Central Administrative Tribunal - Mumbai
Shreyas Ganesh Kshirsagar vs M/O Defence on 13 February, 2023
.. No.gqh/2ore & batch
Central Administrative Tribunal
Mumbai Bench, Mumbai
CLA. No 5462022
with
OWA. NoFTT2018
OVA, No.2 74/2022
Monday, this the 13° day of February, 2023
Hon'ble Mr. Justice Ranjit V. More, Chairman
Hon'ble Dr. Bhagwan Sahai, Member ( "AY
OA. No S46/2022
eed
Sod
ta
Age 34 years
Residing at A/Q02, Gr. Floor,
Ashtvinayak park,
Rameshwadi, Badlapur (W) 421 303
Buddhadas Bhaurao Gaikwad
Son of Bhauran Gaikwad, age 34 years
Residing at Bhartiiay Nagar
Pachora Taluka
Pachora, ENst. Jalgaon, Pin 424 201
Manoj Surendra Patnaik son of Surendra Patnaik
Age 30 years, Residing at Shree Malang
CHS No.02/04, Hajimalang Road
Shastri Nagar, Kalyan (E) 421 306
Mahesh Devidas Tayade, son of Devidas Tayade,
Age 33 years, residing al: Plot No.l?
Mahesh Wakhar, Behind Nahata College
Tal Bhusaval, Distt. Jalgaon 425 203
Mayur Dilip Kamthe, son of Dilip Kamrthe,
Age 29 years
Residing at Room No.2,
Gangubai Chawl, Sambhaji Chowk,
OA. No.ga5/2o28 & batch
very Wad
New Mi bo 0 Road, Kurla (8)
Mumbai 400 O70
Spiehiy sy ae
ag" ee
&. Kunal M. Tari, age 29 years
Residing at Roam No.1 S,
ae "%
Shiv asadan Chawil, Ram Nagar
Rawte Cormpou ind 2, Bhandupt WW)
Mumbai 400 078
7. Anant Balvant Jagtap son of Balvant Jagiap
Age 30 years, residing at Jadhavw ack
Post Tasgacn, Tal & Dist. Satara
415 004
8. Dilip Sopant Thakur, son Sopan Thakur
Age 32 years, residing & i Plot Noll
Sr, No.59/3/11, Sadguru Nagar
Behind Ya ashoda Hotel
Near Pooja Complex, Tal. Bhusaval
Pst. Jalgaon 425-20)
9, Swapnil Dilip Sonawane
Son of Dilip Sonawane
Age 32 years, residing at Near Saibaba Tample,
Behind Nirmal OU Mul,
Sginath Nagar, Jamner Road
Tal. Bhusaval Distt. Jalgaon 425 201
18. Ashpak Salim Patel age 29 years
Residing at Near Barhate Wada,
Ward No.2,
At Post Fekari, Tal. Bhusaval,
Dist. Jalgaon 425 307
il. Arjun Motiram Sheike
Age 33 years, Residing at: At Po ost Shirpur
Tal. Dist. Buldhana, Pin 443 001
{2. Sanjay Pal, age 28 years
Residing at: Sardham we martment, BY 1S,
--Chakki naka, Kaivan (East)
Distt. Thane,
Bez
pod
as
16.
V7,
"a
OA, Nosgéfeose & hateh
Sanmil Harichands a Jambhulkar
Age 28 years,
residing at: At Post Kunwande
Tal. Meval, Dist. Pune
Dittikrishan Abhimanyu Gauda,
Age 30 years
Residing at: Stu widhardham Apartment
Near Dutta Mandir
Mumbra Devi Colony Read,
Diva (East), Thane 400 612
Parikshale Laxman Murlidhar,
Age 3) years, t residing at
At Post Antroli, Taluka
South Solapur, Dist. Solapu
Mahearasthra
Roshan Shivram Pradhan
Age 29 years residing at
Roam No.C/32/A Motilal Nehru Nagar
SM Road, Near Antop bill
Church, Mumbai 400 037
Pravin Namdeorac Mangalkar,
Age 29 years residing at
At & Post Vatoda, Chandas,
Taluka Warad, Dist. Amravati 444 906
(Mr. Vicky A Nagrani, Advocate)
ina
Versus
. Appheants
Union of India through the Chief af Naval Staff
Integrated Head Quarters,
Ministry of Defence (Navy)
New Delhi 110011
Loy
The Flag Officer Commanding in Chief
_ Head Quarters,
Western Naval Command
a
gy: a Be} 4,
OA.) Ma, Geter xe) Be & betes
fem Nos
Shahaid Bhagat Singh Road,
Mouribat 400 G01
(Mr. RR Shetty, Advocate)
O.A. No.7) 7/2019
1. Shreyas Ganesh ksh irsagar, Son of Ganesh
Kghirsagar, Age 25 years, Occ: S Service, Residing al
> Bide. Na. T-43, Roo! m No. 108, Sai Shradaha.
