Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR BENCH Original Application No.200/1120/2017 th Jabalpur, this Tuesday, the 9 day of December, 2025 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER Subodh Kumar, S/o Shri Nathu Rajak, Aged about 37 years, T.No. 105/13205, Trade (Welder), S.A., Vehical Factory, Jabalpur (M.P.) 482001.

-Applicant (By Advocate – Balwant Rai)

V e r s u s

1. Union of India Through its Secretary, Department of Defence, Production & Supplies, Ministry of Defence, South Block, New Delhi -

110011.

2. Director General Ordinance Factory, Government of India, Ministry of Defence, Ordinance Factory Board, 10-A Saheed Khudiram Bose Marg, Kolkata – 700001.

3. The General Manager, Vehicle Factory, Jabalpur, Jabalpur (M.P.)

482009 -Respondents (By Advocate – Shri S.P.Singh)

O R D E R By Mallika Arya, Administrative Member-

The facts of the case, in brief, are that the applicant did Ex-Trade Apprenticeship in Welder Trade in the year 2004 from Vehicle Factory, Jabalpur, (Annexure A-3). The Government of India, Ministry of Defence, Ordinance Factory Board, Calcutta vide letter No. 570/A/A (III) dated 15/20 October, 1999 (Annexure-A/5) issued guidelines for the Recruitment of Ex-Trade Apprentices in Ordinance Factories. Para (iii) and (iv) of the guidelines/rules for the recruitment of Apprentices (Annexure A/5) reads as under:-

"The selection process is based on fitness cum seniority. Only trade test will be conducted to ascertain whether the ex-trade apprentice is fit for the job or not. If he is unfit (i.e. he failed in trade test) he is to be excluded. Amongst the candidates who pass the trade test, and are therefore fit, the selection will be done, strictly on seniority. That is why it is very important that the factories accurately batch wise and in the same batch maintain seniority list. The trade test should be same as in a trade test conducted for promotions of industrial employees in OF's. the suitability or otherwise of the candidate is to be determined by the selection board in the test".

iv)"Factories should normally testing the call of ex-trade apprentices for the test one and half times the number of vacancies intended to be filled up. This is to provide necessary cushion to meet the eventuality of some of the candidates so called not turning up for the test or failing in test. Once the number of candidates selected/passed reaches the number required, the test is stopped. This position may be explained to the candidates before starting the test. This is necessary as maintaining waiting list of selected candidates has its problems, leading to litigation later.

2. The applicant belongs to S.C. category and is also physically handicapped. Respondents while filling up the vacancies of apprentices were required to first apply the roster points for reserved vacancies for SC/ST/OBC community as well as Physically Handicapped category. After determining the vacancies available for the reserved categories/physically handicapped, they were required to fill up all the vacancies. Despite the availability of Apprentice of Welder Trade with the Vehicle Factory, Jabalpur Respondent No.3 issued appointments of Apprentice to other trades against the vacancies of Welder Trade in the year 2005 to 2010 thereby prejudicing the claim of the applicant. The applicant submitted a representation dated 31.10.2017 (Annexure A-8) to Respondent No. 3. The representation has not been decided despite the fact that the applicant was declared qualified for promotion to the post of High Skilled-II vide Order No. 249 dated 12.08.2016 (Annexure A/6). He did not get his promotion to High Skilled-II. Applicant was initially appointed to the post of semi- skilled (Welder Trade) vide order dated 03.03.2011 (Annexure-A/7). Applicant beside being Ex-Trade Apprentice in the Welder Trade in the year 2004 was not called for any trade test conducted in the year 2004-2005 along wit