Central Administrative Tribunal - Ernakulam
Kalakumari K L vs M/O Defence on 27 November, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 180/00079/2018
Thursday , this the 27th day of November, 2025.
CORAM:
HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER
K.L. Kalakumari,
W/o P. Narayanan Nair,
Radio Fitter (HS-II), Naval Ship Repair Yard,
Kochi, Vrindavan, Choozhathipadam Roa
Kureekkad, Ernakulam District-682 305 - Applicant
[By Advocates : Mr. Johnson Gomez, Mr. S. Biju, Mr. Sanjay Johnson,
Mr. John Gomez, Ms. Sreedevi S, Mr. Dinoop P.D., Mr. Sanjith Johnson,
Mr. Mohamed Sheharan, Mr. Parshathy S R and Mr. Viswanatha Jayan ]
Versus
1. Union of India,
Represented by the Secretary to
Government of India, Ministry of Defence,
New Delhi
2. Flag Officer,
Commanding in Chief,
H.Q. Southern Naval Command,
Willington Island PO,
Kochi-682 004. - Respondents
[By Advocate: Mr. V.A. Shaji, ACGSC ]
2025.11.27
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O.A No. 180/00079/2018
The Original Application having been heard on 18.11.2025, the Tribunal on
27.11.2025 delivered the following:
ORDER
Per: Mr. Braj Mohan Agrawal, Administrative Member Applicant is an ex-naval apprentice who was appointed/absorbed as Radio Mechanic (Skilled) in the Southern Naval Command, Kochi on 01.08.2005 in compliance of directions contained in the order dated 16.02.2004 of this Tribunal in OA No.94/2003. The applicant claims that she was appointed for a vacancy that arose on 30.06.2002, for which she was eligible at the time of arising of vacancy. The Applicant claims that the respondents in spite of several representations is not antedating the appointment of the applicant to the date of arising of vacancy in which she is appointed. Respondents have not considered the claim of the applicant even after granting similar orders in other cases on directions by this Tribunal.
2. Applicant has submitted further that an identical controversy was brought before this Tribunal by a person similarly placed as the applicant herein praying for the conferment of the benefits of the CCS(Pension) Rules 1972 and this 2025.11.27 V R ARUNKUMAR 16:03:45 +05'30' 3 O.A No. 180/00079/2018 Tribunal was pleased to allow the OA (Annexure A-8). The applicant further submits that the applicant is entitled for benefits of Office Memorandum dated 17.02.2020 (Annexure A-9) as extended to other similarly placed ex-naval apprentices who were absorbed and working in naval dockyard Mumbai to whom the benefits under Central Civil Services Pension Rules 1972 was extended. They are similarly placed for the reason that they are trained as ex-Naval apprentices and training completed before 01.01.2004 and were appointed after that date. The applicant is entitled for similar treatment. The communication dated 29.09.2021 (Annexure-A15) clearly shows that she is eligible for the post of Tradesman (skilled) since the mode of recruitment in accordance with absorption of ex-naval apprentices, who had successfully completed apprenticeship at Naval Ship Repair Yard, Kochi. Therefore, her representation has to be considered favourably.
3. Aggrieved by the inaction of the respondents the applicant has approached this Tribunal and sought the following reliefs:-
(i) To call for the records leading to Annexure A6 and Annexure A7 and quash the same
(ii) To issue appropriate orders and directions directing the respondents to refix the applicant's seniority in the apprenticeship category namely Radio Fitter(SK) by ante-dating her seniority from the date of arising of the vacancy to which she was eligible to be appointed namely 30.06.2002 2025.11.27 V R ARUNKUMAR 16:03:45 +05'30' 4 O.A No. 180/00079/2018 notionally and grant her all other benefits accruing from such refixation however without any back wages;
(iii)Grant such other reliefs as may be prayed for and as the Court may deem fit to grant and
(iv) Grant the cost of this original application
(v) To call for the record leading to Annexure A17 and quash the same
(vi) To issue a direction Respondents to allow the extent of benefits under Annexure A9 under department of Pensions and Pensioners Welfare.