iksha Nagar, 'Sion (E), Mumbai-4G0022,
Kalpesh Rajendra Sawant, Son
Rajendra Sawant, Age: 27 years,
Residing at: 63/8 Ambew adi, Room
no. 11 A, Mhatar Pakhadi Road,
Mazeaon, Maumbai-400010,
3. Sudhir Dilip Ware, Son of Dilip
Ware, Age 27 years, Residing at:
803, D Wing, Parivar Safalya C "HS,
DAG "Mahajan Path, Sewrl, Mumbai-
bo
400015. |
4. Pratap Upendra Panda, Son of
Upendra Panda, Age 26 years,
Residing at: Roam No. 3, Kohinoor
Society, Pratap Nagar Road,
Bhandup (West}, Mumba i -400078.
Chetan Prakash Kayarmal, Son of
Prakash katyarmal, Age 25 years,
Residing at: At Mankopra, Post
Chikhali (Ram), Tal. Darwha, Dist.
Yawatal, Pin-448202.
6. Sentash Dnyaneshwar Nitnaware,
Son of Dnyaneshwar Ninaware,
Age 27 years, Residing at: Bldg. No.
A, Room No. 304, Haware Nirmiti
Arya, Sector 22, Pot 15, Kamothe,
Khandeshwar, Navi Mumbai-
%
£
Ss
»
410209.
7. Raj Prakash Lad, Son of Prakash
Lad, Age 26 years, Residing at: A/2,
Omroop CHS, Detiaram L ad Marg,
Ralachowki, Mumbai-400033.
wth
ea
OA. Ne.saoy:
tery NOS
8. Omprakash Pal, Age 25 years,
residing at: Roamne. | 103, Ur 'TA
Mahesh Society, Tekdi Vibbag.
Varsha Nagar, Park 3! te, Vikhrolt
CW), Mumibai-At 30079
9, Sagar Shahaji Shinde, AY ge 25 years,
Residing at: Da aon
Yhak AY' Chaw A,
Vibhavi Nagar, Varap Gaon, Tal.
Kalyan Dist. Thane Pi ine-42 1301.
10. Prashant Prakash Tawade, Age...
il. Rajendra Baburao Pagare, Age 26
years, s, Residing at: At Post Kukane,
Tal. Malegaon, Dist. Nashik, Pin-
433.108.
13. Darshana Sayaji Pawar, Age 2
years, Residing ati BL/Sl, BMC
Colo: ay, Dindoshi, Gen. Axunkumar
Vaidya 'Marg, Goregaon(),
Mumbal-400065.
13. Monika Dattaram Walunj, Age 28
years, Residing at: 28, Ratna Mahal
CHS, Near KDMC Hospital, Ropar
Road, Dombivli (W), Pin- Ad Late,
Rohini Nandkumar Gaonkar, Age
~ years, Residing ab: 231, Alb,
aval Civilian Housing Colony,
: BS. Marg, Ranjurmar OW),
Mumbai-400078
iS. Shrikant Khalli Jena, Age 27 years,
Residing at: Himmat Nagar, 5 alt
Pen Road, Near Vidyalanker _
College, Wadala, Mumbai-400037.
16. Uness Tyhondu Manchekar, Age 28
ears, Residing at: Room No. 277,
Mal fatma Phule Nagar, Near New
Railway Station, Mankhurd (5),
saaneup anon
17, Santosh Gopal Panigrahi,Age 25
years, Residing at Plot No, 239,
Room No. 201, Kukshet Gaon,Sector
Jones.
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nb,
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Bein
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id. Near Gaondev) Maidan, Nerul,
nae Mumbal-400706.
eer Vilas Khamkar, Age 23
years, Residing at C hhatranati
Shivaji Rahivasi Kalyankari Samu,
Room No. 17 WI /002, Airali Goan,
Oop. Pri So yo, Aino New
Mumba 0708,
Snehal Gautam Girkar, Age 28
years, Residing at: 209/B,
Wing, Gurukrupa CHS, ¢ 2° Floor,
Sudam Kalu,Ahire Road,
Worli Near Passport Office, Worl,
Mourmbai-4000 30.
