Kuldip Singh, J. - (1.) Special leave granted.
(2.) This appeal is a sequel to the chequered litigation, over a period of two decades, between members of the Indian Ordnance Factories Class III Service (the Service). The first round of litigation was concluded in favour of K.K.M. Nair and others, the appellants, on July 28, 1986 when the special leave petitions filed by the Union of India, against the judgment of Madhya Pradesh High Court were dismissed by this Court. As a consequence the Director General Ordnance Factories (DG) issued an order dated February 20/25, 1987 granting benefits to the appellants towards seniority in different grades of the Service. S. K. Chattopadhyay and others, the respondents, who were not parties to the earlier litigation, challenged the order dated February 20/25, 1987 before the Central Administrative Tribunal. The Tribunal by its judgment dated February 14, 1991 allowed the application of S.K. Chattopadhyay and others and set aside the order dated February 20/25, 1987. This appeal by K.K.M.Nair and others is against the judgment of the Central Administrative Tribunal, Jabalpur.
(3.) The recruitment and seniority of the members of the Service are governed by the statutory rules called "Indian Ordnance Factories (Recruitment and Conditions of Service of Class III Personnel) Rules, 1956 (the Rules). Rules 3(1), 8 and 12 of the Rules which are relevant are reproduced hereunder: "3(1). The Class III personnel service in the Indian Ordnance Factories to which these rules shall apply consists of the posts of the following grades, namely: Foreman (including Foreman / Design). Storeholder Assistant Foreman Assistant Storeholder Chargeman, Grade I (including Chargeman, Grade I/Design) Chargeman, Grade II Supervisor, Grade 'A' Supervisor, Grade 'B'. 8(1) Appointments by promotion shall be made by the Director-General on the basis of selection lists prepared for the different grades by the duly constituted Departmental Promotion Committees. (2) Such Selection lists shall be prepared:- (a) In respect of appointment to the grade of Foreman, Storeholder, Assistant Foreman, Assistant Storeholder by the Departmental Promotion Committee II consisting of the Director-General and two officers of the Directorate General, Ordnance Factories nominated by the Director-General; (b) In respect of appointments to the grade of Chargeman, Grade I, and Chargeman, Grade II, by the Departmental Promotion Committee III (Central) consisting of the Deputy Director-General, Ordnance Factories and two officers of the Directorate-General, Ordnance Factories nominated by the Director-General after perusal of the recommendations of the Departmental Promotion Committee III (Factories) which shall be set up in each Factory and shall consist of the Superintendent of the Factory and two other gazetted officers of the Factory nominated by the Director-General; and (c) In respect of appointments to the grades of Supervisor 'A' and 'B' Grades by the Departmental Promotion Committee III (Factories) consisting of the Superintendent of the Factory and two other gazetted officers of the Factory nominated by the Director-General. (3) The Departmental Promotion Committee shall meet periodically at least once a. year and as more often as may be necessary and shall prepare for each grade and category in order of merit a list of names of persons considered at for promotion. (4) A vacancy to be filled by promotion shall be filled by persons on the approved list strictly in the order in which names are arranged in that list provided that (i) appointments to. the grade of Supervisors, Grade 'A' shall normally be confined to employees in the particular Factory in which the vacancy has arisen; and (ii) in respect of appointment to other posts the next person on the list working in the Factory in which the vacancy has arisen may be appointed out of turn if the vacancy is not likely to last for more than nine months. 12. No appointment to the posts to which these rules apply shall be made otherwise than as specified in these rules". ;