S.B. Sinha, J. - (1.) A short question which arises for consideration in this application is as to whether the benefit of up-gradation according to bench marks of skilled categories would be calculated on "Authorised Strength and Actual Strength". The respondents were/are working in Rifle Factory, Ichapore. The Central Government issued a Circular as regard fitment of the existing industrial workers in the post of "Highly Skilled Grade-II" and "Highly Skilled Grade-I". The mode and manner of posting in the said posts whether to be made on the basis of actual strength and/or sanctioned strength was doubted. The Central Government answered the query in terms of an Office Memorandum No. 1(2)/80/D(EDC/IC)Wo, Government of India, Ministry of Defence, dated 19th April, 1985 to the following effect:- "Subject : Fitness of Defence Industrial Workers/Hon. Industry workers in the pay scales recommended by the Third Pay Commission. Doubts have been expressed about the manner in which the Government orders contained in Ministry of Defence sanction letter Nos. 3808-23/DS(D&M)/Civ.1/84, dated 15 October, 1984 are to be implemented. The position is clarified hereunder:- JUDGEMENT_65_LAWS_(CAL)_2000.html (2) This issue with the concurrence of Finance Division vide their ID No. 419/Dir(AF/Org.) of 1985. (Rama Krishna) Deputy Secretary to the Government of India."
(2.) It is not in dispute that 'authorised strength' means 'sanctioned strength' and 'posted strength' means 'actual strength'. As despite such clarification relief was not being granted to the 'Machinists' of the Appellant, the application was filed before this Court and the same was transferred to the Central Administrative Tribunal, Calcutta Bench which was marked as T.A. No. 1369 of 86. By a Judgment dated 4th December, 1989, the learned Tribunal held:- "After giving a careful consideration to the facts and circumstances of the case, we find merit in the various contentions of the applicants. The Item (4) of Annexure 'C' is quite clear and unambiguous and speaks of the authorised strength. This clarification was issued by the Ministry in continuation of Annexure 'A' conveying the sanction of the President. We are unable to understand how the office of the DGOF, which is a subordinate office, could issue in structions vide Annexure 'D' directing redistribution of posts to be effected on the basis of 'actual strength' in violation of the Ministry's clarification of the Presidential Order specifying 'authorised strength'."
(3.) Another application was filed by Durgapada Mukherjee and others v. Union of India and others (O.A. 923 of 1990) before the Central Administrative Tribunal, Calcutta Bench on 22nd August, 1994, questioning the decision of the Anomalies Committee set up for ameliorating the service conditions of Industrial Workers under the Ministry of Defence, Government of India, wherein the Appellants claimed implementation of the recommendations of the Anomalies Committee by upgrading certain percentage of posts in skilled grade to High Skilled Grade-II and Highly Skilled Grade-I as per the Presidential Order dated 15th October, 1984 and the subsequent clarificatory order dated 19th April, 1985.;