Vaibhav Ramesh Ghumre,Ag 25
years, Residing at: A-166 3/8,
Prathistha Nagar CHS Lid., Shastri
Nagar, Near Rangasheth
Chawl,Dharav i Mumbai-400017 i.
Shaikh Hasan Shaikh Gaffar, Age
24 years, Residing at: At Post
Matergaon, Tal. Shegaon, Dist.
Buldharia, Pin-444304.
Suraj Dashrath Kashid, Age 23
years, Residing At: ZE16 04
Paradise Heights CHS Ltd., New
MHADA awe Near
Chikuwadi Borivi (W),Mumbai-
400092.
Mrunal Moreshwar Borkar, Age 23
years, Residing at: At Post
Kurud, Tal. Desaiganj wy ads),
Gadchiroli, Pin-4412
Panka} Suresh Chaudhari Age 23
years, Residing at: Plot No. 11/B,
Near Kumbhar Wads, Behind
Pandhari Niwas Bungalow, Mayur
Colony, Pimrala, Jalgaon-425001.
Pradaya Pundlik Ahire, Age 25
years, Residing at: Vadri bk, Tal.
i
es
-- Nandgaon, Dist, Nashik-423106.
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Py Nay Ssh ote enc be fee
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pteai 26. Manali Ravindra Saly i Age 28
CT years Residing at: A-35, 2" Wing,
Devi Darshan. CHS. Veor Sawarkar
Road, Faranjpe Cot aay, Sainath
Nagar, ¥ Phe ar( K yy Tal. ¥ a8Ai, Dist.
Thane, Pin-40] 363
A mparat
0 a
aa sane
in reson
¢
B
27 Smirti Singh, Age 25 years,
Residing at: All oan ie Zs me, 34-4,
Dockyard Road, h azgaon, Mumbai-
A000 1G,
28. Rasika Ajay Mhatre, Age 23 years,
Residing at: 28/P8, P, RB. Ke Wi
Chawl, Shreram Le ne, Worl,
Koliwada, Mumbai-400030.
29, Pooja Dagadu Ranvir, Age 25 years
Residing at: Room No, } 183, Ram
Nagar, Near Church, Jawsai,
Ambernath(h), Dist. Thane 421808,
30. Karan Vittha! Bagul, Age 24 years,
Residing at: 28/13, BMC Bldg,
K.D.G. Nagar, Rawali Camp, Sion
Koliwada, Mumbai-d00022
Priyanka Trilokinath Pasi, 4 Loe 23
years, Residing at: Mahalaxmi
Nagar, Delux, Sector 1, Nere
Village, Flat No. 204, Panvel-
410206,
32. Gali Prasanna Kumar, 4 Le. .
Years, Residing at: D.No, 6 100,
Pednarava a Post, Village Near
Gopalapatanam, Vishakhapatnam,
Andhra Pradesh-5 20027,
33, Anthony Caitan Rodrigues, Age 33
years, Residing at: 15, Nageshwar
Chawl, §.M. Road, Near St.
Dominic Savio Church, Wadala
(E),Mumbai- 400037,
ak
ood
-
Age 17 years, ;, Residing at at: 234/A4,
NCH Colony, Kanjurmare { 5),
Mumbai 800078,
O.A No. saG/oo2e & bath
Hem Neg
3§, Cailash Ramakant Sangameshwar,
Age <5 years, Residing at: 240- A,
Sundar Nagar, Lals Nigam Road,
Moor rbai- Af 00 05,
Mayur Pre akash Katkar, A Age 28
years, Residing at: 225/2,
Pimp nleshwar Krupa,S 8B. Pawar
Mare, Currey Road, Mrnbai-
40001 3,
Akshay Mallikarjun Avsare, Age 28
years, Residing at: Room No,
AVS, Behind Anna Sheth Chawl, :
Sh ashtri Nagar, Dharavi, Mumbai
400017,
. Rahul Vishwas Jundre, Age 26
years, Residing at: B/344, Jiamata
Navar, New Parshuram Krida
Mandal, Ralachowki, Mumbai-
400033,
Devendra Gangaram Gaw 'as, Age
years, Residing at: Ashtabhuja ae.
Plot No. 142, Room No. B/ 14,
Goral-ll, Borivali (W),Mumbai-
400092.
