CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH O.A. No.310/00533 of 2023 &

M.A. No.310/01081 of 2024 in O.A. No.310/00533 of 2023 DATED FRIDAY, THE 20^th DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR CORAM :

HON'BLE MS. VEENA KOTHAVALE, MEMBER (J)

HON'BLE MR. SISIR KUMAR RATHO, MEMBER(A)

Madhu. K. L, aged 53, S/o P.E. Lekshmana Perumal, Chief Instructor (Seamanship & Navigation), Central Institute of Fisheries, Nautical and Engineering Training, No 59, S.N. Chetty Street, Royapuram, Chennai-600 013. ..........Applicant (Advocate: M/s. PVS Giridhar Associates)

Vs.

1. Union of India, Rep. by The Secretary to the Government of India, Ministry of Fisheries, Animal Husbandry and Dairying, Department of Fisheries, 1^st Floor, Chandralok Building, 39, Janpath, New Delhi 110 001;

2. Under Secretary to the Government of India, Ministry of Fisheries, Animal Husbandry and Dairying, Department of Fisheries, 1st Floor, Chandralok Building, 39, Janpath, New Delhi-110 001;

3. The Director, Central Institute of Fisheries Nautical and Engineering Training, Fine Arts Avenue, Kochi-682 016;

4. Director General, Fishery Survey of India, 2^nd Floor, Plot No, 2A, Unit No. 12, New Fishing Harbour, Sassoon Dock, Colaba, Mumbai 400 005;

5. The Zonal Director, Fishery Survey of India, P.B. No. 853, Kochangadi, Cochin-682 005;

6. The Deputy Director, Central Institute of Fisheries, Nautical and Engineering Training, 59, S.N. Chetty Street, Royapuram, Chennai-600 013;

7. The Zonal Director, Fishery Survey of India, Chennai Base of FSI, Fishing Harbour Complex, Royapuram, Chennai - 600 013.

…...Respondents (Advocate: Mr. K. Rajendran, Sr. CGSC)

O R A L O R D E R (Hon'ble Ms. Veena Kothavale, Member(J)

The applicant has filed this Original Application praying for the fillowing relief:-

"i) To call for the records relating to a) Order No. : F.No.3-38/2018-Admn.V, Order dated : 30.03.2022, passed by the

2nd Respondent;

b) Order No. : PF.No. 860/Adm/1279, order dated :17.05.2022 passed by the

3rd Respondent and c) Order No. : PF No 860/Adm/987, order dated : 19.05.2023, passed by the

1st Respondent and quash the same;

ii) To direct the Respondents to absorb the Petitioner as Chief Instructor (Seamanship and Navigation) by relaxing the recruitment rules with all consequential benefits;

iii) To pass such further or other orders as may be deemed fit and thus render justice."

2. The case of the applicant is that he joined service in the Fishery Survey of India in the office of the 4^th Respondent on 06.08.2022 as Bosun Certified. The Applicant was promoted as Mate Grade 1 on adhoc basis on 03.03.2008 and on regular basis w.e.f

02.01.2009 and was further promoted as Skipper on 02.11.2010. The Applicant participated in the interview conducted by UPSC and having been selected he was issued with Office Memorandum bearing F.No. 3- 38/2018-Admn-V dated 23.12.2020. He was issued with Office Order bearing F.No. GF. 97/Adm-Vol-VI dated 06.01.2021 (Annexure A) assigning him various duties by the 5^th Respondent the Deputy Director, CIFNET, Chennai Unit. As per Note 3 in Column 12 of the Recruitment Rules, the appointment on absorption basis is permissible. The Applicant who is duly eligible-and who has the requisite qualification submitted representation to the 1^st Respondent dated 15.03.2022 seeking for absorption against the post of Chief Instructor (Seamanship and Navigation) in CIFNET. But by order dated 30.03.2022 of the 2^nd Respondent, it has been communicated that the request of the applicant cannot be considered since there is no provision for absorption in the recruitment rules. Hence, he filed the instant OA seeking the aforesaid relief.

3. After notice, the respondents have entered appearance through their counsel and filed reply statement stating that the applicants appointment to the post of Chief Instructor (Seamanship & Navigation) is purely on deputation basis and under deputation an officer is appointed for a limited period and once the tenure of appointment is over he will have to rev