Central Administrative Tribunal - Ernakulam
Sankar As vs The Secretary Ministry Of Defence New ... on 23 January, 2023
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
ERNAKULAM
Original Application No. 180/00475/2021
Monday, this the 23rd day of January, 2023
CORAM:
Hon'ble Mr. Justice Sunil Thomas, Member (J)
Hon'ble Mr. K.V. Eapen, Member (A)
Sankar A.S,
Aged 34 years, S/o Amruthanandan P,
Santhivanam, Alayil, Nilamel P.O.,
Kollam District-691 535. ..... Applicant
(By Advocate : Mr.V. Premchand)
Versus
1. Union of India,
Represented by the Secretary,
Ministry of Defence,
Government of India, 101-A,
South Block,
New Delh-110 011.
2. The Secretary,
Ministry of Defence,
Government of India,
101-A, South Block,
New Delhi-110 011.
3. The Flag Officer Commanding in Chief
Headquarters, Southern Naval Command,
Naval Base, Kochi-682 004. ..... Respondents
(By Advocate : Mr. C. Rajendran, SPC)
This Original Application having been heard on 09.01.2023, the
Tribunal on 23.01.2023 delivered the following:
OA No.180/00475/2021
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ORDER
Per: Justice Sunil Thomas, Judicial Member -
The applicant had qualified the Trade Test in the trade of Draughtsman(Mechanical) from an Industrial Training Institute in Kerala. Thereafter, he did his apprenticeship in Indian Space Research Organisation (ISRO), Trivandrum during the period 08.09.2010 to 07.09.2011, in Draughtsman(Mechanical), evidenced by Annexures A-3 and A-4 certificates. Thereafter, he worked in a private institution as Draughtsman from 12.09.2011 to 13.05.2014, evidenced by Annexure A5. While so, Indian Navy by notification issued in July 2016, invited applications from eligible candidates with 3 years experience, to the post of Draughtsman(Mechanical) Grade-II, for filling up of 192 vacancies. Annexure A6 is the copy of the said notification. The applicant herein, applied to the post. To establish his experience, he relied on Annexure A4 & A5 certificates. He participated in the qualifying examination. When Annexure A7 provisional list was published, the name of the applicant was not there in the list. Applicant, on conducting an enquiry by filing an application under the RTI Act, was informed by AnnexureA8 reply, that the applicant was not eligible, since he did not satisfy three years experience. He understood that the apprenticeship period covered by AnnexureA3 & A4, were not reckoned for the purpose of apprenticeship. Claiming that applicant had undergone experience under the period of apprenticeship and claiming that if the period covered by AnnexureA3 & A4 are reckoned he OA No.180/00475/2021 3 would qualify 3 years experience and alleging that it has not been reckoned for selection, he has preferred this OA. The reliefs sought are :
(i) Call for records leading to Annexure A7 and declare that the applicant is entitled and qualified as stated in Annexure A6 to be included in the provisional list of candidates for selection to the post of Draughtsman Grade II (Mechanical) in Indian Navy.
(ii)Issue a direction to respondents to include the Roll Number of the applicant in the provisional list of candidates for selection to the post of Draughtsman Grade II(Mechanical) in Indian Navy.
(iii) Declare that the experience of the applicant as an Apprentice borne out as per Annexure A4 is liable to be counted as an experience for the post of Draughtsman Grade II (Mechanical) in Indian Navy.
2. A detailed reply statement was filed by the respondents, inter alia, contending that the applicant did not possess the minimum experience of 3 years. Essentially, it was contended that the period of apprenticeship could not be considered as experience. It was contended that one year apprenticeship training of the applicant was not considered as experience by the competent authority in accordance with Statutory Rules and orders. SRO No.20/2014 pertaining to Recruitment Rules for the post of Draughtsman, treats apprenticeship training as part of educational qualification and not as experience. The total legitimate experience of the applicant was only 2 years and 8 months and hence, he could not be considered for selection.
3. Heard learned counsel for the applicant, Mr. V. Premchand and Mr. C. Rajendran, learned SPC.
OA No.180/00475/2021 4
4. The short question that arises is whether apprenticeship period during 08.09.1010 to 07.09.2011, covered by Annexures A-3 &A4 can be treated as experience for the purpose of employment?
5. Learned counsel for the applicant heavily relied on AnnexureA10, a communication issued by the Ministry of Human Resource Development dated 06.05.1997 addressed to all State Governments, including UTs Administration. It was stated therein that Ministry of HRD had resolved to treat one year apprenticeship/training of Graduate, Technician and Technician Voc. Apprentices as experience, for employment under Central/State establishments. By the above communication, the Ministry referred to a meeting of the Central Apprenticeship Council, which had resolved to treat the one year apprenticeship/training of Graduates as experience for employment under Central and State establishments. By AnnexureA10, the State Governments including UTs Administration were requested to amend /incorporate statutory Recruitment Rules for such posts, so that trained Graduate/Technicians and Technician Voc. apprentices get preference for job opportunities, in Central and State establishments. Learned counsel for the applicant further relied on AnnexureA11, which is the notification of the Government of Kerala, which, referring to AnnexureA10 had resolved to consider one year apprenticeship training in different establishments and industries as one year experience, for the purpose of employment under Central and State Government establishments.