40. Jatin Satyawan Sarang, Age 25
years, Residing at: 402, Naresh
Apartment, Near Last Bus Stop,
Kharegaon, Kalwa OW), Thane-
400605,
41. Rohit Umashankar Jaisw ar, Age 2
years, Residing at: 302, Sai Ganesh
Darshan Bids., Nandivall Tekadi,
Opp. Shantaram Society, Dombivii ¢
E), Murmbai-42 1201.
42. Avinash Aronk Kale, Age 26 year
Residing at: At post Padhe
Gaon, Tal, Shrirampur, Dist.
Ahmednagar, Pin-413721.
43. Kiran Anil Chavan, Age 29 years,
Residing at: At Pest Deuleson Gada,
Tal. Daund, Dist. Pune-412303,
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Rahul Ashok Pawar, Age 28 years,
Residing at: Parasmal, tal.
Shindkheda, Dist. Dhule, Pin-
A25406.
Nilesh Yuvraj Suryavanshi, Age 29
years, Residing at: Paladhi, Ta "
Dharangaan, Dist, Jaigaon-425103
Vikas Monaha rGimar, Age 29
years, Residing at: 303/B Wi Ing,
Ram Shyam Apartment, Near New
Past Office, Lakshmi, Baug,
Katemanivall, Ralyan ( B)- 421306.
Satyendra Dixit, Ave 28 years,
Resuling at: Bajrang Vihar,
Khandepur Naubasta, Kanpur, Near
Chanda Chahuraha, Pin-20802 1.
Mahendra Dayjbhau Mahale, Age 29
years, Residing at: Parasmal, Tal.
Shindkheda, Dist: Dhule-425406.
Atul Suresh Raut, Age 35 years,
Residing at: At Ozarkheda, PO
Walgaon, Tal & Dist. Amravati-
A44ggl.
Rohan Suresh Godeshwar, Age 31
years, Residing at: Rahul Nagar,
Bichhu Tekdi Camp. Rod,
Amravati, Pin-444602.
Nihil Yogeshwar Lomte, Age 24
ears, Residing at: At Mankopra,
Post, Chikhall (Ram), Tal. Darwha,
Dist. Yavatmal-445202,
Yogesh Duryadhan Rathod, Age 25
years, Residing at: At Post
Dhamangaon, Dev, Tal. Darwha,
Dist. Yavatmal-445202.
Amruta Yeshwant karekar, Age 32
years, Residing at: 3/33 1/4032,
Tagore Nagar, Vikhroli (East),
Maumbai-~dQ0083.
Ashish Laxman Naik, Age 29 vears,
Residing at: A-201, Prakash Kiran
Society, Thakurwadi, Dindayal
re)
sn}
CA
ge
60.
Road, Dombivll (W),7 yan,
Dist. Thane-421202..
Jivan ath Rakde, Age 27 years,
Residing at: At Post Shir pur, Tal.
Buldhana, Dist, Buldhana-443001,
Ganesh Nookaraju Mut tyals, Age 28
Years, Residing at: House no. 5/58,
Pursothapuram Village, Post
Khajeepalem, Munagapaka, Tal,
Anakapalli, Dist. Vishakhapainam,
Andhra Pradesh-531033.
Lenka Ch vant Babu, Age 26 years,
Residing at: House No. 5-48,
S Sathivani, Pa alem Village, Jaggavya,
Past Ps alem, Pendhurthi,
Mandalam,V ishakhapatam, Andhra
Pradesh-S30012.
Mangesh Madhukar Shimpne, Age
28 years, Residing at: At Past
Shirpur, Tal. Buldhana, Dist,
Buldhana-d43001,
Brijesh Kumar Paswan, Age 28
years, Residing at: Hardi Dali, Post
Nautanwa, dist. Maharajganj (Uerar
Pradesh)-273164,
Prashant Shankar Pandey, Age 27
years, Residing at: Village Hata
Barar, Past Shivpur, Dist.
Gorakhpur (Uttar Pradesh)}-273412.
Vijay Tukaram Chavan, Age 25
years, Residing at: Bhalgacn, Post
Kolara, Tal. Chikchali, Dist.
Buldhana-44370],
Shailesh Shvling Javir, Age 33
years, Residing at: Room No. 9,
Mahadev Co-op. Hey. Society,
eee Koliwada, Thane (West),
¥ onesh Kisan Chavan, Age 24
years, Residing at: Ambewadi, Post
Shirasi, Tal. Shirala, Dist. Sangli-
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Guawant Prathad Hivtode, Age 33
years, Residing at: Post Ohanadi,
Tal. Arvi, Dist. Wardha-44 1491 HH.
