Indian Kanoon - Search engine for Indian Law

05 Order of Absorption issued in case of 56 persons, who 17.08.2012 had completed 5 years of service, but those with VIII Annexure-A5 OA Std pass qualification for DR under 2000 Rules, eligible 305/2022 for absorption is not considered at all.

06 Corrigendum issued on notification dated 1.6.2012, 16.11.2012 increasing vacancies of unskilled labourers as 235 Annexure-A6 - OA 07 OA 1179/2012 filed by SNCCEA (employees 19.2.2014 Association), and connected cases, claiming that the Annexure-A7 OA vacancies reflected in the DR notification ought to be 305/2022 filled by absorption and DR can be resorted only if the same fails is dismissed.

4.2 The learned counsel for the applicants have relied on the following judgement of the Hon'ble Apex Court:- Subhash Chander Mittal v. Bhagwant Singh Dhanada and others dated 26.09.1997 {(1998) 9SCC 713}; Vikas Pratap Singh and others v. State of Chhattisgarh and others {(2013) 14 SCC 494} 4.3 Learned counsel for the applicants has claimed that 235 vacancies were pre-existing (Annexure A6) for absorption. Initially 167 vacancies were notified vide notification dated 16.02.2012 (Annexure-A2). As per the existing Rules of 2025.11.26 V R ARUNKUMAR 10:41:49 +05'30' O.A Nos. 180/00305/2022, 3/2024, 72/2024 & 211/2024 year 2000, notification dated 16.02.2012 (Annexure-A2) was issued for selection of candidates for absorption. It is noted that Annexure-A2 does not specify number of vacancies. Thereafter, notification was issued for the purpose of direct recruitment for skilled labourer on 01.06.2012 (even prior to publication of Recruitment Rules 2012 on 09.06.2012) by Ministry of Defence Annexure-A4. Subsequently, vacancies were increased to 235 (167 published earlier and 68 increased vacancies) Annexure-A6 dated 16.11.2012. The argument forwarded by the applicants that these vacancies were available for absorption as per the old Recruitment Rules 2010. As per revised Recruitment Rules of year 2012, mode of entry was limited to only direct recruitment. Therefore, the Naval establishment could have absorbed these applicants on 28.12.2015 against vacancies existing prior to June 2012 Recruitment Rules notification. Therefore, they are entitled to benefit of absorption with effect from 1 st batch of absorbees i.e. with effect from 17.08.2012.

Respondents OM dated 25.09.2023 Annexure-A11 (OA 03/2024) which has been issued with the expected outcome of OA No.305/2022, which is under prosecution.

10.1 Annexure A-2 notification dated 16.02.2012 (OA No.305/2022) does not specify the number of vacancies to be filled up through absorption against which 56 persons (with 5 years experience) were absorbed on 17.08.2012, prior to revision in Recruitment Rules 2012. 167 vacancies were notified for direct recruitment on 09.06.2012 which were increased to 235 vide corrigendum dated 16.11.2012. Both the notifications were stayed by the Hon'ble High Court of Kerala in OP(CAT) No.37/2014. Subsequently, 100 absorption were made on 14.09.2015, who had direct recruit qualifications. Thereafter, from 15-18 th September, 2015, 165 persons were directly recruited. Naval establishment however absorbed 49 persons on 28.12.2015 after this direct recruitment. The respondent have failed to clarify the number of vacancies available for absorption prior to June 2012 notification, in their reply statement or in their pleadings. Since this absorption has been made by Naval establishment after promulgation 2025.11.26 V R ARUNKUMAR 10:41:49 +05'30' O.A Nos. 180/00305/2022, 3/2024, 72/2024 & 211/2024 of revised Recruitment Rules which envisaged entry through direct recruit route only. It may be presumed that these absorptions on 28.12.2015 have been made against vacancies available for absorption prior to June 2012. Considering the above, the date of absorption in respect of 49 absorption made on 28.12.2015 can be ante-dated to 17.08.2012.