Central Administrative Tribunal - Jabalpur
Ravikant Kumar vs M/O Defence on 22 March, 2023
1 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
1. Original Application No.200/730/2012
2. Original Application No.200/731/2012
3. Original Application No.200/732/2012
Jabalpur, this Wednesday, the 22nd day of March, 2023
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MR. KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Yogendra Kumar Tiwari, aged about 24 years, S/o Shri Vijay Kumar
Tiwari, R/o Gram Junli, Post Guhla, Tahsil and District Katni (M.P.).
-Applicant in OA 200/730/2012
Ravikant Kumar, aged about 30 years, S/o Shri Surendra Kumar, R/o Street
No.43-B, Quarter No.8-A, Area-8, P.O. Police Station, Chitranjan, District
Wardhman, West Bengal 713331.
-Applicant in OA 200/731/2012
Amit Kumar Upadhyay, aged about 27 years, Shri A.K. Upadhyay, R/o
Near West Land, O.F.K. Katni, Vivekanand Ward, District Katni.
-Applicant in OA 200/732/2012
(By Advocate - Shri K.N. Pethia)
Versus
1. Chairman & Managing Director, Yanta India Limited Head Quarter,
Amrawati Road, Ambhjhari, Nagpur (Maharastra) - 4420021.
2. Directorate of Ordinance (Coordination & Services), 10-A, S.K. Boase
Road, Kolkata.
Page 1 of 10
2 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012
3. Ordnance Factory, Katni through its General Manager, District Katni
(M.P.) 483501
-Common Respondents
(By Advocate - Shri N.K. Mishra)
(Date of reserving order : 08.02.2023)
ORDER
By Akhil Kumar Srivastava, JM.-
These Original Applications have been filed by the applicants aggrieved by the fact that they have not been extended relaxation in the recruitment process.
2. As agreed by learned counsel for the applicants that the issue involved in all three Original Applications is common in nature, all these Original Applications are decided by way of a common order. For the purpose of this order, the facts and the documents produced in OA No.200/730/2012 are referred to for brevity.
3. Brief facts of all the three Original Applications are that applicant in OA No.200/730/2012 was selected for apprenticeship in Mechanist Trade and he has undergone the apprenticeship training from 24.09.2007 to 23.09.2010. Applicant in OA No.200/731/2012 had undergone apprenticeship training in the Turner Trade from 19.09.2005 to 18.09.2006 for one year and the applicant in OA No.200/732/2012 had completed his Page 2 of 10 3 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012 apprenticeship training in Operator Advance Machine Trade from 05.09.2003 to 14.09.2006 for three years. The respondents have published a notification (Annexure A-4) for recruitment to the various posts in Semi- Skilled grade in the Industrial Establishment or Ordnance Factory Katni (MP). It is the case of the applicants that the said recruitment notice has been issued in utter violation of the directives issued by the Hon'ble Apex Court in the case of U.P. State Road Transport Corporation and another vs. U.P. Parivahan Nigam Shishukhs Berozgar Sangh and Others, AIR 1995 SC 1115 as no provision has been made for reservation of the apprentice trainees.
4. In their reply, the respondents have stated that the direct recruitment for the post of Semi Skilled Grade Workers under skilled posts was regulated in terms of Ordnance Factory Board (OFB) letter No.570/A/I(III) dated 15/20th October, 1999 (Annexure R-1). Thereafter, a Writ Appeal No.316/2007 was filed before the Hon'ble Madurai Bench of the Madras High Court, which was disposed of vide order dated 14.12.2007 following the principles laid down in the case of UPSRTC and another (supra). Against the said order, an SLP(C) No.21454/2008 was filed and the same was dismissed vide order dated 15.10.2010. Accordingly, the OFB vide letter dated 24.11.2010 Page 3 of 10 4 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012 (Annexure R-2) directed to keep in abeyance all the recruitment action/process to the post of Industrial Employees (Semi-skilled Tradesman) and vide letter dated 06.01.2011 (Annexure R-3) it was directed to follow revised procedure as per Annexure R-4 procedure. Hence, Ordnance Factory, Katni made direct recruitment for 70 posts of Semi- Skilled Tradesman following revised procedure inviting applications through the Employment Exchange and advertising in Employment News and Newspapers through DAVP along with Ex-Trade apprentice of O.F. Katni.
