Central Administrative Tribunal - Kolkata
Sri Saptarshi Basu vs Eastern Railway on 26 September, 2025
1 O.A. 350/00926/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00926/2025 Heard on: 22.09.2025
Date of order: 26.09.2025
Present : Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
Shri Saptarshi Basu,
Son of Sri Samir Kumar Basu,
Residing at 24, Paul Chowdhury Street,
Chotobazar,
Post Office and Police Station : Ranaghat,
District : Nadia,
Pin Code No. : 741201.
.
..... Applicant
- VERSUS-
1. Union of India, Service
through the General Manager,
General Manager's Office,
17, Netaji Subhas Road,
Eastern Railway,
Kolkata - 700001.
2. The Chairman,
Railway Board,
New Delhi,
Room No. 256-A,
Rail Bhawan,
Raisina Road,
New Delhi, Delhi - 110 001.
3. The Chairman,
Railway Recruitment Board,
Kolkata Metro Railway,
A.V. Complex,
Chitpur,
Opposite to R.G. Kar Medical College and Hospital,
R.G. Kar Road,
Kolkata - 700 037.
4. The Chief Works Manager,
Eastern Railway,
Kanchrapara Railway Workshop,
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=133598026844054409pZp0Sk77DU2VN1,
Phone=495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888,
PostalCode=712223, S=West Bengal, SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu
Pramanik
Pramanik
Reason: I am the author of this document
Location:
Date: 2025.09.26 15:44:26+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A. 350/00926/2025
Post Office : Kanchrapara,
District : North 24 Parganas,
Pin : 743145.
5. The Deputy Chief Personnel Officer,
Eastern Railway,
Kanchrapara Railway Workshop,
Post Office : Kanchrapara,
District : North 24 - Parganas,
Pin - 743145.
6. The Assistant Welfare Officer,
Eastern Railway,
Kanchrapara Railway Workshop,
Post Office : Kanchrapara,
District : North 24 Parganas,
Pin : 743145.
7. The Chairman,
Railway Recruitment Cell,
Eastern Railway,
56, Chittaranjan Avenue,
Kolkata - 700 012.
.... Respondents
For the Applicant : Mr. B. Pramanick, Counsel
For the Respondents : Mr. H. Ghosh, Counsel
ORDER
Per Ms. Urmita Dutta (Sen), Judicial Member:
The instant Original Application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 praying for the following reliefs:-
"(A) The applicant should be given chance and/or benefits for recruitment to the post of Group 'D' by considering his case as he has possessed the apprenticeship certificate as required by the Railway Recruitment Board.
(B) This Hon'ble Administrative Tribunal pass a direction upon the respondent authorities not to give effect the said impugned Order and/or set aside the same by considering the case of the applicant's in the light of Directorate General of Employment and Training, New Delhi Order (as set out in Annexure "A-6".
(C) This Hon'ble Administrative Tribunal may be pleased to pass a direction upon the respondents to consider the case of the applicant for Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=133598026844054409pZp0Sk77DU2VN1, Phone=495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.09.26 15:44:26+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A. 350/00926/2025 recruitment to the post of Group 'D' as per order of the DPET, New Delhi (as set out in Annexure "A-6").
(D) By directing the respondents to transmit all the records of the case the Hon'ble Administrative Tribunal, so that conscionable justice may be rendered in pursuing the same.
(E) A Rule in terms of prayers (a), (b), (c) and (d).
(F) To make the Rule absolute.
(G) And pass such order or orders as to your Lordships may seem fit and
proper."
2. The applicant applied for engagement as Apprentice under the Apprenticeship Act, 1961 and Apprenticeship Rules, 1962 on 17.08.2015 against Notification dated 24.07.2015 published in Employment Notice No. 01/2015-16/KPA to the Workshop Personnel Officer, Eastern Railway, Kanchrapara. He is a Trade Apprentice as designated Trade Fitter obtaining the Trade Apprentice Course after successful completion of one year period of training duration from 11.10.2018 to 11.10.2019 and passed the said Trade Certificate Course being the Registration No. A081732659 under Eastern Railway Workshop, Kanchrapara and received the certificate in the month of September, 2020 from the said authority.
