The High Court dismissed a challenge to a Central Administrative Tribunal order granting an ITI certificate holder compassionate appointment as a Skilled Artisan Grade III with six months training, holding that the three-year training rule applied only to matriculates without ITI certificates.
The writ petition was dismissed; no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 20TH DAY OF MARCH 2013/29TH PHALGUNA 1934
OP (CAT).No. 986 of 2011 (Z)
----------------------------AGAINST THE ORDER IN OA.329/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER(S):RESPONDENTS IN THE O.A.
1. UNION OF INDIA, REPRESENTED BY THE
2. SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION
BY ADV. SRI.TOJAN J.VATHIKULAM,SC,RAILWAYS
RESPONDENT(S):APPLICANT IN THE O.A.
A. BIJU KUMAR, AGED 30 YEARS, S/O.C. APPUKUTTAN, TECHNICIAN (MECHANIC GRADE-II) CARRIAGE AND WAGON OFFICE, SOUTHERN RAILWAY TRIVANDRUM, RAILWAY STATION, TRIVANDRUM(RESIDING AT SREE VISAKHAM, KALLUPALAM, EDAIKODE POST KANYAKUMARI DISTRICT.
R1 BY ADV. SRI.T.C.GOVINDA SWAMY R1 BY ADV. SRI.G.SHYAM RAJ
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 20-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(CAT) 986 OF 2011
APPENDIX
EXT.P1TRUE COPY OF THE OA.329/10 ON THE FILES OF THE CENTRAL ADMINISRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXT.P2TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONERS HEREIN IN O.A.329/10.
EXT.P3TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENT HEREIN IN O.A. 329/10.
EXT.P4TRUE COPY OF THE ORDER DATED 4TH NOVEMBER, 2010 IN O.A.329/10 OF THE CENTRAL ADMINISRATIVE TRIBUNAL, ERNAKULAM BENCH.
THOTTATHIL B. RADHAKRISHNAN &
B. KEMAL PASHA, JJ.
-----------------------------------------------
O.P(C.A.T.) No.986 of 2011
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Dated this the 20th day of March, 2013
J U D G M E N T
THOTTATHIL B. RADHAKRISHNAN, J.
Respondent was appointed as a Skilled Artisan Grade III on compassionate grounds. He was, admittedly, the holder of an ITI trade certificate. Later, issues arose as to whether he should be treated as a person who has to be tied down to a term of his appointment on compassionate ground, to wit, that he should undergo training for three years, or whether it would suffice that he undergoes training for six months. The Tribunal held in his favour. The establishment is before us.
O.P(C.A.T.)986/11
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Artisan Grade III(Technician). We have examined the relevant provisions of the Manual relied on by both sides. Matriculates could have also become Skilled Artisans Grade III, until they were taken out from the zone of choice by an amendment of 2000. But, one thing we find is that though the 2000 amendment says about ITI pass candidates in relevant trades from open market which is a modification to the amendment that stood until then, there is no clear expression in the Manual as to which trade is relevant for a particular post. Therefore, it is well within the decision making process of the selecting and appointing authority to consider as to whether a person who is being appointed is an ITI trade certificate holder in the relevant trade. The fact of the matter remains that the employee before us who had an ITI certificate in A/c (Refrigeration) is stated to have been appointed as a Skilled Artisan Grade III (C & W). We would prefer to go by treating that the appointing authority had duly applied its mind and had made the appointment at the relevant point of time. The
O.P(C.A.T.)986/11
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question is whether such an appointee could have been further saddled with the liability to undergo training for three years. The argument of the establishment is that as per Annexure A2 placed before the Tribunal along with the reply statement of the establishment; in cases of compassionate appointments, the period of training will be three years and not six months. We have seen the decision of the Railway Board issued as per R.B.E. No. 113 of 2000. It noted the earlier decision contained in R.B.E. No.17 of 2000 laying down the minimum educational qualification for direct recruitment to the post of Skilled Artisan Grade III as “Course Completed Act Apprentice, ITI holder in relevant trade”. Thereafter, the Railway Board was essentially accepting the request on behalf of the employees. Therefore, the Railway Board ordered that the requirement qualification for open market recruitment still continues to be as laid down in R.B.E. No. 17 of 2000; and the minimum qualification for appointment on compassionate ground as Skilled Artisan Grade III, should be prescribed as 10th pass, however that, the
O.P(C.A.T.)986/11
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training period for “such compassionate appointments” will be three years as against the training period of six months for open market recruitment.
O.P(C.A.T.)986/11
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on a compassionate ground, he should be compelled to undergo training for three years. It is settled law that what is being given as compassionate appointment is to the most needy. When the appointing authority has appointed an ITI certificate holder, it was not becoming of that authority to make further prescription that such a recruit should undergo training for three years.
O.P(C.A.T.)986/11
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In the result, this writ petition is dismissed. No costs.
SD/- THOTTATHIL B. RADHAKRISHNAN, JUDGE
SD/- B. KEMAL PASHA, JUDGE
ul/-
[True copy]
P.S. to Judge.
2 issues framed by the court
Whether an ITI certificate holder appointed on compassionate grounds is liable to undergo three years of training instead of six months.
Whether the Railway Board's circular prescribing three years of training applies to compassionate appointees with ITI certificates.
1 provisions across 1 enactments
Union of India
Biju Kumar
Thottathil B. Radhakrishnan
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