Siddharth Nar esh Dahikar, Age 27
years, Residing at: LAG B- 24/169
HUDCO Colen y, Abuja Nagar,
Nara Road, Jarip atka, Nagpin-
4d00 14,
Prabin Rumar Raut, » Age 26 years,
Residing at: Ambillgson, Vie
Kothar, Post Dhusurl, Dist,
Bhadrak-7S6113
Rohit Harishchandra Jadhav, Age 28
years, Residing at: NCH. Colony,
Ranjurmare CW), Mumbai-d00078.
Nilesh Mahadev Naik, As ge 25
years, Residing at: At Post
Ghavnale, Gavthanwadi, Kudal, Tal.
Rudal, Dist. Sindhudursa,
Maharashtra-4 16520.
Nikhil Rajesh Pawar, Age 23 y ears,
Residing at: Room No. 55, 5/9,
Panchshee! N Nagar, Gen, A i Marg,
Wadala (EF), Mumbai-d0o037
Mahesh Suresh Kesurkar, Age 29
years, Residing at... Worl,
Mumbai-40001 i gS .
Shrikant Suresh Pawar, Age 32
years, Residing at: Rodav, Dist,
Satara,
Dilip Kurnar Behara, Age 34 years,
Residing at: Balasare-756001.
Pandurang Shantaram Kate, Age 28
years, At Post: Kamthadi, Tal. Bhor,
Dis. Thane-412213,
Roshan Vishwas Wa agh, Age 28
years, At Valwadi, Post Valwade,
Tal. Malegaon, Dist. Nashik.
O9
(Mr. Vicky A Nagrani, Advocate}
fe Sa
Versus
Applicants
4
oO Cae he
OA Naa¢ess
ce Se hye desk
Saxe ERATE
Her Nps
eset. lL. Union of India through the Chief of Naval Stafr
Hae . Ba,
- a a integrated Head Quarters,
Minuisiry of Defence (Navy)
New Delhi T1001)
oe?
Peart
a weet
Ps
a
o j
( Y
Po
pay
me
br
The Flag OSicer Commanding in Chief
Head Quarters,
Western Naval Command
Shahaid Bhagat Singh Road,
Meuaunbai 400 001
(Mr. RR Shetty, Advocate)
OVA. No.274/2022
1. Prashant Sarnadhan Kharate, Deleted vide order
son of Samadhan Kharate dated 11.11.2022)
Age 28 years,
Residing at Khamgaon
Nandura, Buldhana
Maharashtra 443 404
2 Nilesh Sudhakar Rharate son of Sudhakar Nharate
Age 28 years
Residing at Matoda, Buldhana
Maharashtra 448 404
3. Pratik Raosaheb Jadhav,
Son of Raosaheb Jadhav,
Age 29 years
Residing at:
4. Kuldip Suhas Dhoke
son of Subhas Dhoke
Age 28 years
Residing at Near Shivaji Maharaj Statue,
Dalit Vasti
Muirzapur, Arvi, Akola 444 10
5, Avinash Dhanray Paunikar
Son of Dhanraj Paunikar
Age 28 years, Residing at Shop No.08
A Ray ma Seer: Beater
Chk. No.ga6) BORE Se pate
tern AS
z
y, Mahendra Nagar.