5. So far as the contention of the applicants vis-à-vis Shri Raj Kumar and Shri Jai Kumar, it has been stated by the respondents that Shri Raj Kumar was appointed w.e.f. 01.02.2005 in Millwright (SS) Trade vide Factory Order Part-II No.332 dated 11.02.2005 and on functional requirement of the Factory, he was re-designated as Machinist (SS). Further, Shri Jai Kumar an Ex-trade apprentice of Machinist trade was appointed in Examiner (SS) trade w.e.f 09.08.2010 being the senior apprentice in all trades and since there is no specific apprenticeship training offered for Examiner trade, an Ex-trade apprentice of all trades are eligible for the same. It has also been stated by the respondents that all eligible Ex-trade apprentices of Ordnance Page 4 of 10 5 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012 Factory, Katni including applicants were called for written examination along with candidates applied through open advertisement. However, applicants could not stand in the merit and, therefore, they were not selected. Merely possessing requisite qualification does not entail for appointment and one has to compete with other candidates.
6. We have heard the learned counsel for the parties and perused the pleadings and the documents available on record. Also gone through the written submissions supplied by the learned counsel for the applicants during the course of argument.
7. Initially, the recruitment of Ex. Trade Apprentices in Ordnance Factories was regulated as per the instructions contained in letter dated 15/20.10.1999 (Annexure R-1) and the ex-trade apprentices were given preference in recruitment and only the trade test was conducted to ascertain whether the ex-trade apprentice is fit for the job or not. Subsequently, A Writ Appeal WA (MD) No.316 of 2007 was filed before the Hon'ble Madurai Bench of the Madras High Court by one Shri M. Sabarinathan (not an ex-trade apprentice) seeking direction to make appointment with respect of the vacancies in the post of Machinist (SS) through Employment Exchange and publication in Employment Newspapers. The Hon'ble Court Page 5 of 10 6 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012 of Madras disposed of the said Writ Appeal vide order dated 14.12.2007 with the following observations:
"On a careful reading of the decisions of the Apex Court, cited by the both the counsel and also the records, we deem it appropriate to follow the principles laid down in U.P. State Road Transport Corporation and another v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh and others, 1995(2) SCC 1, and Excise Superintedent, Malkapatnam v. K.B.N. Visweswara Rao, 1996 (6) Supreme Court Cases 216, and hold that the requisitioning Department should call for the list of eligible candidates from employment exchange and the apprentice department or undertaking or establishment shall invite candidates by publication in newspapers and other media, and then consider the cases of all the candidates, who have applied, and, in the selection process, other things being equal, trained apprentices shall be given preference. The said procedure shall be adopted on future occasions and the appointments made hitherto shall stand unchanged."
8. In pursuance to the order passed by the Hon'ble High Court of Madras, which has also been affirmed by the Hon'ble Supreme Court in SLP (C) No.21454 of 2008 dated 15.11.2010, the Ordnance Factory Board vide letter dated 06.01.2011 (Annexure R-3) has decided that recruitment action involving only outside candidates through open advertisement/Employment Exchange may be processed and finalized by carrying out selection strictly on relative merit. The Annexure appended with the said letter prescribes the procedures for processing direct recruitment to the post of Semi-skilled Tradesman in the Industrial cadre, which inter alia reads as under: Page 6 of 10
7 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012 "(A) The vacancies will be notified to the Employment Exchange for forwarding the list of eligible candidates. Simultaneously, the vacancies will be published in newspapers, Employment News & other media through DAVP. In addition, the recruitment notices should also be displayed in the Factory's Notice Board for wide publicity. The ex-
trade apprentices of the Ordnance Factories would not be required to get their names sponsored by Employment Exchange. However, the Ex-trade apprentices of the concerned recruiting Ordnance Factory would not be required to apply against the recruitment notice and they will be considered along with others. Ex-trade apprentices of the Ordnance Factory may be given relaxation in age to the extent of the period for which they had undergone training.
xxx xxx xxx (C) The selection will be made strictly on the basis of merit. The selection process will comprise of written test of 100 marks and Trade Test (Practical) of 100 marks. All eligible candidates will be called for an objective type written test. On the basis of merit of written test marks, candidates will be called for Trade Test (practical test) of 100 marks in the ratio of 1:3 to the number of vacancies. Final merit will be decided on the basis of combined marks in the written and practical test."
