Central Administrative Tribunal - Kolkata
Tushar Maity vs Eastern Railway on 16 August, 2018
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1 O.A.131.2013
RT;;
ENTRAL ADMINISTRATIVE TRIBUNAL ...
KOLKATA BENCH, KOLKATA I
No. O.A. 131 of 2013 Date of order :16.8.2018
Present : Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Dr. Nandita Chatterjee, Administrative Member
Shri Tushar Maity,
Son of Parimal Maity,
Aged about 36 years,
Residing at Viii. & P.O. - Barbajitpur,
District - Purba Medinipore,
Pin -- 721645 (WB).
Applicant
- VERSUS-
Union ofI
GeneralManagerç..
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Eastern Railway, - ..
Fai,1ié PIa1 é-...\\.
Kdikata
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1.
The)Dy. ChIef Pe'ronrieIOfficer/B.P.
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Eastern-RaiIway,. ..
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17, NtS'1ROU, . .
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Fairli-PIace, ./
Kolkata - 700001:
.. Respondents
For the Applicant : Mr. A. Chakraborty, Counsel
Ms. P. Mondal, Counsel
For the Respondents : Mr. P. Kumar,Counsel
ORDER
Per Dr. Nandita Chatterjee, Administrative Member:
Aggrieved at not being appointed as Technician Grad.e - lii (Diesel/Mechanic) with reference to Special Recruitment Drive with persohs with disability as notified in employment Notice No. 1/2012/PWD (ER), the ap,pIicant has sought the following relief in the instant O.A.:-
2 O.A. 131.2013 "(a) An order do issue directing the respondents to include the name of the applicant in the panel of Physically Handicapped quota against Special Recruitment Right vide Employment Notice No. 01/2012/PWD(ER) published by the Chief Personnel Officer, E. Rly., and to grant him appointment in the post of Technical Grade- Ill."
Heard both Ld. Counsel, examined pleadings and documents on record. Ld. Counsel for applicants submits written notes of arguments.
The case of the applicant, as canvassed by his Ld. Counsel, is that the Eastern Railway had conducted a Special Recruitment Drive to fill up 23 posts of Technician Gr. Ill (Diesel/Mechanic) in Eastern Railway and that, it was stipulated in the said Employment Notice that the educational qualifications required for the said post was successfully "course completed Act Apprentice and / or lTl passed candidates in the relevant trade approved by NCVT/SCVT."
That, the applicant's name w$ ottkpciuded. in the panel of Physically
Is
Handicapped quota againstch1
SP rive although he was
declared successful in the :wrItt?.QS rieved, the applicant
g....
has approached this 1Thibunal inthe1it The applicant, irhissuppth grounds, namely, the appl both Petrol & Diesel Vehicle (Mech the syllabi for Mechanic ide and Diesel Mechanic makes it evident that training in respect of Diesel Mechanic is mandatorily included in the syllabus of Mechanic Motor Vehicle; hence the cancellation of the applicant's candidature on the ground that he had faUed to procure the certificate of Diesel Mechanic from the concerned ITI is erroneous and therefore seeks judicial intervention.
4. The respondents, in their written statement of defence as well as during oral arguments have argued that the applicant did apply for the post of Technician Gr. Ill in in response to Railway Employment Notice 1/2012/PWD (ER) which was a Special Recruitment Drive for PWD quota and having qualified in the written examination appeared for document verification before the 3 O.A. 131.2013 he verification Committee UOfl examination of the documents of educatlon/technicat qualification of the applicant found tht his trade certificate certifies his trade as "Mechanic Motor Vehicle" againSt the respondents' requirement of Diesel Mechanic and as the applicant ha not fulfilled the requisite minimum educational qualificatiOflS the applicant was considered unsuitable for the said post and was not finally empanelle1 for appointment.
The sole point for determination in the context of the instant Original Application IS whether the certificate of Mechanic Motor Vehicle is a certificate in the "relevant trade" as asked for in the recruitment notification.