4 Nast wy 440 026
&. Alpesh Bhimraa Bhovate, son of Bhimrao Bhovate
Age 33 years, residing at ran Nagar,
Near Ambedkar Statue,
Ramgad, Kamptee, Nagpur, Maharashtra 441 002
"4
Pravin Shyamrac Khade
Son of Shyamrao Khade
Age 32 years, residing at:
At Post Ramtirth, Daryapur, Amravati Pin 444-803
A
Age 3 3} Years
rio Bid No.268/2D Neh colony Opposite
Akurti Cooperative Park LBS
Marg, Kanjurmag West, Mumbai 400 078
9, Akshay Pednekar
10, Prakash Kumar
Son of Shyamnandan Kumar
Age 2 27 years,
Va asant Elite, Va asant or alley Road,
Khadakpada, Kalyan OV}
Dist. Thane 427 301
ik Ashvin Manohar Rane
Age 27 years, 72/23 BIT Chawl
MG Mare Road, Agrinada,
Mumbai 400 011
12. Amol Damodar Gawande, age 33 years
r/at At Post Jalamb to Shegaon
Distt. Buldhana 444 303
rR, Dhanpal Devides Chavan
Age 29 years
GLA. Nousaa/ ease & hatch
fhert No.3
At Post Savergaonforst Po. Karli
Taluca Manora, Dist. Washim 444 404
14, Rahul Ashok Mahajan
Age 30 years
fat Shree Krishna Heights
Flat No.11, 3° Floor, near Durga Mata Temple
Mumbai Aera Highway, Behind Narhari Lawns
Pathardi Fata, Dist Nashik 422 016
o Applicants
(Mr Vicky A Nagrani, Advocate)
Versus
i, Union of Indla through the Chief of Naval Staff
Integrated Head Quarters,
Ministry of Defence (Navy)
New Delhi 110011
2. 'The Flag Officer Commanding in Chief
Head Quarters,
Western Naval Command
Shahaid Bhagat Singh Road,
Mumbai 400 001
.. Respondents
(Mr. RR Shetty, Advacate)
ORDER(ORAL)
Justice Ranjit V. More:
Since these three O.As. are analogous in nature involving similar question of fhets and law, they are being heard together and decided by this common order, CuK Ry ea cha NS mets 3
2. Heard Mr. Vicky A Nagrani, learned counsel for ¥ aoplicants and Mr. Ro Ro Shetty, learned counsel for respondents,
3. The applicants in these O.As. are seeking [0 consider their candidature by granting age relanation in the recruitment of civil personnel for the post of Tradesman Skilled, Group *C' Industrial, pay level-2 for 1321 vacancies in different trades. The case of the applicants is that they are eligible to apply for the past of Tradesman Skilled, They possess all the required qualifications, except the age, which, under the subject advertisement, is between 4, tt is the further case of the applicants that they have undergone the apprenticeship in different trades in Naval Dockyard on non-designated / designated trades ranging from 2012 omwards, however, for the fast 1 years, the respondents never issued any advertisement to All the post of Tradesman Skilled: and, therefore. they could not apply earlier. Now, in view of the passage of time, since they ig Bests) NO CLA. No.g¢S ase & batch ae have crossed the age limit, they deserve te he granted age relaxation.
LA Mr. Nagrani, learned counsel appearing for applicants took us to the Navy Group 'C" & 'D* Industrial Posts (Tradesmen and Labourers) Recruitment Rules, 2606 (ior short "Rules 2000) as well as the Integrated Headquarters, Ministry of Defence (Navy) Group °C industrial Posts (Tradesmen) Recruitment Rules, 2612 (for short "Rules 2012°), as amended in the year 2017, and submitted that under the Rules 2000, 60%) of the posts, under Designated Trade, were required to be Aled by absorption of Ex-Naval Apprentices of Designated Trades and 40% by promotion failing which by direct recruliment. So far as Non-Designated Trade, 90% af the posts are to be filled by absorption of Ex-Naval Apprentices of Non-
x Designated Trades and 10% by promotion failing which by direct recruitment, 6 In terms of Rules 2012, under the Designated Trades, 60% posts are to be filled by direct recruitment through 'selection of candidates holding National OA. No.jghf2oe0 & Batch erm No.3 3 24 eomramiineedat gant dt Seba la' eta a ces ues ag Apprenticeship Certificate in the relevant trade issued ' National Council of Vocational 'Training. Cher qualifications being equal, preference will be ¢ given to ex- appreniices of Dockyard Apprentice Schools of the Indian Navy and remaining 40% are to be Alled by promotion failing which by direct recruitment. So far as Non-
a6 nated Trades, 90% posts are te he filled by selection of Ex-Naval Apprentices of Non-Des! gnated Trades and 10%s by promotion failing which by recrultment, 7, However, the Rules 2012 were amended in the year 017 to the extent that 6096 posts of Tradesman Skilled are"
to be filled by selection of ex-Nava! apprentices having age criteria, as mentioned in-colurn (6) falling which by direct recruitment and 40% by promotion failing which by direct reeruitment, & In short, 2t is the submission of Mr. Nagrani that by virtue of Rules 2000, 60° posts of Tradesman Skilled, under Designated Trade, were req wired to be filled by absorption of Hx-Naval Apprentices of Designated Trades.
This was amended in year 2012 and it was proposed that Ls thant Nos oP, a Tra desrnan are fo be Alled by direct cas tft fe oe ise , ee SISTERS.
las recruitment through selection of candidates, however. preference WaS given io ex-apprentices of Dockyard Apprentice Sol amendment in the year 2017, 60% pasts of Tradesman Skilled are to be filled by selection of ex-Naval apprentices. Acc PRN OLY Re es ordingly, after amendment in the Rules in 2017, the applicants are not entitled for absorption, however, they are entitled for preferential treatment, subject to the age criterion, in recruitment to the post of Tradesman.
