Central Administrative Tribunal - Allahabad
Shamim Khan vs Union Of India on 30 October, 2017
RESERVED
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD
Dated: This the 30th day of October 2017.
HON'BLE DR. MURTAZA ALI, MEMBER - J
HON'BLE MR. GOKUL CHANDRA PATI, MEMBER -A
Original Application No.1028 of 2011
Shamim Khan son of Shri Mohammad Khan, Resident of House
No. 139/1, Chandra Shekhar Azad Nagar, District Jhansi.
.................. Applicant
By Adv: Shri R.N. Joshi/Shri R.K. Shukla
VERSUS
1. Union of India through its General Manager, North
Central Railway, Jhansi.
2. Chief Workshop Manager, North Central Railway, Jhansi.
3. Senior Personal Manager, Workshop North Central
Railway, Jhansi.
................ Respondents
By Adv: Mr. Anil Kumar
ORDER
BY HON'BLE DR. MURTAZA ALI, MEMBER - J Heard Shri R.N. Joshi counsel for the applicant and Shri Anil Kumar counsel for the respondents.
2. The applicant has filed this O.A under Section 19 of the Administrative Tribunals Act, 1985 seeking following reliefs:-
"(i) Pass an order or direction setting aside the order dated 11.6.2010 passed by respondent No.1, i.e. General Manager, North Central Railway, Allahabad (Annexure No.A-1 to the 1st Compilation).Page 2 of 9
(ii) Pass an order or direction directing the respondents to consider the applicant's claim and grant approval for the appointment of applicant as Substitute under the scheme/policy of Railway Board regarding engagement of course completed Act Apprentices in pursuance of Circular dated 21.6.2004 as well as 4.5.2006 within stipulated time.
(iii) Issue any other suitable order or direction which this Hon'ble Tribunal may deem fit and proper under the facts and circumstances of the case.
(iv) Award the costs of the application in favour of applicant".
3. The brief facts of the case are that the applicant has completed his 3 years training course under the Apprenticeship Act from System Technical School, Central Railway, Jhansi. On the direction of Railway Board, a year to year record of Apprentices who had successfully completed the apprentice is to be maintained for giving preference in recruitment to the post of Group 'C' and 'D'. Some trained Apprentices, who had completed their training in different trades, but were not considered for appointment against Group 'C' and 'D' posts, had filed O.A. No.1101 of 1997 and the Tribunal issued the following directions vide order dated 16.4.2002 -
"(a) to maintain a list of trained Apprentices according to their seniority in merit and batch.Page 3 of 9
(b) appointment shall be made strictly in accordance with the seniority and
(c) the appointment against casual/substitute shall be made exclusively through trained Apprentices until the list was exhausted."
4. The Railway Board has also issued a circular on 21.6.2004 for engagement of such candidates on Group 'D' Artisan posts as Substitute, who had completed Act Apprentice training course. Upon coming to know about the said Circular, several persons including applicant submitted their applications to the respondent No.2, which were forwarded to respondent No.1 vide letter dated 27.7.2005. Subsequently, the Railway Board issued another circular dated 4.5.2006 for relaxation of age in the case of appointment of Act Apprentices. The upper age was raised to 38 years plus period of apprenticeship as the one time exemption for all categories of Act Apprentices. 16 course completed Act Apprentices were approved as Substitute Khalasi by the General Manager vide order dated 8/11.9.2006 but the name of applicant was not in the list. The name of applicant was again sent along with 4 fresh applications to the respondent No. 1 vide respondent No.2's letter dated 20.11.2006 but his application could not be put up before the General Manager for his approval till 3.2.2007 and the report was submitted to the General Manager on 5.2.2007. The name of applicant was not found in the eligibility list for appointment Page 4 of 9 as he had become overage on 5.2.2007 whereas he was within age limit of 41 years on the date of submission of his application. The case of applicant was rejected vide order dated 5.7.2007 on the ground that the relaxation in the age limit was to be given only upto 3.2.2007. The applicant had filed an O.A. No. 1244A/2007 challenging the order dated 5.7.2007. The said O.A. was disposed of vide order dated 4.1.2010 directing the respondent No.1 to decide the representation of applicant taking into account the decision rendered in O.A. No. 517 of 2009.