The relevant portion of the advertisement bearing No. 1/2012/PWD(ER) is St ( reproduced below:-
c,•' }r7Eployc;eflt'NeWs 21-27 July, 2012 . \ FS Wl;,A-,ISABILITY QUOTA, SPECIAL RECRUITMEF'LT DRF I I EASIEN'RAI.LW' PS. F Pi No of Post ReserVea..y I Scle Categ pos1 \ ', .''...
../ ,' 'oil of PWD Educational liflcatIon Trainigh Pe nod ory \OH ii VHHH ,Total required No OL SuccesSfUlly As per 23'. 0 0 ....'23 f
4. Technician 520020200I-
Gr.11(Dsl/Mech.) G.P. 1900 completed A Apprentices passed candidate in the relevant trade approved by xxxxx xxxxx xxxxx The relevance of trade has not been defined in the copy of the advertisement produced before us. The Ld. Counsel for the applicant during oral submissions has, however, submitted documents stating that certain information had been procured by the applicant through RTI consequent to hich\the following has come to light:
4 O.A. 131.2013
(i) That employment notification No. 10/2010(SRD) of the pst of Diesel Mechanic had stated that the minimum Technician Gr. Ill I educational qualification was Matriculation plus Course Completed in the trade of Act ApprenticeShiP/IT1 approved by NCVTISCVT Fitter, Millwright Maintenance Mechanic, Mechanic Motor Vehicle, Tractor Mechanic, Mechanic Diesel, Heat Engine.
(ii) That the CPIO of the respondent authorities have clarified that.the required minimum qualification set out by the RRB, Malda for the postof Technician Gr. Ill I Diesel Mechanic against category No. 45 in EN 01/2008 and Category No.. 26 in CEN 09/2010 d.ated 22.5.2010 is Matriculation plus course completed Act ApprenticeshiP/IT1 aprb'édtby, 4.NC\'T/SCVT in the trade of •, Si Fitter/Fitter General.
CE1N'b. 04/2012 lays down
(iii)Further, aico .. Ic
r
•. . .
that the eligibility cnditi .fôr5echriician Gt. 1:11 is as follows:-
ci,.
Matriculation-, plus "Coi.isé \ Go?npleted Act ApprenticeshiP/ITt \.
J approved by Nrs;cV¼TSCVT in >the\trade of FitterllnstrUrfleflt MechanicIMilIWright MéäharidIMotOf /Vehicle Mechanic/Diesel :-_-.
Mechanic/Heat Engine iTurflër IMechanist / Welder I Mechanic Draftsman / Engineering Drawing and while specifying vacancies for RRBlGorakhPur & Srinagar, the Respondents advertised that the minimum requisite educational qualification set in the CEN 01/2014 for the category No. 39 (Tech. Gr. Ill Diesel Mechanic), is "Matriculation plus course completed Act ApprenticeShiPllTl approved by NCVTISCVT in the trade of Auto Mobile/Mechanical Fitter."
(iv) The RRB, Siliguri has also stated that the qualifiatiofl for Technician Gr. Ill Diesel Mechanic is "Matriculation plus course 5 0.A: 131.2013 NCVTISCVT in the Dieted Act ApprenticeshiP/ITt approved by of Auto. Mobile/Mechanic Fitter".
Chennal in the CEN No. 01/2014 has laid down the
(v) Again, RRB for Technician Gr. tII Diesel following as the eligibility conditions Mechanic:
"Matriculation plus course completed Act ApprenticeshiP/ITt the trade of Fitter/iltwright approved by NCVT/SCVT in .
Maintenance/Mechanic (Motor Vehicle)ITraCtor Mechanic! Mechanic (Diesel)!Heat Engine.
.
RRB, Jammu Srinagar laid down the following as the eligibility
(vi) conditions for Technician Gr. Ill Diesel Mechanic:
rcçmpletd Act Apprenti%eShiptITt "Matriculation plus,.. cçU'rét 'L- \ Atrade of itstrument approved by Mechanic."