9, Mr, Nagrani submitted that had the respondents filled the post in question earlier, the applicants could have Lear either absorbed as Tradesman or given preferential treatment while recruiting the post of Tradesman. According to him, the applicanis have been deprived of this oppartimity because of Inaction on the part of the respondents, inasmuch as they have not taken any action rv for reerultrnent since fast 10 wears.
OLA. No.sdé feces & hatch
10. Relying upon the communication dated 09.01.7070 issued by the Ministry of Defence and annexed as Annexure A-12. 0 Mr Nagrant submitted thar the respondents are duty bound to frame their own pohey guidelines for appointment of Trained Trade Apprentices in their Industrial establishments as per provisions of the Apprentices Act, 1961 and hefore completing this exercise, the respondents could not have initiated the subject recruliment process li, Lastly, relying upon the decision of the Division Bench of High Court of Madras in Ex-Apprentices Association Cordite Factory Aruvankadu Branch v. Union of India & others 2016 SCC OnLine Mad 33612. Mr. Nagrani submitted that the applicants deserve to be granted the age relaxation so as to enable them to compele with other candidates.
lz, Mr. RR Shetty, learned counsel for respondents, on the contrary, vehemently opposed the O.As, He submitted that Naval Dockyard, Mumba! had issued an advertisenient Pad oe or Py wea fe Sg Ga ay hes IA. Nosab/aned & batch are: Abs. 3 ftam Nes im eiployment news dated 02 ~ 08 May, 2019 for Alling Pad ip of 299 posts for recruitment of Tradesman Skilled. He alo submitted that similarly, In other organizations under Indian Navy, such as Naval Command (HOSNC} Keech! and Headquarters Andaman & Nicobar Command (HOANC) Port Blair, selection took place vide employment news dated 12~ 18 December, 2015 for 1121 vacancies, 12 -- 18 December, 2015 for 40 vacancies; and 05 - 11 December, 2015 for 181 vacancies re spectively.
tt According to him, the applicants were free to participate in the selection process based on their having passed the National Apprenticeship Certificate Examination and eligibility criteria,
13. Mr. Shetty further submitted that the subject advertisement for recruitment of Tradesman is issued in accordance with the Reeruitment Rules framed under Article 309 of the Constitution, as amended from time to Hime; and, therefore, the same canriot be challenged on the ground that the age relaxation is not given to the applicants. He submitted that the claim of the applicants for age relaxation is contrary to the Rules and the same Reeder CLA NG.aebenee de bstch cannot be granted without challenge to the constitutional validity ef Recruitment Rules.
oF.
is. Insofar as the aforesaid decision of the High Court was is concerned, Mr. Shetty submitted that the G 2, me fh fe faa) Reemutment Rules, as amended from time ts time, is the palicy decision of the Government, as stipulated under section 22 (1} of the Apprentices Act, 1961.
15. Regarding the commumication dated 09.01.2020 (Ammexure A-12), Mr. Shetty submitted that the policy of the responds ents regarding the appointment of Tradesman is already in place in the form of Recruitment Rules, as amended from time to time.
16. Mr. Shetty also submitted that the applicants cannot claim right of automatic absorption in view of 2012 amendment to the said Rules. The rights of the applicants are never violated and giving age relaxation to the applicants will amotnt te legislate, which is not permussible, a fy hatch ltern News
17. Lastly, in support of his contention that the Tribunal < j os phe are ee ae fF Ate Eth est fice aK iy 4 cannot relax the age in recruitment, Mr. Shetty relied upon the decision of the Supreme Court in Union of India y. MLS. Heble (Deceased) through LRs & others 2002 SCC (L&S) 463,
18. Having considered the rival submissions of learned counse! for respective parties and having perused the compilation of O.As. alone with annexures, affidavit in reply @ad the decisions cited referred by the parties, we find no merit in these O.As.