4. The operative paragraph of this Tribunal's order in OA Nos. 94/2003 & 653/2003 dated 16.02.2004 is reproduced below:-
"9. In the light of what is stated above, we allow these applications, set aside the impugned orders in these cases and direct the respondents to consider the applicants for absorption as Tradesman skilled in the respective discipline in their turn in the panel without reference to the upper age limit prescribed for direct recruitment in the Recruitment Rules. There is no order as to costs."
5. The respondents submitted that the applicant had undergone apprenticeship training in the trade of Radio Radar in the non-designated trade during the year 1989-1990. On successful completion of apprenticeship, the applicant's name was kept in the waiting list as per the procedure in vogue for consideration of appointment against vacancies arising in future. As per the then existing Recruitment Rules/practice, the apprentices in the waiting list were considered for absorption/appointment against vacancies that2025.11.27 arose in the V R ARUNKUMAR 16:03:45 +05'30' 5 O.A No. 180/00079/2018 respective trades according to their seniority.
In terms of Government of India instructions contained in SRO 150/2000 of 01 June 2000, the applicant had crossed the upper age limit of 27 years (even after applying the age relaxation as admissible including apprenticeship period) and therefore the name of the individual was deleted along with 100 similarly placed ex-apprentices in different trades from the list of candidates, who were waiting for appointment against regular vacancies which may arise in future. In compliance of this Tribunal's order in OA No.94/2003 the applicant was appointed as Radio Mechanic (SK) on 01.08.2005 in compliance to Annexure A-2 order. It is further submitted that in accordance with the Department of Personnel and Training OM No.20011/1/2006-Estt.(D) dated 03 rd March 2008 'when appointments against unfilled vacancies are made in subsequent year or years either by direct recruitment or promotion, the persons so appointed shall not get seniority of any earlier year (viz. year of vacancy/panel or year in which recruitment process is initiated) but should get the seniority of the year in which they are appointed on substantive basis. As such seniority of any employee is to be reckoned from the date of actual appointment/absorption in the post/trade and not based on the date of occurrence of vacancy.
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6. The respondents further submitted that Annexure-A8 order of the Tribunal can in no way be attributed to the applicant as both the cases are entirely different from each other. The applicant in OA 446/2017 was appointed in 2001 and was already in service as on 01.01.2004. However, the applicant in the instant OA was appointed only in 2005. Therefore, the applicant cannot draw parity of her case with Annexure-A8 order. With regard to the contentions of the applicant in grounds A-E, the respondents submitted that the seniority of an employee is to be reckoned from the date of actual appointment/absorption in the post/trade and not based on the date of occurrence of vacancy. Therefore, the claim of the applicant is violative of the Government rule as appended in Annexure-R-2.
7. The respondents in their reply statement to the amended OA submitted that Annexure A9 DoP&PW OM stipulates that in all cases where the results of recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the CCS(Pension) Rules 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 2025.11.27 V R ARUNKUMAR 16:03:45 +05'30' 7 O.A No. 180/00079/2018 only are eligible for conversion to Old Pension Scheme. As per Apprentices Act, 1961, the apprentices are to be appointed in the Naval Repair Organizations as Skilled (SK) or Highly Skilled-II(HS-II) on successful completion of apprenticeship, depending upon merit and availability of vacancies. It is pertinent to mention that mere successful completion of apprenticeship does not confer any claim on the candidate for absorption. Hence the applicant, who is appointed based on ex-apprentice seniority list, cannot contend that the recruitment process was completed before 31.12.2003 and claim the benefits of Annexure-A9 DoP&PW OM.