' Iiaflt{rfliSheS coje of the syllabus for The Ld. Counsel for th 'r2'7 1 I Mechanic Diesel as ells for Mechnic\MO5r Vehic1ë to prove his case and '.
i
/ , I
points out that the syllabifor both are similar n'content. / thaØlicant reiterates that while During oral ioh*\ ~ s;
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the applicant underwent the coursefDie(Mecha for a year, he had to train if I in the course for Motor Vehicle Mechanical for an additional yer implying thereby that the course of diesel Mechanic is included in the overall course for Motor Mechanic.
7. We find, that however, that the Ld. Counsel for the applicant has produced two Employment Notifications namely, 9/2010 and 1/2008 which are prior to the Employment Notice No. 1!2012/PWD (ER). The other notifications are post notification No. 1/201 2/PWD (ER).
Further, all the Employment Notifications referred to by the Lth Counsel for the applicant are notifications for general recruitment and cannot be categorised as Special Recruitment Drive for Persons with Disabilities.
6 O.A. 131.2013 elation between the recrUitent may not be a one to one corr qualifications as 'aid down in the Employment NotiCe No. 1/2012 which sought to recruit the persons with disabilities through a Special Drive and the general recruitment notifications.
The respondents have not furnished the recruitment rules for the pdst of with respect to Employment Notice No. Diesel Mechanic as it prevailed 1/2012/PWD(ER) before US.
The Ld. Counsel for applicants, however, has furnished in his written notes AssiStat as uitment rules for Diesel AssiStanUEleCt of arguments, the recr authorized by Railway Board letter No. E(MPP)2009'3fl4 dated 26.9.h1: and th% of 13.3.2012 respectively. A note specifying trades for the purpose of filling such posts from Fitters, specifies '•trd ifOrthiS pu5rpose. it is noteworth' that
- /t. ' .
ave\beefl mentioned as two Mechanic (Motor Vehicle) ndMecb pIg th4rchanic (Diesel) is a distinct trades and not
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hicleb \ separate trade as disti:nc-from 5 h"aNithe mattlLr bf recruitment, Courts it is also a settléd *flCiPle'0 .
h should not interfere in 'ayi4db , f• / n quaficati6flQmending '5 ' th of UP, AIR 1956 SC 520 judicial intervention. As hiflNBaflaraSj eld 'v. State' Corpn. Te aherS' R Commissioner, Corpn. OfMadI8S v. Madras and in it is open to the appointing authoritYto lay Mandram, 1997 (2) SLR 468(SC), down requisite qualifications for recruitment to Government service as it pertains to the domain of policy.
Man gej Singh v. Union of India, (1998) 9 This has been reiterated in that SCC 471 and Surinder Singh v. Union of India (2007) 11 SCC 59 qualifications required are to be decided by the State as it is the prerogative and authority of the employer and courts cannot substitute the requirements.
Accordingly, we direct the applicant to submit a comprehflSiVe representation to the competent respondent authority with all documents that he has garnered in his support within a period of 15 days from the date of re4eipt of 7 O.A. 131.2013 a copy of this order and we further direct the competent respondent authority to examine the same in the light of Employment notification issued by other RRs and particularly, in the context of Special Recruitment D.rive for. Personswith Disabilities and Recruitment rules as it prevailed during the issue of CEN N;o. 1/2012, and to decide on the relevancy of trade in the context of the recruitme'nt to Technician Gr. Ill Diesel Mechanic. In case it is decided by the responde1ts that the applicant's certification on Motor Vehicle Mechanic did adhere to he- conditions of relevant trade, then necessary benefits may be accorded to im thereafter. . . .
The entire exercise may be completed within a period of twelve weks from the date of receipt of a copy of this order. .
The O.A. is disposed of wit b.iré'ötipns. There shall be no order
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as to costs
r' .
(Nandita ChatterjeJ (Bidisha Bánerjee)
Administrative MemeP, r;JqdiciaI Member
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