5. It has been submitted that the applicant was similarly situated to the applicant of O.A No. 517 of 2009 and the order dated 8.5.2009 passed by the Tribunal in the said case has already been complied with by the General Manager and Mahendra Kumar Swarnkar has been given appointment as Substitute. It has been submitted that the date of birth of Mahendra Kumar Swarnkar was 7.5.1965 while the date of birth of applicant was 4.2.1968 and both had completed training of Act Apprentice during the year 1986-1989. Thus the applicant had preferred a representation dated 26.11.2009 (Annexure A
19) to the respondent No.1 along with the order dated 8.5.2009 passed in O.A. No. 517 of 2009 and requested that since the applicant was younger to Mahendra Kumar Swarnkar and he had also completed his Act Apprentice training during the year Page 5 of 9 1986-89 with Mahendra Kumar Swarnkar, he may also be given appointment in pursuance of Railway Board Circular dated 4.5.2006. The respondent No.1 has rejected the claim of applicant vide order dated 11.6.2010 (Annexure A-1) mainly on the ground of overage. The said rejection order has been assailed in this O.A.
6. At the outset, the learned counsel for the applicant contends that the case of applicant is squarely covered by the order dated 8.7.2014 passed by C.A.T Allahabad Bench in O.A. NO. 671/2011 - Ravi Bhushan Upadhyaya Vs. Union of India and the learned counsel for the respondents also conceded that the case of applicant of this O.A is squarely covered by the order dated 8.7.2014 passed in O.A No. 671 of 2011 and he has no objection if this O.A is disposed of with similar directions.
7. We have gone through the order dated 8.7.2014 passed by this Tribunal in O.A No. 671 of 2011. In the said case, the applicant Ravi Bhushan Upadhyaya had completed his training under the Apprenticeship Act, 1961 from Systems Technical School, Central Railway Workshop, Jhansi and his date of birth was 27.7.1965. His claim for appointment was also rejected on the ground of overage. Considering the date of birth of applicant is later to Mahendra Kumar Swarnkar (Applicant of O.A. No. 517 of 2009), the Tribunal found that the applicant Ravi Page 6 of 9 Bhushan Upadhyaya eligible for appointment and directed that "subject to suitability on all other prescribed parameters, the applicant be appointed to the said Group 'D' post with effect from the date on which any other applicant, lower in the list dated 8/11.9.2006 to this petitioner was appointed, with all consequential benefits. He shall, however, not be entitled to pay and allowances for the period in which he was not in service. Respondents No. 2 shall ensure compliance of these directions within a period of three months from the date of receipt of a certified copy of this order".
8. The learned counsel for the respondents have conceded that the case of applicant is squarely covered by the order dated 8.7.2014 passed by this Tribunal in O.A. No. 671 of 2011. Accordingly the OA is disposed of in terms of order dated 8.7.2014 passed in O.A. No. 671 of 2011 if it is found by the respondents that the applicant is similarly situated to the applicant of O.A. No. 671 of 2011. There is no order as to costs.
Member (A) Member (J) Manish/- Page 7 of 9 APPENDIX Applicant's Annexures Sl. Particulars Dates Annex. No. 1. Copy of order passed by 11.6.2010 1 General Manager, North Central Railway, Allahabad. 2. Copy of marksheet and 2 certificate belongs to applicant 3. Copy of list completion 25.8.1991 3 issued by Deputy Director of Training and National Apprenticeship 4. Copy of certificate of 4 completion issued by Deputy Director of Training and National Apprenticeship 5. Copy of circulars issued by 3.12.1996 5. G.M. & 16.9.1996 6. Copy of judgment passed in 16.4.2002 6 O.A. No.1101 of 1997. 7. Copy of Circular issued by 21.6.2004 7 G.M. 8. Copy of order issued by 9.7.2004 8 Head Quarter Office. 9. Copy of letter issued by Chief 17.3.2005 9 Workshop Manager, Jhansi. 10. Copy of receiving 27.7.2005 10 11 Copy of letter issued by Chief 2.1.2006 11 Workshop Manager, Jhansi. 12. Copy of circular issued by 4.5.2006 12. Railway Board. 13. Copy of order sent by 8/11.9.2006 13. Divisional Chief Personnel Officer, Head Quarter Allahabad
14. Copy of letter issued by Chief 20.11.2006 14 Workshop Manager, Jhansi.
15. Copy of report and order of 5.2.2007 and 15.
Chief Personnel Officer. 6.2.2007
16. Copy of letter of respondent 23.5.2007 16.
No.2.
