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High CourtsDivision Bench(2021) 01 DEL CK 0106

Union Of India & Ors vs V.P. Munghate And Ors

Delhi High Court · Decided on 11 January 2021

HON’BLE JUDGES
Manmohan, J · Asha Menon, J
CASE NUMBER
Civil Writ Petition No. 13491 Of 2019, 3532, 4961, 4963, 5302, 5535, 5538, 5866, 5702, 5741, 5818 Of 2020, Civil Miscellaneous Application No. 54646 Of 2019, 12550, 17908, , 17914, 19149, 19928, 19943, 20600, 20774, 21046, 21190 Of 2020

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Judgment

31 paragraphs · 502 words

Manmohan, J

C.M. APPL. 941/2021 in W.P.(C) 13491/2019

1.

The application has been heard by way of video conferencing.

2.

Present application has been filed to allow the petitioner/department to proceed with further action to fill up the posts of Additional DGOF &

Member, Ordnance Factory Board (hereinafter referred to as OFB) in HAG+ grade as per the extant recruitment rules.

3.

In the present application, it has been averred that due to depletion in the strength of members on account of superannuation and delay in filling up

the vacant posts primarily due to the ongoing litigation, the OFB is presently left with only the Chairman & 2 members including member/finance. It is

also averred that as a consequence, the functions of the Board have been seriously affected for want of quorum and the collective decision making

mechanism of O.F. Board for important policy decisions, reviewing execution of decisions, monitoring progress on performance parameters etc, has

also been adversely affected from December, 2020 onwards.

4.

It is the case of the petitioners that none of the respondents in particular neither Mr. Sh. V P Munghate nor Sh. Musharraf Ali satisfy the eligibility

criteria for promotion to the HAG+ for the vacancy year 2020.

5.

Issue notice.

6.

Mr. Vardhman Kaushik, learned counsel for respondent, accepts notice. He states that the respondents have no objection to the petitioners’

filling up the post of Additional DGOF & Member, OFB in HAG+ grade as per the extant recruitment rules provided the respondents are also

considered.

7.

However, this Court is of the view that the present writ petitions cannot be made infructuous by directing the petitioners to implement the impugned

judgment at this stage. In any event, Mr. Sh. V P Munghate and Sh. Musharraf Ali stood retired on 30th November, 2020.

8.

It is pertinent to mention that the ordnance division of the Indian Army is called the ‘Fourth Arm of Defence’ and the ‘Force behind the

Armed Forces’ of India. The OFB has to ensure uninterrupted production and supply during war time, even if sanctions are imposed by

international powers.

9.

Keeping in view the aforesaid, this Court allows the petitioners department to proceed to fill up the posts of Additional DGOF & Member, OFB in

HAG+ grade as per the extant recruitment rules. It is clarified that if the writ petitions are dismissed, the respondent shall be paid enhanced salaries,

perks and pension in accordance with law.

10.

Accordingly, the present application stands disposed of.

W.P.(C) 13491/2019 & CM APPLs.54646/2019 W.P.(C) 3532/2020 & CM APPL.12550/2020 W.P.(C) 5702/2020 & CM

APPL.20600/2020 W.P.(C) 5741/2020 & CM APPL.20774/2020 W.P.(C) 5818/2020 & CM APPL.21046/2020 W.P.(C) 4961/2020 &

CM APPL.17908/2020 W.P.(C) 4963/2020 & CM APPL.17914/2020 W.P.(C) 5302/2020 & CM APPL.19149/2020 W.P.(C) 5535/2020

& CM APPL.19928/2020 W.P.(C) 5538/2020 & CM APPL.19943/2020 W.P.(C) 5866/2020 & CM APPL.21190/2020

List the present batch of writ petitions for hearing and disposal on 05th July, 2021.

Parties are directed to file their short written submissions not exceeding three pages each within eight weeks.