Central Administrative Tribunal - Ernakulam
Joy George vs Union Of India on 10 October, 2012
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 854 of 2012
Wednesday, this the 10th day of October, 2012
CORAM:
Hon'ble Mr. Justice P.R. Raman, Judicial Member
Hon'ble Mr. K. George Joseph, Administrative Member
Joy George, S/o. Late L. George, aged 41 years,
Ex-Naval Apprentice, Pallithekkethil, Panthaplave PO,
Pattazhi via Kottarakara, Kollam District. ..... Applicant
(By Advocate - Mr. M.R. Hariraj)
V e r s u s
1. Union of India, represented by the Secretary to Government of
India, Ministry of Defence, New Delhi-110 001.
2. The Flag Officer, Commanding in - Chief, Southern Naval
Command, Kochi-682 004.
3. The Chief Staff Officer (P&A), Headquarters, Southern Naval
Command, Kochi-682 004. ..... Respondents
(By Advocates - Mr. Sunil Jacob Jose, SCGSC)
This application having been heard on 26.09.2012, the Tribunal on
10.10.2012 delivered the following:
O R D E R
By Hon'ble Mr. K. George Joseph, Administrative Member-
The applicant is an Ex-Naval Apprentice in the trade of Electrician and has passed the prescribed trade test conducted by the National Council for Vocational Training. As per recruitment rules the post of Tradesman (Skilled) in a designated trade is to be filled 60% by absorption by Ex-Naval Apprentice of designated trades. According to the applicant there are 8 vacancies available in the Electrical Fitter Trade out of which two vacancies are earmarked for OBC category to which he belongs.
2. The applicant has filed this Original Application for a direction to the respondents to consider him for absorption as Tradesman (Skilled) in Electrical Fitter trade in the available vacancy in accordance with his seniority and status of OBC with effect from the date of occurrence of vacancy with all consequential benefits including arrears of pay and allowances with interest.
3. Heard the learned counsel for the parties and perused the records.
4. In a catena of decisions this Tribunal has held that age limit prescribed in Recruitment Rules, 2002 as at Annexure A2 is applicable to direct recruitment only. For absorption there is no age limit. As per the order of this Tribunal in identical cases this Original Application is to be allowed as under:-
Respondents are directed to consider the applicant for absorption as Tradesman (Skilled) in Electrical Fitter trade as per availability of vacancy and in accordance with his seniority and turn in the category to which he belongs as early as possible at any rate within a period of four months from the date of receipt of a copy of this order. No costs.
(K. GEORGE JOSEPH) (JUSTICE P.R. RAMAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER "SA"