Pursuant to notification dated 24.07.2015 for recruitment in the Apprentice Course till getting the Trade Certificate five years had elapsed due to administrative latches on the part of the respondent authorities.
The applicant alleges that if the Trade Certificate is provided after completion of one year form the date of notification, then the applicant would have got the opportunity of 20% of reservation for direct appointment to the post of Group 'D' under the respondent authorities.
The applicant applied for Gr. 'D' post in the year 2019 and furnished all the particulars as required by the Railway Recruitment Board in accordance with the instructions of the advertisement. Accordingly, the Computer Based test was conducted for selection to the Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=133598026844054409pZp0Sk77DU2VN1, Phone=495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.09.26 15:44:26+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A. 350/00926/2025 said post against Roll No. 224191220117867 was held on 07.10.2022 and he appeared in the said examination and came out successful in the said selection test.
Thereafter, another Notification being No. 558E/119 (Policy)/Pt. XIV dated 24.07.2015 was issued wherein it was specifically stated that the candidates who were engaged and/or passed out Trade Apprentice Course can apply for the post for the purpose of recruitment. The applicant states that while applying for the said post, he could not annex the certificate due to latches on the part of the respondent authorities.
He contends that if he would have obtained the Trade Certificate within the stipulated period of one year, then he would have got a fair chance of being appointed.
The applicant also came to learn that vide Notification bearing No. E(NG)II/2016/RR-1/8, New Delhi, dated 21.06.2016 issued by the Director Estt. (N) II, Railway Board, New Delhi and also another notification issued by the same authority dated 13.04.2022 wherein it has been stipulated that 20% reservation will be accorded to the candidates who obtained the passed certificate of Trade Apprentice Training and he will be recruited and/or appointed directly.
The applicant further states that as per Orders of the Director General of Employment and Training the candidates who completed Trade Apprentice Training and obtained certificate thereof in an establishment should be considered for appointment to a vacant post which occurred in the same Organization.
The Hon'ble Supreme Court has held that Trade Apprentice should be given three years age relaxation by taking their examination period for the purpose of giving appointment to the concerned post in the establishment where he completed the said Training. Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=133598026844054409pZp0Sk77DU2VN1, Phone=495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.09.26 15:44:26+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A. 350/00926/2025 In pursuance to the aforementioned notification and Order of the Director General of Employment and Training, New Delhi, the applicant made representation to the respondent authorities praying for granting him benefits of direct recruitment in 20% reservation quota for Trade Apprentices and also benefit of such recruitment as provided in the Director General, Estt. New Delhi Order for the post of Gr. 'D' in the same establishment under the Indian Railways.
After receiving the representation by the said authorities, the respondent authorities vide communication dated 12.04.2025 intimated the applicant that the Trade Apprentices Certificate issued by the Directorate General of Training (Recognized by NCVET), New Delhi and having possessed the same by the candidate, he will be entitled to the benefit of 20% direct recruitment to the said post, without considering the other aspect of the said DG, Estt., New Delhi Order for such recruitment under the same Organisation where the applicant got the Training and obtained the certificate.
According to the applicant, the said communication has been issued without considering the merit of the applicant's representation wherein the applicant specifically stated that he is legally entitled to get the benefit of 20% direct recruitment as a Trade Apprentice having the valid Trade Apprentices Certificate issued by the Directorate General of Training (Recognized by NCVET), New Delhi and also in the light of the Directorate General of Employment and Training, New Delhi Order as stated above and affirmed by the Hon'ble Supreme Court with regard to providing relaxation of age. The applicant states that the said impugned Order is not tenable in the eyes of law pursuant to notification of the Railway Recruitment Board for such 20% recruitment from Trade Apprentices, which clearly envisages that the candidates having the Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=133598026844054409pZp0Sk77DU2VN1, Phone=495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.09.26 15:44:26+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A. 350/00926/2025 Trade Apprenticeship Certificate will get the benefits of such direct recruitment as like the applicant is entitled to receive the benefits, however the respondents had failed to consider the candidature of the applicant for such recruitment and the further the impugned Order has been passed without considering the DG, Estt. New Delhi Order when the applicant had completed the Apprenticeship Training and obtained the Certificate issued by the Directorate General of Training, New Delhi in Railway Organisation and recruitment took place in the same Organization in the Indian Railways and the applicant is legally entitled to get appointment in the said post in pursuance to the above Circulars.
