Document Fragment View
Fragment Information
Showing contexts for: ex naval apprentice in O.A. No. 485/2012 vs Union Of India on 10 September, 2012Matching Fragments
HON'BLE Mr. K. GEORGE JOSEPH, ADMINISTRATIVE MEMBER These O.As having common facts and common issues were heard together and are disposed of by this common order.
2. The applicants in these O.As are Ex-Naval Apprentices of designated trades who have passed the relevant trade test conducted by the National Council for Vocational Training. As per the Recruitment Rules, the posts of Tradesman (Skilled) are to be filled 60% by absorption of Ex-Naval Apprentices of designated trades. There are a number of vacancies in various trades under the 2nd respondent which are not being filled up. Aggrieved, the applicants have filed these O.As for a direction to the respondents to consider them for absorption in the cadres of various Tradesman (Skilled) in the available vacancies with effect from the date of occurrence of vacancies with all consequential benefits including arrears of pay and allowances with interest.
5. We have heard Mr. M.R. Hariraj, Mr. T.A. Rajan, Mr. U. Balagangadharan and Mr. P.A Kumaran, learned counsel for the applicants in respective O.As and Mr. Sunil Jacob Jose, learned SCGSC appearing for the respondents and perused the records.
6. This Tribunal has held in a number of cases that age restriction will not apply to the appointment of Ex-Naval Apprentices in the available vacancies. In the instant cases, vacancies exist in different trades under the respondents, but there may not be enough vacancies to accommodate all the applicants. Seniority lists in different trades are available. The applicants cannot be considered for appointment in various trades bypassing their seniors. The applicants do not have an indefeasible right to appointment just because they are Ex-Naval Apprentices who have passed the trade test. There is no merit in the contention of the applicants that they should be absorbed with effect from the date of occurrence of vacancies with all consequential benefits and arrears. In the facts and circumstances of the cases, we are of the considered view that these O.As can be disposed of with a direction to the respondents to consider the applicants for absorption in the available vacancies subject to seniority and their turn in the categories to which they belong within a period of three months from the date of receipt of a copy of this order.