Original Application No. 144 of 2009. Case: A. N. Satyan S/o Narayanan Vs 1. Union of India, Represented by Secretary, Government of India, Ministry of Defence, New Delhi, 2. Flag Officer Commanding-in-Chief, Headquarters, Southern Naval Command, Kochi, 3. Chief Staff Officer (P & A), Headquarters, Southern Naval Command, Kochi. Central Administrative Tribunal

Case NumberOriginal Application No. 144 of 2009
CounselT. A. Rajan, Sunil Jacob Jose
JudgesK. Thankappan (Judicial Member) & K. George Joseph (Administrative Member)
IssueService Law
Judgement DateJune 14, 2010
CourtCentral Administrative Tribunal

Judgment:

K. George Joseph (Administrative Member), (Ernakulam Bench)

  1. This O.A. is filed for a direction to the respondents to absorb the applicant in the existing SC vacancy of Pipe Fitter/Plumber in the vacancy earmarked for Ex- Naval Apprentice.

  2. The applicant has ITI certificate in the trade of Plumber. He has undergone apprenticeship training in the designated trade of Plumber in the Apprentice Training School, Naval Ship Repair Yard, Kochi, from 01.09.1988 to 31.08.1990. He has passed the trade test and obtained National Apprentice certificate issued by the National Council for vocational training. The Recruitment Rules stipulate that 60% of the designated posts are to be filled up by absorption of Ex-Naval Apprentices and the remaining 40% by promotion of skilled workers with four years regular Service in the grade, failing which by direct recruitment.

  3. The applicant contends that there is a vacancy caused by the promotion of Shri M.G. Jayan. When Shri M.G. Jayan was appointed on the post of Pipe Fitter, six Ex-Naval Apprentices senior to him in the general category were waiting for absorption to the said post. The applicant, therefore, contends that Shri M.G. Jayan was appointed in the quota reserved for SC candidate in the category of Pipe Fitter/Plumber, The applicant is the seniormost SC candidate, hence he should be absorbed in the existing SC vacancy of Pipe Fitter/Plumber. Non-consideration of the applicant for absorption in the existing SC vacancy of Pipe Fitter/Plumber is arbitrary and illegal.

  4. The respondents in their reply submitted that Shri M.G. Jayan although belongs to SC category, was appointed against general vacancy and, therefore, the vacancy due to his promotion cannot be filled in by the applicant in the reserved quota for SC.

  5. In the rejoinder, the applicant contested the claim of the respondents that Shri Jayan was appointed against general vacancy.

  6. In the reply affidavit, the respondents admitted that at the time when Shri Jayan was absorbed vacancy based roster was maintained for absorption of ex- apprentices. As per the said roster, the vacancy that arose in 1995 was at SC point and Shri M.G. Jayan was appointed against the said SC vacancy. However, consequent upon the Apex Court judgements in the case of R.K. Sabharwal vs. State of Punjab (1995) 2 SCC 745 as well as J.C. Mallik vs. Ministry of Railway, the Government of India issued instructions vide DOP & T O.M. No. 36012/2/96-Estt(Res) dated...

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