9. Subsequently, to make the selection procedure for direct recruitment of Tradesman in Semi-skilled grade more objective and transparent and in partial modification of letter dated 06.01.2011 (Annexure R-3), the OFB has issued a letter dated 15.06.2012 (Annexure R-5) with the following stipulations:
"3. In partial modification of OFB letter under reference, the following stipulations are made with regard to selection of Tradesman in semi-skilled grade through Direct Recruitment in Ordnance Factories:-Page 7 of 10
8 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012
(i) The selection process shall comprise of Written Test of 100 marks and Trade Test (Practical).
(ii) Written Test shall be fully objective type and OMR based.
(iii) The Trade Test (Practical) shall be only qualifying in nature, without any marks.
(iv) The result of written examination shall be submitted by the Chairman of the Board to Head of the Department under a strictly confidential note for further necessary action. While notifying the list of successful candidates in the Written Test to be called for Interview, the list shall be prepared and notified in alphabetical order and not in the order of merit.
(v) On the basis of merit list based on marks obtained in Written Test, candidates 1.25 time the number of vacancies shall be called for Trade Test (Practical).
(vi) The Trade Test (Practical) Board shall invariably be headed by an officer of the rank of Additional General Manager.
(vii) The Written Test Board and Trade Test (Practical) Board shall be separate and distinct.
(viii) The final select list shall be based on marks in the Written Test only, the Trade Test (Practical) being qualifying in nature. The final select list shall be prepared and displayed in order of merit."
10. A plain reading of the aforesaid letters/clarifications issued in compliance of the directives of Hon'ble High Court of Madras, make it clear that the earlier process of selection, which was solely based on the fitness cum seniority of ex-trade apprentices, without asking them to appear in the written examination, has been revisited and now the ex-trade apprentices are also required to appear in the written examination and the Page 8 of 10 9 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012 preference is only limited to the relaxation in age. The advertisement (Annexure A-4) reveals that the procedures contained in the OFB letters (supra) have been duly followed and the relaxation in age upto the period of trade apprenticeship training for ex-trade apprentices of Ordnance Factories was provided in the said advertisement.
11. The applicants, who are the ex-trade apprentices, were also called for written test along with the other non ex-trade apprentice candidates. The basic requirement in order to prepare the merit list is based on the marks obtained in the written test and the Trade Test is only qualifying in nature. But the applicants have not been able to secure their names in the merit list. The applicants before participating in the selection process were fully aware about the provisions/conditions/instructions etc. given in the advertisement and it is only after not being successful in the selection process, the applicants have agitated their grievances challenging the said advertisement. Regarding the allegation of the applicants qua the appointment of Shri Jaikumar and Rajkumar, the same has been duly replied by the respondents in their counter affidavit and there is no rebuttal by the applicants by filing any rejoinder.
Page 9 of 10
10 OA Nos.200/730/2012, 200/731/2012 & 200/732/2012
12. We find that the instructions/clarifications issued by the OFB were as per the law laid down in the case of UPRSTC and another (supra), which has further been considered by the Hon'ble High Court of Madras in Writ Appeal WA (MD) No.316 of 2007 decided on 14.12.2007, upheld by the Hon'ble Supreme Court in SLP (C) No21454 of 2008 and hence the advertisement issued in line with the instructions issued by the OFB does not call for any interference. Hence, the applicants are not entitled for any relief.
13. In the result, all these three Original Applications are dismissed being devoid of merit.
14. A copy of this order shall also be placed on the other two connected Original Applications also.
15. No order as to costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
Page 10 of 10