Central Administrative Tribunal - Hyderabad
K Maharaja vs M/O Railways on 28 July, 2022
OA 900/2015
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA No. 900/2015
HYDERABAD, this the 28th day of July, 2022
Hon'ble Mr. Ashish Kalia, Judl. Member
Hon'ble Mr. K.V. Eapen, Admn. Member
Kandi Maharaja S/o. K. Pydithalli,
Aged about 20 years, unemployed,
R/o. D.No.3-4-2, Post Office Street, Gnanapuram,
Visakhapatnam- 530 004.
...Applicant.
(By Advocate: Mr. M V S Sai Kumar)
Vs.
1. The Government of India,
Rep. by its Secretary, Indian Railways Department,
New Delhi.
2. The Senior Divisional Officer,
East Coast Railway, Waltair,
O/o. Divisional Railway Manager(p),
DRM's Complex, Dondaparthy, Visakhapatnam- 530 004.
3. The Divisional Railway Manager(p),
East Coast Railway, Waltair,
O/o. Divisional Railway Manager(p),
DRM's Complex, Dondaparthy, Visakhapatnam- 530 004.
4. The Assistant Pesonnel Officer,
O/o. Divisional Railway Manager(p),
DRM's Complex, Dondaparthy, Visakhapatnam- 530 004.
5. The Central Apprenticeship Adviser(Regional),
Regional Directorate of Apprenticeship Training,
Hyderabad.
... Respondents.
(By Advocate: Mrs. B Gayatri Varma, Sr.CGSC for R1 to R4)
Mr. A Radhakrishna, Sr.PC for CG for R-5)
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OA 900/2015
ORAL ORDER
(As per Hon'ble Mr. Ashish Kalia, Judl. Member) Through Video Conferencing:
This Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
"That this Hon'ble Tribunal may be pleased to declare the action of the respondents in not permitting the applicant to appear for the All India Trade Test though the applicant has completed training is highly illegal and unjustified with a direction to the respondents to permit the applicant to appear for the All India Trade Test and issue necessary certificate to that effect to enable the applicant to claim employment and pass such other or further order or orders as the Hon'ble Tribunal may deem fit and proper in the circumstances of the case."
2. This is a second round of litigation. Earlier, the applicant has approached this Tribunal by filing OA No.1181/2013, which was allowed. The operative portion of the said Order is reproduced below:
"13. For the aforesaid reasons and in the peculiar circumstances of the case, the OA is allowed and the impugned order of termination of the apprenticeship dated 29.08.2013 is set aside. The respondents are directed to impart the apprenticeship training to the applicant for the remaining period and he shall be permitted to appear for the All India Trade Test on completion of his training and to issue the relevant certificate, if he passes the same. There shall be no order as to costs."
As per the above orders of this Tribunal, the respondents have imparted the apprenticeship training to the applicant for the concerned trade but they are not permitting him to appear for the All India Trade Test(AITT) under Craftsmen Training Scheme(CTS). It is submitted that the respondents have issued Proceedings dt. 10.04.2014 in which the applicant was advised to report at DPO/WAT for guidance regarding fee payment to appear for AITT, which will be conducted during April/May 2014. Accordingly, the applicant has appeared before the said authority and he was told that Page 2 of 5 OA 900/2015 he will be informed about the exam date. As there was no response, the applicant again approached the said authority and came to know that his documents were forwarded to the Respondent No.5, who has rejected his candidature. Aggrieved over the same, the applicant has filed the present original application for redressal of his grievances.
3. Notices were issued. The respondents have filed a detailed reply.
I) In the reply of the Respondent Nos.1 to 4, it is submitted that as per the Orders of this Tribunal in OA No.1181/2013 dt. 06.02.2014, the applicant was advised to report in the Office of the 3rd respondent for taking necessary action. Vide Letter dt. 18.02.2014, the applicant was directed to report to Sr.DME(Diesel), E.Co. Railway, Waltair to undergo the remaining period of training for completion of 01 year Apprenticeship. A letter dt. 12.03.2014 was received from the Respondent No.5, Directorate of Apprenticeship Training(RDAT), Hyderabad stating that the applicant is not qualified to be eligible as an apprentice in Fitter trade for 01 year training after rebate having passed ITI in Marine Fitter trade as per Section 3 of the Apprentices Act, 1961. Vide Letter dt. 10.04.2014, the applicant was released after completion of one year apprenticeship duly advising the applicant to report 3 rd Respondent for guidance regarding examination fee payment to appear for AITT. The 3rd Respondent, vide Letter dt. 05.05.2014, giving reference to Letter dt. 12.03.2014 of the RDAT, once again requested the Respondent No.5 to take necessary action for implementation of the judgment of this Tribunal. The Respondent No.5, vide Letter dt. Page 3 of 5 OA 900/2015 06.06.2014, returned the original contract form and other related documents of the applicant stating that the applicant is engaged in Railways without considering the eligibility as per the provisions of the Apprentices Act, 1961. Therefore, it is the sole responsibility of the organisation/Railways for engaging qualified and eligible candidates. At this stage, MA No.585/2014 in OA No.1181/2013 was filed on 17.07.2017 praying to clarify that the direction of this Tribunal passed vide Order dt. 06.02.2014 stands complied so far as the respondents of the OA/1181/2013 are concerned. MA/585/2014 was allowed vide Order dt. 17.09.2014 declaring that the respondents in OA/1181/2013 have complied with the order of the Tribunal and, accordingly, their role is over.
II) The Respondent No.5, in the reply, it is submitted that it is the sole responsibility of the Railways to confirm relevant Trades of ITI for apprenticeship training of Fitter trade as per provisions of Section 3 of the Apprentices Act, 1960 & Schedule-I before engagement. The Respondent No.2 & 4 have wrongly selected the applicant for apprenticeship training in Fitter trade as the applicant is ITI passed in Marine Fitter trade, which is not eligible for apprenticeship training in Fitter trade. The Marine Fitter trade under Craftsmen Training Scheme(CTS) is not notified under the Apprentices Act, 1961. It is further submitted that every trade apprentice, who has completed the period of apprenticeship training shall appear in the All India Trade Test(AITT) to be conducted by the National Council for Vocational Training(NCVT) to determine his/her proficiency in the designated trade in which training was undergone. Page 4 of 5 OA 900/2015 Hence, applicant is not eligible for appearing AITT examination of Fitter trade and prayed for dismissal of the OA.
4. Heard the counsels for the parties at length and perused the pleadings on record.
5. I) The short issue raised in the present original application is whether the applicant can be permitted to appear in the All India Trade Test(AITT) or not. As per the orders of this Tribunal in OA/1181/2013, apprenticeship training was imparted to the applicant but he is not being permitted to appear in the AITT on the grounds of ineligibility. The applicant's counsel has submitted that if the applicant is permitted to appear in the AITT, it will give the opportunity to claim employment with the respondents/Railways.
II) In view of the above, this Tribunal is of the view that this matter deserves to be remitted back to the concerned authorities of the respondents to find out whether the applicant can be adjusted in the Fitter trade or not. If adjusted, he shall be permitted to appear in the AITT. If not, the respondents shall pass speaking orders explaining what the applicant, being ITI in Marine Fitter trade, is lacking for Fitter trade, within a period of eight weeks from the date of receipt of a copy of this order and communicate the same to the applicant. Ordered accordingly.
III) With the above directions, the OA is disposed of with liberty to the applicant to re-approach this Tribunal, if his grievance still subsists. There shall be no order as to costs.
(K.V. EAPEN) (ASHISH KALIA)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/Ram/
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