17. Copy of letter 5.7.2007 17 Page 8 of 9
18. Copy of order passed in O.A. 8.5.2009 and 18 and No. 517 of 2009 and 31.7.2009 18A.
Apprenticeship certificate of
Mahendra Kumar and
speaking order passed by
G.M, N.C.R., Alld.
19. Copy of representation of 26.11.2009 19
applicant
20. Copy of order passed by this 4.1.2010 20
Tribunal in O.A No. 1244A of
2007.
21. Copy of letter issued by 13.3.2010 21.
respondent No.3 and letter and 8.9.2010
dated 8.9.2010 issued by
Railway Board
22. Copy of letter of Asstt. 15.3.2010 22.
Personnel Officer of Head
Quarter Allahabad
23. Copy of report submitted 30.3.2010 23.
before respondent No.1.
24. Copy of letter of respondent 9.7.2009 and 24 & 25
No.3 together with list of 54 10.3.2010
candidates and approval
order of G.M.
25 Copy of report submitted by 3.5.2010 26
Chief Personnel Officer.
26. Copy of reply to the 14.5.2010 27.
instruction submitted by
O.S./Policy received by the
applicant under R.T.I Act.
27. Copy of reply submitted by 8.9.2010 28
Railway Board under R.T.I
Act.
28. Copy of combined list of Act 18.3.2010 29.
Apprentices of Izzatnagar &
Gorakhpur Division and the
information received for their
appointment.
29. The list of the candidates of 30.
the Kanpur, who have
completed training from the
period 1983 to 2001.
30. Copy of letter sent by Dy. 23.1.2006 31.
Chief Mechanical,
Engineer/Workshop of Head
Quarter, N.C.R Allahabad
31. Copy of appointment order of 22.9.2009 RA-1
M.K. Swarnkar received by
the applicant under R.T.I Act.
32 Copy of FIR. 25.6.2010 RA-2
Page 9 of 9
33. Copy of letter of Senior 18.2.2010 RA-3
Personnel officer
34 Copy of judgment of C.A.T 11.11.1996 SSA-1
P.B. New Delhi. and
12.01.1995
35. Copy of letter along copy of 10.6.2013 & SSA-2
judgment of Hon'ble 18.3.2013
Supreme Court.
36. Copy of letter issued by Chief 23.5.2007 SSA-3
Workshop Manager.
37. Copy of result of Act 07.3.1989 & SSA-4
Apprentice. 24.01.1990
38. Copies of letters 28.08.2006 SSA-5.
11.9.2006
12.09.2006
13.09.2006
&
15.09.2006
Respondents' Annexures.
Sl. Particulars Dates Annex.
No.
1. Copy of Apprentice Act, 1961 CR-1
2. Copy of Rule 159 of I.R.E.M, CR-2
1989 edition
3. Copy of Railway Board letter 26.8.1996 CR-3
4. Copy of Railway Board letter 16.9.1996 CR-4
5. Copy of Railway Board letter. 03.12.1996 CR-5
6. Copy of Railway Board letter 13.7.1999 CR-6
7. Copy of Hon'ble Supreme 03.10.1996 CR -7 Court Judgement.
8. Copy of speaking order 16.6.2010. CR-8 issued by Chief Personnel Officer and its service.
9. Copy of Railway Board letter 19.8.1999 CR-9
10. Copy of Railway Board letter. 24.8.2004 CR-10
11. Copy of order passed by 24.5.2012 SA 1 Delhi High Court.
12. Copy of order passed by 03.06.2002 SA-2 C.A.T, P.B. New Delhi
13. Copy of order passed by 03.06.2002 SA-3 C.A.T, P.B. New Delhi.