Central Administrative Tribunal - Ernakulam
Nithil T.M vs Union Of India Represented By The on 18 January, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 685/2011
Wednesday, this the 18th day of January, 2012.
CORAM
HON'BLE Dr K.B.S.RAJAN, JUDICIAL MEMBER
HON'BLE Mr K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
Nithil T.M., S/o Muthu T.C.,
Ex-Naval Apprentice,
Residing at Thekkekattil House,
Vijayaraghavapuram.P.O.
Chalakkudy, Thrissur-680 722. ....Applicant
(By Advocate Mr M.R.Hariraj )
v.
1. Union of India represented by the
Secretary to Government of India,
Ministry of Defence, New Delhi.
2. Flag Officer Commanding-in-Chief,
Southern Naval Command,
Kochi-682 004. ....Respondents
(By Advocate Mr Sunil Jacob Jose, SCGSC )
This application having been finally heard on 18.01.2012, the Tribunal on the
same day delivered the following:
O R D E R
HON'BLE Dr K.B.S.RAJAN, JUDICIAL MEMBER The applicant is an Ex Naval Apprentice who has passed the Trade Test conducted by the National Council for Vocational Training in the trade of Machinist after one year apprenticeship during October, 2006 to October, 2007, training in the Naval Ship Repair Yard, Kochi, vide Annexure A-1. Provision exists for absorption of such Ex Naval Apprentices of Designated Trades for recruitment to the post of Tradesman Skilled to the extent of 60% of the vacancies, vide column 11 of the Annexure A-2 Recruitment Rules. On coming to know about the existence of a number of vacancies in Machinist Trade, the applicant made a representation dated 03-04-2011 vide Annexure A-3. The respondents have in reply therefor, vide Annexure A-4 (impugned) stated that the case of absorption of such ex apprentices in the post of Tradesmen (skilled) is kept in abeyance as the issue regarding age limit for absorption is under examination of the integrated Headquarters, New Delhi and that the case of the applicant could be considered only after a clarification is received from the said Headquarters. This OA has been filed, claiming the following relief:-
(i) Quash Annexure A-4 and to direct the respondents to consider the applicant for absorption as Mechanist in the cadre of Tradesman (Skilled) in the vacancies earmarked for schedule caste based on his seniority as Ex-Naval apprentice with effect from the date of occurrence of the vacancy of Mechanist in the category of Tradesman (Skilled) with all consequential benefits including arrears of pay and allowances with interest.
(ii)To grant such other reliefs as this Tribunal deems fit and proper.
2. While admitting the O.A., respondents were directed to file reply and pleadings be complete, vide order dated 02-08-2011. However, there has been no reply from the respondents and the applicant has moved the Tribunal through MA No. 1194 of 2011 for early hearing, which has been allowed in the presence of the counsel for the respondents and the case listed for hearing on 18-01-2012, by which time, pleadings were directed to be completed. Order dated 02-01-2012 refers.
3. Today, when the case came up for hearing, counsel for the applicant submitted that the issue is no longer res-integra as through various earlier orders of this Tribunal, it has been held that absorption of ex naval apprentices could be made as per their turn in the panel without reference to the upper age limit prescribed for direct recruits. In this regard, the counsel for the applicant made available copy of the order dated 25-10-2011 in OA No. 760 of 2010 and connected OAs, which were based on the earlier decisions in OA No. 329/2011, 754 of 2011 as also OA No. 94 of 2003 and 653 of 2003 (Annexure A-5).
4. Counsel for the respondents endorsed the statement of the applicant about the existence of the aforesaid orders.
5. In view of the above, the OA is allowed. Respondents are directed to consider the case of the applicant for absorption as Tradesman (skilled) as Machinist as per his turn in the panel without reference to upper age limit prescribed for direct recruits as was done in the case of other applicants in Annexure A-5 judgment. No costs.
K.GEORGE JOSEPH Dr K.B.S.RAJAN ADMINISTRATIVE MEMBER JUDICIAL MEMBER trs