay of  supervisor cannot be lesser than that of a person being supervised. The Applicants submit that the  injustice due to merging is borne  by the cadre from 01.01.2006 and hence  the relief also is  to be allowed to them from 01.01.2006.

As is the case of cadre review of Industrial Employees which was implemented already in the year 2012 with retrospective effect from 01.01.2006 by the respondents.
ii)                   To rectify the erroneous entries in the existing SRO/RR of JWM and implement the present cadre review with respect to functional requirement of the organisation. The respondents has          
“ merged”  the applicants’  cadre of “Managerial” nature with Supervisory cadre by maintaining an erroneous  SRO with “ministerial” status.Due to the  “merging” the number of JWM post have substantially increased to more than three  times  of  the  previous  strength  and  thus  the present  cadre  review  should  increase  the numbers of   promotional post of AWMs proportionately. The 3rd respondent have not yet increased the number of AWM post proportionately  as per the norms of DOPT and also as mentioned by the cadre review committee, hence the applicants pray this honourable court to direct the 3rd respondent to increase the promotional post proportionately and to implement the promotions as per SRO 227. 
iii)           To direct the respondent to ensure shop floor Training to all the Direct Recruit AWMs and to conduct written and practical test at the end of the probation period as stipulated in the SRO 227 of AWMs, as their practical exposure during their training period at NADP Ambajhari is nil and the stipulations in the SRO 227 is not being followed and hence the competency of the officer is not made accountable.
iv)           The present cadre review should consider the recommendation of “Residency period stipulated for each post by the 6th CPC as per the merit and duties and functions of the cadres, including the benefit of Non Functional up Gradation as done for Group “A” in case of non availability of vacancies for promotion .
11.          The respondents, inspite of the best efforts by the applicants, have not passed any orders on the merits of  their representations which greatly prejudiced them.    Under the above circumstances


the applicants have approached this Hon’ble Tribunal by filing O.A.No.871 of 2013 to get redress of their grievances in the interest of justice.  
12.          The Applicants submit  that this Hon’ble Tribunal was pleased to pass final orders in the above O.A.No.871 of 2013  on 18-06-2013 while deciding the M.A.No.356 of 2013 filed for joining  together to file a single OA and directing the 3rd respondent to consider and dispose of the representation of the applicants dated 09-06-2012 and 24-11-2012 after giving an opportunity of hearing to the 1st Applicants, in accordance with law, within a period of two months from the date of receipt of copy of the order.  On behalf of the respondents Mr. S. Muthuswamy, Senior Standing Counsel for Central Government took  notice at the time of disposal of the O.A.
13.             The Applicants submit that the copy of the order was made ready by the registry   on      03-07-2013 and delivered to their counsel thereafter.  The respondents Counsel also received the copy of the order subsequent to which in turn should have been communicated to the respondents. The Applicants sent to the 3rd respondent a representation dated 20-12-2013 along with the copy of the order of this Hon’ble Tribunal made in the above OA.  The Applicants also communicated the order to the 3rd respondent   along with their letter dated 20/22-12-2013 through proper channel, namely through the 4th respondent, which was received and acknowledged in his office on 23-12-2013.  The Applicants also approached the 3rd and 4th respondents in person on several occasions and requested them to consider their suggestions on cadre review (submitted memorandum vide dated 20-12-2013) and pass appropriate favourable orders on their grievances and to propose a meaningful cadre review.     The Applicants submit that even after the lapse of more than eleven months the respondents have not passed any orders on the representation of the Applicants dated 09-06-2012 and 24-11-2012 and they were not officially called for any hearing on their grievances.  The applicants are constantly put to great mental agony and their working psychology is badly

affected by the ill treatment received by them at the hands of the respondents in their work.  The Applicants submit that the act of the Respondents herein in not obeying the orders of this Hon’ble Tribunal amounts to flouting the same.  The Respondents are duty bound to obey the directions issued by this Hon’ble Tribunal and their contemptuous act of not implementing the same is actionable under section 17 of the Administrative Tribunals Act, 1985 and punishable under section 4 of the Contempt of Courts Act.
14.          The Applicants therefore pray that this Hon’ble Tribunal may be pleased to punish the Respondents for contempt of Court for not obeying the orders of this Hon’ble Tribunal made in M.A.No.356/2013 and O.A.No.871 of 2013 dated 18-06-2013 and direct the Respondents to pass orders on merit on the representations of the Applicants and pass such other or further order or orders in the circumstances of the case and in the interest of justice.
Dated at Chennai this the 28th day of August 2014.


Counsel for Applicants                                                                                                   Applicants