SANGEET LODHA,J. - (1.) HEARD learned counsel for the petitioner.
(2.) THIS writ petition is directed against order dated 6.9.11 of Central Administrative Tribunal(CAT), Jodhpur Bench, Jodhpur, whereby an original application preferred by the petitioner questioning the validity of clause 2(a) of order dated 3.3.04 and Corrigendum dated 27.3.06 substituting para 3(d) of order dated 20.5.03, placing the individuals who got promotion by way of passing trade test etc. en bloc senior to those who got promotion as a result of restructuring of cadre of Artisan staff in Defence Establishment, in relaxation of condition of passing trade test etc., stands dismissed. The relevant facts in nutshell are that the petitioner was initially appointed to the post of Mate on 11.8.82. Later, he was reclassified as Line Man(SK). The petitioner was promoted to the post of Cable Jointer High Skilled (HS)-II w.e.f. 16.1.91 after passing the requisite trade test. The petitioner was within the zone of consideration for promotion to the post of Cable Jointer HS-I against the vacancies for the year 1993, however, he was not permitted to appear in the trade test on account of pendency of disciplinary proceedings. Later, the disciplinary proceedings were dropped but the trade test was not conducted till 1997 for the promotion to the post of Cable Jointer HS-I. The petitioner appeared in the trade test in the year 1997 for the clubbed vacancies of the year 1994 to 1996 but could not qualify the test. Consequently, the persons junior to the petitioner in the cadre of HS-II, who qualified the test were promoted to the post of Cable Jointer HS-I.
(3.) LATER , vide order dated 20.5.03 issued by the Government of India, Ministry of Defence, the cadre of Artisan Staff in defence establishment was restructured. The post of HS-II and HS-I were ordered to be merged with a new designation of HS in respective Group/Trades, which was to carry pay scale of 4000- 6000. The merger was treated to have come into effect w.e.f. 1.1.96.;