Central Administrative Tribunal - Ernakulam
M.P.Polachan vs Union Of India Represented By Secretary on 23 February, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A. NO. 721 OF 2010
Thursday, this the 23rd day of February, 2012
CORAM:
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER
HON'BLE Mr. K.GEORGE JOSEPH, ADMINISTRATIVE MEMBER
M.P.Polachan
Menachery House
Nedumbassery PO
Kapparassery South
Ernakulam ... Applicant
(By Advocate Mr.T.A.Rajan )
versus
1. Union of India represented by Secretary
Government of India
Ministry of Defence
New Delhi
2. The Flag Officer Commanding-in-Chief
Headquarters, Southern Naval Command
Naval base, Kochi - 4
3. The Chief Staff Officer (P&A)
Headquarters, Southern Naval Command
Naval base, Kochi - 4 ... Respondents
(By Advocate Mr.Sunil Jacob Jose, SCGSC )
The application having been heard on 23.02.2012, the Tribunal
on the same day delivered the following:
O R D E R
HON'BLE Mr.JUSTICE P.R.RAMAN, JUDICIAL MEMBER The applicant is an Ex-Naval apprentice. As per Annexure A3 Recruitment Rules 60% of the posts in the designated trade are to be filled up by absorption of Ex-Naval Apprentices and 40% by promotion of semi skilled workers with four years regular service in the grade. According to the applicant, there are 11 posts of Pipe Fitter (SK) under the 2nd respondent. As per Annexure A-3 Recruitment Rules, 7 posts are to be filled up by Ex-Naval Apprentices and 4 posts to be filled up by promotion. As against 7 posts of Ex-Naval Apprentices only 4 are working and as against the 4 promotion posts, 4 promotees are also now working . The 3 vacancies now existing are to be filled up by absorption of Ex-Naval Apprentices. Subsequently two have been appointed and there exists one vacancy in the cadre of Skilled trade of Ex-Naval Apprentices. According to him, the applicant is the next person in the seniority list entitled to be considered for appointment against the quota earmarked for Skilled trade. However, without considering the applicant, the respondents took steps to fill up one vacancy by promotion. Hence he has filed this OA. His main grievance is for a direction to the respondents to fill up the post of Pipe Fitter in accordance with quota prescribed in Annexure A-3 Recruitment Rules and to consider him in one of the existing vacancies of Pipe Fitter.
2. In the reply statement filed by the respondents it is stated that erstwhile trades of Plumber and Coppersmith were merged and re- designated as Pipe Fitter vide Integrated Hqrs, Ministry of Defence (Navy) Order FM 1228 dated 04.08.2006. Eight Plumber in the Highly Skilled and four in the Skilled category, five Coppersmith in the Highly Skilled and six in the Skilled category were available prior to the merger. Altogether 13 Highly Skilled and 10 Skilled category were available. It is further contended that in addition, one post of tradesman in the trade of Pipe Fitter has been sanctioned for the new raising Unit, namely Indian Naval Academy, Ezhimala. If that be so, there is a total of 24 posts available. Out of 24 posts according to the respondents, 10 posts will go to Skilled category. The correctness of which is under dispute. It is admitted by the respondents that 45% of the total strength is Skilled trade and 55% is Highly Skilled trade are available against the total strength. As per the above ratio, according to them, 12 posts in the Plumber have been reclassified as 7 Highly Skilled and 5 Skilled trade. Since 8 posts is Highly Skilled category already existed in the trade, status quo was continued in order to avoid reversion of one Highly Skilled person back to Skilled level. Therefore, the trade of Plumber was continued with 8 Highly Skilled and 4 Skilled trade. However, the ratio 45:55 on the grades of Skilled and Highly Skilled respectively was applied in the trade of Coppersmith as the number of Highly Skilled was increased to six which was beneficial to the employees. Accordingly, the trade of Coppersmith was restructured as 6 Highly Skilled and 5 Skilled category. According to them, six posts are catered for absorption of Ex-Apprentices and all the six posts have been filled up in by ex-apprentices in the trade of Pipe Fitter and the respondents are not considering the application for absorption.
3. In the additional rejoinder filed by the applicant it is pointed out that Government of India, Ministry of Defence by order dated 20.05.2003 had restructured the industrial cadre with integrated ratio of 45% of total sanctioned strength as Skilled Grade and 55% as highly Skilled. Even according to them, 23 posts of Pipe Fitters were available on merger of the posts of Plumber and Coppersmith as per Integrated Head quarters, Ministry of Defence order dated 04.08.2008 and in addition to the above said 23 posts, one post of tradesman in the trade of Pipe Fitter has been sanctioned for the Indian Naval Academy.
4. The point in controversy is as to whether there is one more vacancy available to be filled up from Ex-Apprentice quota or to fill up by promotion ? According to the respondents, there is no vacancy at present for Ex-Apprentice to be appointed. Going by the factual figures and admitted facts when there are 24 posts available, both inclusive of Skilled and Highly skilled, 45% are to be filled up from Skilled and 55% from Highly Skilled Grade. 45% of 24 is 10.8 and therefore it has to be taken as
11. Out of the 11 posts, 60%, if worked out comes to 6.6 to be filled up by Ex-Naval Apprentice. If 0.5 and above is considered as one there will be 7 posts available to be filled up. Admittedly only six have been pointed out from Ex-Apprentices. Therefore, the remaining posts is to be filled up by appointing Ex-Apprentices. We accordingly declare that the remaining vacancy of one post will go to Ex-Naval Apprentices and the applicant is the 4th in the seniority list, of the three above him, two have relinquished their claim and the applicant is the next available person. This is not in dispute. In the circumstances, there will be a direction to the 2nd respondent to consider the case of the applicant for being appointed in the Ex-Naval Apprentices quota in the Skilled category before appointing anybody else. This shall be done as early as possible, at any rate, within a period of three months from the date of receipt of copy of this order. .
5. OA is allowed as above. No costs.
Dated, the 23rd February, 2012. K GEORGE JOSEPH JUSTICE P.R.RAMAN ADMINISTRATIVE MEMBER JUDICIAL MEMBER vs