12. Whh regard to age relaxation, the main ground of the applicants is that they have completed the apprenticeship course from 2012 omwards and during last 10 years, despite availability of vacancies, the respondents did not take any action to fill the posts of Tradesman (Skilled); and by passage of time, now the applicants have crossed the age limit, preseribed under the Recruitment Rules. We are unable to agree with the submissions of Mr. Nagrani, learned counsel for applicants, inasmuch as ii is Gk Ds DOL GY farsa & bate h the specific cortention of the respandents that in 2015, the ; 4 f : | TO ' - ' XM af 4 v % .. a Poe ig & §} Naval Dockyard, Mumbai and other organizations under \Qy/ NRE Cat ge ee SE the Indian Navy published < advertisernents for Mlling up 1606 + vacancies. The applicants could have participated in this reorutmoent process. Having failed to conrpete in this recruiiment process, now @ does not lie in their mouth to tum around and argue that the respondents have not » 4 inttiated the recruitment process for 10 years.
20. The Division Bench of High Court of Madras in Ex- Apprentices Association Cordite Factory Aravankadu Branch (supra) took note of amendment to Section 22 (1) | of the Apprentices Act, 1961 and directed the respondents therein to formulate a policy and frame a scheme in tune with Section 22 (1) of the Apprentices Act, 1961 for recruiting apprentices in regular posts armoangst those, who have completed the period of apprenticeship training. In the present matters, itis the case of respondents that the Recruitment Rules framed under Article 309 of the Constitution, a8 amended from tune to time, is their policy decision. Under the amended Rules, 60% reservation in the post of Tradesman is given to Ex-Naval Apprentices of .
OA. No sgrG/anae & batch tem No Designated Trades, however, the age of the candidate is 4p.
ay eS ~J a wo fe) 3 ye oe oe SO fed Arai:
me o wt ode Lh On & ee a me i ry we he a ffs tet th Be th ba rs oh sag £G powers ws oF £% eS Pp '2 # Ahn Pea Se oo the apprentices to the extent of period for which they had undergone the training, In our opinion, this can be said to be the policy adopted subsequent to the amendment to ae ae ae Section 22 (1) of the Apprentices Act, 1961.
21. Be that as nw may, the Model Contract of Apprenticeship Training for Major/Minor Apprentices is placed on record by the respondents along with affidavit in reply. Clause 13 thereof reads as under:
"13. We, the Employer, Apprentice or Guardian ** and the Surety solemnly declare that we have read the Aporentices Act, 1961, and the Apprenticeship Rules, 1992 regarding the contract of apprenticeship training Including obligations and agree to abide by all the provisions made thereunder. In case of default by the ether the apprentice of the employer, we agree to compensate the other party as per the provisions of the Apprenticeship Rules, 1992 (Main Provisions of the Rules may be seen in the Enelosure),"
wer
22. In Schedule V under Section 11 of the Aporsntices Act, 1961, the Obligations of Employer (both in the case 8 Cul. Nosas/eoee & bath Hemi wos of Major and Minor Trade Apprentices) are given. Clause 10 thereof reads as under:
"10) Tt shall not be obligatory on the part of the employer to offer any employment to the apprentice on completion of period of his apprenticeship training in his establishment nor shall it be obligatory on the part of the apprentice to accept an employment under the employer, Provided that if there is any recruitment, employer shall formulate its own policy for recruiting any apprentice who has completed the period ar apprenticeship training in his establishment in terms of sub-section (1) of section 22 of the Act."
93, In the light of Model Contract of Apprenticeship Training and the employer's obligations, referred fo above. we are of the firm opinion that no right is vested in the applicants to claim any right, much less the age relaxation. The applicants could not paint out any violation of the Reerultment Rules in the subject advertisement for rseruitment to the post of Tradesman Skuled. On the contrary, the exercise is dane perfectly in accordance with Recruitment Rules.
OA. NeaggAssoor & bates thera No.3 a Vass "EN; iy Fatal Soper cry oases Baek mayo Serko & We are in total agreement with the argument of that granting relief of age relaxation to the Bon applicants will be contrary to the Recruitment Rules and | the same will arnount to legislate, which is not pennissible for the Tribunal. In this regard, the respondents" argument is substantiated with the decision ef Supreme Cour in NLS. Heble's case (supra), wherein it has heen held thai when the Central Government has declined the power of relaxation under the relevant Rules, the Tribunal is not justified in exercising the same in derogation of the Rules,
25. 'aking totality of the facts and circumstances of the case, disctissed above, we do not find any merit in these OAs, Accordingly, the same are dismissed, Interin orders, ifany, shall stand vacated.
26. Pending M.As. ifany, shall stand dispased of No eosts.
(Dr. Bhagwan Sahai } ( Justice Ra nyjit V. More) Member (A) Chairman February 13, 2023 ésanilé