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2023 Supreme(Online)(KER) 12777
HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
MUKESH, – Appellant
Versus
UNION OF INDIA, – Respondent
OP (CAT) 5 2023
VIDYA SAGAR, SRI.MANU S., SRI.K.S.RENJITH KUMAR
Apprenticeship is considered valid experience for employment under the Central Government, aligning with existing guidelines.
Headnote:
Experience - Draughtsman Recruitment - Apprentices Act - Section on Experience Recognition List - The court recognized apprenticeship as valid experience for employment under the Central Government, overruling previous Tribunal decisions that excluded it. The court emphasized adherence to government guidelines regarding experience reckoning.
Fact of the Case:
The petitioner, a Draughtsman Grade-III, sought selection for Draughtsman Grade-II, claiming his apprenticeship as experience. The Central Administrative Tribunal dismissed his claim citing insufficient experience; the petitioner contested this ruling.
Issues: Whether the petitioner’s apprenticeship experience should be recognized in the eligibility criteria for Draughtsman Grade-II recruitment.
Ratio Decidendi: The apprenticeship experience is valid under government rules and must be recognized unless contrary methods are adopted, which was not evident.
Final Decision: The petition is allowed, and the Tribunal's order is set aside.
J U D G M E N T
A.Muhamed Mustaque, J.
This original petition is at the instance of the applicant before the Central Administrative Tribunal, Ernakulam Bench. The petitioner/applicant is working as a Draughtsman Grade-III in the Naval Department. He joined the Indian Navy on 20.11.2013. He applied for the post of Draughtsman Grade-II (Senior Draughtsman) pursuant to the notification issued on 05.08.2016. The qualification prescribed and the petitioner's qualification as referred in the application are reproduced herewith for convenience:
| Sl.No. Qualification prescribed in advertisement | Qualification possessed by the petitioner on 30 July 2016 | |
| (a) | Matriculation | 10th & 12 Passed |
| (b) | Two years Diploma or Certificate in Draughtsman from an ITI | Two years Certificate in Draughtsmanship in Mechanical (National Council for Vocational Training) from Government ITI, Faridabad, Haryana. |
| (d) | Three years experience in Drawing Design in relevant field | Three years Nine Months experience (including Two Years Nine Months Service rendered in (Mechanical) One year from M/s.Escorts Ltd. Faridabad as Draughtsman Mechanical (Designing) |
2. The issue before the Tribunal was in regard to reckoning the petitioner's experience. According to the petitioner, his apprenticeship of one year in M/s.Escorts Limited, Faridabad, as Draughtsman (Mechanical) has to be reckoned. If this is reckoned, no doubt, he is fully qualified. The results were published in the year 2021 vide Annexure-A7 produced before the Tribunal. The petitioner was not included in the select list for the reason that he does not have the requisite experience. 3. The reason for the non-inclusion of the petitioner was on two grounds. Firstly, the petitioner has no requisite experience and secondly, the petitioner has not produced experience certificate in the Department. Regarding the second ground, according to the petitioner, the application itself was submitted through the Department and the Department has certified the same. In the application itself, he has mentioned his experience in the Department and therefore, no further certificate is required to prove that he has worked with the Department. Admittedly, he worked in the Naval Department for two years and 9 months and the Department itself has forwarded that application. In that sense, no further proof may be required from the Department that he has experience in the Department. This objection, therefore, is overrulled. The next question is in regard to the experience he had with M/s.Escorts Limited, Faridabad. It is to be noted that no method of reckoning experience has been stipulated. On the other hand, as seen from Annexure-A3, the petitioner was given a National Apprenticeship Certificate by the Ministry of Labour, Central Government acknowledging his apprenticeship as a Draughtsman (Mechanical) with M/s.Escorts Limited, Faridabad. That means the Government of India itself has recognized his apprenticeship with M/s.Escorts Limited, Faridabad. The Government of India through the Ministry of Human Resources as early as on 06.05.1997 issued the following communication to all employing Ministries and Departments is:
“Sir, I am directed to refer on the subject mentioned above and to say that Central Apprenticeship Council(CAC) in its 27th Meeting held on 18.12.1996 at New Delhi discussed regarding consideration of one year training of Graduate Engineers, Technicians and 10+2 Voc Apprentices as experience. This matter was considered under Agenda Item No.17 TO CONSIDER RECOGNITION OF ONE YEAR APPRENTICESHIP TRAINING OF GRADUATE TECHNICIAN AND TECHNICIAN (VOCATIONAL) APPRENTICES AS EXPERIENCE FOR EMPLOYMENT UNDER CENTRAL/STATE ESTABLISHMENTS. After discussion at length the Council decided to resolve that one year Apprenticeship Training of Graduate Technician and Technician Voc Apprentices as experience for employment under Central/State establishments.
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