OA No.180/00475/2021 5 Accordingly, Government resolved to accept the recommendation and in consultation with the Public Service Commission of Kerala directed that one year apprentice training shall be considered as one year experience for employment in State Government Organisations.
6. Opposing the above contention, the learned Senior Panel Counsel for Central Government contended that AnnexureA10 has not been adopted by different Ministries of Central Government as applicable to all its establishments, much less, by the Indian Navy. The Recruitment Rules produced as AnnexureR1(A) has not been modified/amended to incorporate such a provision. It was contended that as long as Indian Navy, after applying its mind regarding its requirement and necessity, and after considering in detail whether the period of apprenticeship can be considered as effective training to suit its requirement for the purpose of jobs, for which applications are invited, had amended its Rules, Annexure A10 would not apply to Indian Navy.
7. The concept of apprenticeship as evident from Apprenticeship Act clearly indicates that, it is to utilise the facilities available in an industry to impart practical training to Graduates on technical fields from practical application. It is intended to impart training, which cannot effectively be recognized as work experience. It is a different issue, if the concerned establishment/Government resolve to accept it as experience. Evidently, as long as Indian Navy has not made it applicable to its employees and also has OA No.180/00475/2021 6 not amended the Rules, the applicant is not entitled to insist that apprenticeship period should be accepted work experience for the purpose of employment.
8. Having considered this, we are of the firm opinion that unless and until Rules have been amended, apprenticeship cannot be treated as experience. This view has been taken by this Tribunal in its order in OA No.360 of 2021. We are in agreement with the above proposition of law.
9. Having considered this, we find no merit in the contentions set up by the learned counsel for the applicant. Original Application fails and accordingly dismissed. No costs.
(K.V. EAPEN) (JUSTICE SUNIL THOMAS)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
"va"
OA No.180/00475/2021
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APPLICANT'S ANNEXURES
Annexure A1 - A true copy of the certificate dated 08.05.2009 issued by
the Industrial Training Department signed by Secretary, State Council for Vocational Training, Serial No.002B2 Annexure A2- A true copy of the National Trade Certificate dated 20.05.2010 issued in the name of applicant signed by Secretary, State Council for Vocational Training Sl.No. (N.T.C) 2008(S-8) Annexure A3- A true copy of the National Apprenticeship Certificate dated nil, Secretary, National Council for Vocational Training Sl.No.(N.A.C) 2008.
Annexure A4 - A true copy of the Apprenticeship training dated 07.09.2011 issued by ISRO, signed by (B.Gita) Sr. Administrative Officer No.LPSC/EST/APT/4823/2011 Annexure A5 - A true copy of the certificate dated 13.05.2014 issued by J- Soft Solutions, Chandra Bhavan, Ravi Nagar, C-63, Peroorkada, Thiruvananthapuram. s/0038/14 Annexure A6 - A true copy of the notification of Recruitment of Civilian Personnel in Indian Navy, 2016 Dated Nil issued by the Indian Navy Annexure A7 - A ture copy of the Provisional Select List of Recruitment of Civilian Personnel in Indian Navy, 2016 published by Indian Navy dt. Nil.
Annexure A8 - A true copy of the application dated 04.08.2021 submitted by the applicant to the Public Information Officer Annexure A9 - A true copy of the reply dated 17.08.2021 issued by the Headquarters, Southern Naval Command, PIO/130/21/SAS/8(10) AnnexureA10 - A true copy of the communication dated 06.05.1997 issued by the (S.K. Misra), Additional Apprenticeship Adviser, Ministry of Human Resource Development No.F.36-14/96-TS.IV Annexure A11 - A true copy of the Order dated 05.10.2013 issued by the Government of Kerala. G.O.(MS) No.635/2013/H.Edn.
OA No.180/00475/2021 8 RESPONDENTS' ANNEXURES Annexure R1(A) -True copy of SRO 95/2006 dated 14.07.2006 notifying Navy(Group 'C', Non-Gazetted, Non Ministerial, Non- Industrial Posts Drawing Offices and National Hydrographic Office (Drawing Staff) Recruitment (Amendment) Rules 2006 Annexure R1(B)-True copy of SRO 40/2008 dated 8/4/2008 notifying Navy(Group 'C', Non-Gazetted, Non Ministerial, Non- Industrial Posts Drawing Offices and National Hydrographic Office (Drawing Staff) Recruitment Rules 2008
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OA No.180/00475/2021