8. The respondents further clarified that at the time of pronouncement of judgement in OA 94/2003, the recruitment ban was in existence and hence the applicant could not be granted absorption. The applicant was informed that she will be considered for absorption against the post of Tradesman(Skilled) in her turn without reference to upper age limit as and when vacancies are filled up in the respective posts, subject to the clearance of Annual Recruitment Plan and also the conditions specified in the Recruitment Rules in force at the time of consideration for absorption. Post finalization of the Annual Recruitment Plan and lifting of Recruitment Plan w.e.f. 09.06.2005, the applicant was appointed as 2025.11.27 V R ARUNKUMAR 16:03:45 +05'30' 8 O.A No. 180/00079/2018 Radio Mechanic (Skilled) w.e.f. 01.08.2005.
9. It is noted that mere successful completion of apprenticeship does not confer any legal right on the applicant for recruitment. We conclude from the above that applicant was appointed as Radio Mechanic (SK) on 01.08.2005 against available vacancies through absorption in compliance of this Tribunal's order dated 16.02.2004 in OA No.94/2003 which expressly stated to consider the absorption of the applicant in her turn against the vacancy of Tradesman Skilled and accordingly she has been appointed on 01.08.2005. The applicant cannot claim seniority for the vacancies that arose on 30.06.2002 against which she was not appointed; and was not on the cadre of Southern Naval Command. Consequently, she is not entitled for Old Pension Scheme in terms of DoP&PW OM dated 03rd March 2023. Original Application is devoid of merits and stands dismissed. No costs.
(Dated the 27th November, 2025.)
(BRAJ MOHAN AGRAWAL) (JUSTICE SUNIL THOMAS)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
va 2025.11.27
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O.A No. 180/00079/2018
List of Annexures in OA No.180/00079/2018
Annexure A-1- True copy of the communication of the 2nd respondent dated 22.10.2002 Annexure A-2- True copy of the order of this Tribunal dated 16.02.2004 in OA 94/2003 Annexure A-3- True copy of the communication dated 15.09.2004 of the 2 nd respondent Annexure A-4- True copy of the appointment order No.C.S.2764/1/8 dated 22.07.2005 Annexure A-5- True copy of the representation dated 05.10.2012 before the 2nd respondent Annexure A-6- True copy of the order No.2779/7 dated 28.05.2013 of the 2nd respondent Annexure A-7- True copy of the letter dated 19.06.2013 of the 2 nd respondent Annexure A-8- True copy of the order dated 26.08.2011 in OA 446/2011 Annexure A-9- A true copy of the office memorandum dated 17.02.2020 Annexure A-10- A true copy of the representation dated 14.05.2020 Annexure A-11- A true copy of the letter No.CS2700/A dated 22.10.2002 Annexure A-12- A true copy of the communication dated CS/IV/3008/NPS dated 26.02.2021 Annexure A-13- A true copy of the memorandum dated 26.04.2021 Annexure A-14- A true copy of representation dated 25.11.2022 2025.11.27 V R ARUNKUMAR 16:03:45 +05'30' 10 O.A No. 180/00079/2018 AnnexureA-15- A true copy of the communication dated 29.09.2021 Annexure A-16-A true copy of the order dated 15.12.2022 in MA No.1036/2022 in OA No.79/2018 passed by this Tribunal Annexure A-17- A true copy of the speaking order No.CS 2695/43/1785 dated 08.02.2023 Annexure A-18- A true copy of the office memorandum dated 03.03.2023 Annexure A-19- A true copy of the office memorandum dated 29.03.2023 *** Annexure R 1- True copy of OM No.20011/1/2006-Estt(D) dated 3 rd Mar 2008 issued by Department of Personnel and Training Annexure R 2- True copy of letter CE/2001/CRIM/RECT/ND(V)/05 dated 05th Jul 2006 of the Headquarters, Eastern Naval Command Annexure R 3- True copy of letter No.CP(NG)/3757/JCM dated 23 Aug 2006 of the Integrated Headquarters of Ministry of Defence (Navy)(DCP) Annexure R 4- True copy Naval Headquarters letter No.CP(NG)/2853 dated 27.02.1998 ****** 2025.11.27 V R ARUNKUMAR 16:03:45 +05'30'