3. We have heard the Ld. Counsel for both sides and perused the materials available on record.
4. From perusal of the letter dated 12.04.2025 issued by the Assistant Welfare Officer, Eastern Railway, Kanchrapara addressed to the applicant we find that it has clearly been mentioned that the Apprenticeship Training under Apprentice Act is not for employment in Railway Establishment. However, as per PCPO/ER/Kolkata's Serial Circular No. 75/2016, 20% of vacancies for direct recruitment in Level - I shall be filled giving preference to the Course Completed Act Apprentices trained in Railway Establishment and possessing National Apprenticeship Certificate granted by National Council of Vocational Training. In the said communication, it has clearly been mentioned that an incumbent is eligible to get the benefit of 20% reservation quota only if he acquires an Apprentice Certificate before the cut off date as per Notification for the post of Level-I in Railways.
Thus, we find that any person can only be eligible to get the benefit of 20% reservation quota only if he acquires the Apprentice Certificate before the cut off date. The applicant though had passed the Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=133598026844054409pZp0Sk77DU2VN1, Phone=495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.09.26 15:44:26+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A. 350/00926/2025 Apprenticeship Training Course during the year 2019 but was in possession of the certificate only in the month of September, 2020.
Thus, he could not annex this Certificate on the date of applying for the Gr. "D" post in the year 2019 and was deprived from receiving the benefit of 20% reservation quota.
5. We find that the cause of action in this case has arisen in the year 2019, whereas the applicant has only approached this Tribunal on 01.07.2025, hence this O.A. is severely barred by the principles of limitation as envisaged under Section 19 of the Administrative Tribunals Act, 1985. We also find that the applicant has also not filed any Miscellaneous Application seeking condonation of delay in filing the Original Application. Hence, the O.A. being grossly time barred in dismissed on the ground of limitation itself.
6. Apart from this, the Hon'ble Apex Court has time and again held in various judgments that a tribunal should not interfere in routine administrative matters without evidence of illegality, irrationality, perversity, or bias, as established by Indian Supreme Court judgments like Afcons Infrastructure Ltd. v. Nagpur Metro Rail Corp. Ltd. and Municipal Council Neemuch v. Mahadeo Real Estate. The principle is that courts and tribunals have limited scope in reviewing administrative actions unless there is a clear "vice" such as bias, lack of competency, non-application of mind, or procedural impropriety.
7. It is also observed that the examination was held in the year 2015 and obviously the selection process has already been completed by appointing the eligible candidates. Therefore, those who have already been appointed in those posts would be affected party and they have Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=133598026844054409pZp0Sk77DU2VN1, Phone=495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.09.26 15:44:26+05'30' Foxit PDF Reader Version: 2024.3.0
8 O.A. 350/00926/2025 not been impleaded in the array of parties as party respondents. Thus, the O.A. suffers from non-joinder of necessary parties.
7. Accordingly, the O.A. is dismissed. There shall be no order as to costs.
(Anindo Majumdar) [Urmita Datta (Sen)]
Administrative Member Judicial Member
sp
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=133598026844054409pZp0Sk77DU2VN1, Phone=495dab51bd16f95eab3873746237af9545f09bb4143baf81a658d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eaee8938da0637e, CN=Shantanu Pramanik Pramanik Reason: I am the author of this document Location:
Date: 2025.09.26 15:44:26+05'30' Foxit PDF Reader Version: 2024.3.0