Tribunals and CommissionsDivision Bench(2020) 11 CAT CK 0018

Om Prakash & Others vs Union Of India & Others

Central Administrative Tribunal · Decided on 4 November 2020

HON’BLE JUDGES
A.K. Bishnoi, Member (A), R.N. Singh, Member (J)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 3843 Of 2018, Miscellaneous Application No. 1916 Of 2020

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Judgment

23 paragraphs · 426 words

R.N. Singh, Member (J)

M.A. No.1916 of 2020

1.

The present MA has been filed by the applicants praying therein to dispose of the present OA, i.e., OA 3843/2018, in terms of Order/Judgment

dated 17.9.2020 in OA 747/2018 (titled Digvijay Sharma and others vs. Union of India and another) (Annexure M-1).

2.

Learned counsel for the applicants submits that the present OA was filed by the applicants against the action of the respondents by which they

have not accepted their National Apprenticeship Certificate in the trade ‘Foundry Man’ for consideration of their being appointed to the trade of

‘Moulder’

3.

Shri Sharma, learned counsel for the applicants submits that issue raised in the present OA was raised also in OA 747/2018, i.e., Digvijay Sharma

(supra) and the same has been disposed of by a coordinate Bench vide Order/Judgment dated 17.9.2020. Paras 6 and 7 of the Order/Judgment dated

17.9.2020, under reference, read as under:-

“6. Though extensive arguments are advanced by the learned counsel for the applicants to convince us to direct the respondents to treat

the Foundry man trade, as adequate qualification for the post of Moulder, we are not inclined to do so. It needs technical evaluation and

appraisal of the various directions/instructions issued by the concerned Ministry. One 4 OA No. 747/2018 fact which, however, impresses

us is that as against 32 vacancies of Moulder, only 04 are said to have been filled up. The applicants can make representations ventilating

their grievances by enclosing relevant documents, and the respondents can take the same into account and decide the issue. We do not

intend to express any view on the issue.

7.

We, therefore, dispose of the O.A. leaving it open to the applicants to make representations ventilating their grievances to respondent

No.2 and the latter, in turn, shall pass an order within two months thereafter. There shall be no order as to costs.â€​

4.

Issue notice. Shri Rajnish Prasad, learned senior Central Govt. counsel, who appears for the respondents on advance service, accepts notice. Shri

Prasad, learned counsel for the respondents, does not dispute the facts recorded hereinabove. He submits that the present OA can be disposed of in

terms of Order/Judgment dated 17.9.2020 passed in OA 747/2018 in the case of Digvijay Sharma (Supra).

5.

In view of the aforesaid, the present MA is allowed to the extent that the present OA is also disposed of in terms of Order/Judgment dated

17.9.2020 passed in OA 747/2018 in Digvijay Sharma’s case (supra). However, in the facts and circumstances, no order as to cost.