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(As per Hon'ble Dr. Lata Baswaraj Patne, Judicial Member) By this Original Application, the applicants are seeking the following relief(s):

"This Hon'ble Tribunal may be pleased to call for the records after examining the same
(a). Declare the action of the Respondents, fixing upper age limit as criteria for being eligible to apply for the post of tradesman (skilled) for the ex-naval apprentices ( ex-apprentices of Dockyards apprentices school of Indian Navy) illegally and arbitrarily as null, void and violative of article 14 and 21 of constitution of India and

2. The brief facts of the case are that the applicants were ex-naval apprentices of Naval Apprentices School, Visakhapatnam of 2009-2016 batch. The applicants are in the panel of seniority list maintained by Naval Apprentice School ever since completion of their training waiting to be absorbed / recruited in to the Tradesman (skilled) post. as and when vacancies arises as per the SRO 150/2000. The SRO 150/200 was amended by SRO 43/2012, due to which 60 % designated posts of Naval Apprentices were opened for candidates holding National Apprentice Certificate (NAC) in relevant trade issued by NCCVT for direct recruitment. Though the applicants were selected in 2012 for the vacancies and subsequent vacancies for direct recruitment, but they were not considered by the respondents as the respondents considered the outsiders without giving preference to Ex-naval apprentices, due to which applicants were left out in spite of their eligibility, which is against the Apprentices Act 1961, as amended in 2014. By wrongly interpreting the OA/147/2022 rules, the respondents did not consider the applicants in the vacancies of Navy but considered outsiders. Since 2012 to till date, for the past 10 years, no notification for absorption/recruitment of ex-naval apprentices has been issued due to which the applicants became overaged. The recruitment rule SRO 43/2013 was further amended in 2017 vide SRO 31/2017, the rule deleted the direct recruitment of the candidates holding NAC certificates, and the 60% designated trade vacancies were meant exclusively for Ex-naval apprentices, however erroneously mentioned the age criteria in column 6 which meant for direct recruitment illegal, arbitrary and violative of the Article 14 of the Constitution. The impugned recruitment notification in Indian Navy was issued exclusively for ex-apprentices of Indian Navy on 18-2-2022, prescribing age limit 18 to 25 years. As per the notification, the applications are to be accepted through Online from 20-2-22 to 20-3-2022. Due to the age criteria fixed by the respondents the applications of the applicants are not being registered online, hence the applicants are before this Hon'ble Tribunal.

(a). Column (4) for "Pay Band-1, Rs.5200-20200 plus Grade Pay Rs.1900/-"
amended as "Level-2 (Rs.19900- 63200) in the pay matrix" post implementation of 7th CPC.


(b).   Column (10)

                For                                      Amended as
Designated Trades:                           Designated Trades:

Sixty percent by direct recruitment          Sixty percent by selection of ex-Naval
through selection of candidates holding      apprentices having age criteria as
National Apprenticeship Certificate in the mentioned relevant trade issued by National Council in column(6) failing which by direct Vocational Training, Other qualification recruitment and forty percent by being equal, preference will be given to promotion failing which by direct ex-apprentices of Dockyard Apprentice recruitment.

Schools of the Indian Navy. Forty percent by promotion failing which by direct recruitment.

Non- Designated Trades: Optional Trade:

Ninety percent by selection of Ex-Naval Ninety percent by selection of ex-Naval Apprentices of Non-Designated Trades Apprentices and ten percent by and ten percent by promotion failing promotion.

which by direct recruitment.

4. Heard both sides and perused the records.

5. By virtue of the interim order, the applicants were allowed to participate in the said selection. In one of the O.A.s, this Tribunal has directed the respondents to produce the result before the court. However, in other O.As this Tribunal has not issued any such order.