Central Administrative Tribunal - Mumbai
Ravi Kumar Das vs Defence on 12 February, 2026
1 OA No. 254/2023
Central Administrative Tribunal
Mumbai Bench: Mumbai
OA No.254/2023
Date of decision: 12th February, 2026
Hon'ble Mr. Justice M.G. Sewlikar, Member (J)
Hon'ble Mr. Sangam Narain Srivastava, Member (A)
1. Shri. Ravi Kumar Das
Son of Joginder Das,
Age 37 Years,
Working as Peon, in the Office of the
Admiral Superintendent, Sr Personnel
Manager, Naval Dockyard, Liongate,
Mumbai-400 023
Residing at CGH Colony, Block No.
09, Room No. 71, Third Floor, Kane
Nagar, Antop Hill, Mumbai-400 037
Email Id - [email protected]
2. Shri. Dinesh G. Jalgaonkar
Son of Ganesh B. Jalgaonkar,
Age 38 Years,
Working as MTS (Ministerial),
Naval Armament Inspectorate,
Naval Station Karanja,
Uran, Raigad-400 704,
Residing at Ghansankul Society,
C-Wing, 201, Nagaon, Uran,
Raigad -400 704
Email id. [email protected]
3. Shri. Pradeep Kumar Bharadwaj
Son of Late Badri Prasad Bharadwaj
Age 46 Years,
Working as Peon, C.N. 95, P. M.
Office, Naval Dockyard, Lion Gate,
Mumbai 400 023
Nicky
Digitally signed by Nicky Kumari
DN: C=IN, O=Personal, OID.2.5.4.65=
5701472963214eacaf7214eb1c705990, Phone=
319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23
829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER=
78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd
Residing at N.C.H. Colony 198/04,
L.B.S. Road, Kanjurmarg (W),
397444faa, CN=Nicky Kumari
Kumari Reason: I am the author of this document
Location:
Date: 2026.02.25 15:15:31+05'30'
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2 OA No. 254/2023
Mumbai 400 078
Email id. [email protected].
4. Shri. Sandeep Bapu More
Son of Bapu More,
Age 45 Years,
Working as MTS (Ministrial),
Naval Dockyard, C No. 92, Lion Gate,
Mumbai-400 023
Residing at 20/195, Type II Ekta Vihar,
C.B.D. Belapur, Navi Mumbai-400 614
Email id. [email protected]
-Applicants
(By Advocate Mr. Vishal Shirke)
Versus
1. Union of India,
Through the Secretary,
Ministry of Defence
South Block,
New Delhi 110 001
2. The Chief of Naval Staff,
Integrated Headquarters,
Ministry of Defence,
Directorate of Civilian Personnel Services,
Room No. 101, talkatora Stadium,
Annexe Building
New Delhi-110 001
3. Flag Officer Commanding-in-Chief,
For Command Civilian Personnel Officer,
Western Naval Command,
Ballard Estate, Near Tiger Gate,
Naval Dockyard, Mumbai - 400 001
4. Administrative Officer-I
Staff Officer (Civilian Personnel)
For Flag Officer Commanding-in-Chief,
Nicky
Digitally signed by Nicky Kumari
DN: C=IN, O=Personal, OID.2.5.4.65=
5701472963214eacaf7214eb1c705990, Phone=
319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23
829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER=
78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd
Headquarter, Western Naval Command,
Ballard Estate, Naval Dockyard,
397444faa, CN=Nicky Kumari
Kumari Reason: I am the author of this document
Location:
Date: 2026.02.25 15:15:31+05'30'
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3 OA No. 254/2023
Mumbai-400 001.
5. Shri. R. G. More,
Working as Lower Division Clerk,
Material Organisation,
LBS Marg Ghatkopar,
Mumbai-400 086
6. Shri. Sunil Kumar,
Working as Lower Division Clerk,
Integrated Headquarters,
Ministry of Defence (Navy),
New Delhi-110 001
7. Shri. R. R. Paswan,
Working as Lower Division Clerk,
Flag Officer Commanding,
Headquarters Karnataka Naval Area,
Naval Ship Repair Yard,
Naval Base, Post Box 12,
Karwar-581 308
8. Shri. S. B. Pandagale,
Working as Lower Division Clerk,
Centre 35, Lion Gate
Naval Dockyard, Mumbai-400 023
- Respondents
(By Advocate Ms. J.K. Rehel)
ORAL ORDER
Per: Justice M.G. Sewlikar, Member (J)
This is an application under Section 19 of the Administrative Tribunals Act, seeking relief of quashing the order dated 13th September, 2021 so far as it concerns the Nicky Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23 829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd 397444faa, CN=Nicky Kumari applicants and quashing of the letters dated 18th April, Kumari Reason: I am the author of this document Location:
Date: 2026.02.25 15:15:31+05'30' Foxit PDF Reader Version: 2024.3.0 4 OA No. 254/2023 2022, 22nd September, 2022 and grant of relaxation in qualifying marks.
2. Facts in brief are that the applicants, four in number were appointed as Peons and Safaiwalla in the years 2007 and 2008 which was subsequently redesignated as Multi- Tasking Staff (MTS).
3. It is further contended that respondents published notification dated 15th September, 2014 for promotion to the post of LDC from Group C employees in the Grade Pay of Rs. 1800 and who possess inter alia 12th Class pass and have rendered 3 years of regular service in the grade from 10% departmental quota. The respondents conducted examination for the said selection on 13th October, 2016 and on 06th June, 2017, the respondents published a list of candidates who were declared to be qualified in 10% departmental competitive examination for promotion to the post of LDC. The names of the applicants did not figure in this list. Some candidates were shown to have been qualified with grace marks, despite belonging to unreserved Nicky Digitally signed by Nicky Kumari DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23 829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd 397444faa, CN=Nicky Kumari category. The Ministry of Defence had issued instructions Kumari Reason: I am the author of this document Location:
Date: 2026.02.25 15:15:31+05'30' Foxit PDF Reader Version: 2024.3.0 5 OA No. 254/2023 dated 16th December, 2003 providing modalities for relaxation for qualifying marks in favour of SC / ST candidates in the departmental qualifying examination. Additional incentive of 5% was admissible to the SC/ST candidates if they fall short of qualifying marks in only one such subject.
4. It is further alleged that after a hiatus of four years, respondents declared panel for promotion. The said panel included the names of those candidates belonging to unreserved category. In November, 2021, applicants filed RTI application seeking attested copies of their answer sheet in order to enable them to know as to how many marks were awarded to them. The applicants realized that they were not granted 5% grace marks each. They, therefore, made representations on 27th January, 2022, 31st January, 2022, 21st January, 2022 and 08th February, 2022, respectively. On 18th April, 2022, the respondents answered the representations to the effect that incentive was granted to those candidates who have scored more marks between 40% and 50% and not to the candidates Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23 829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd who have scored below 40% marks. The applicants 397444faa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2026.02.25 15:15:31+05'30' Foxit PDF Reader Version: 2024.3.0 6 OA No. 254/2023 approached the Senior Staff Officer (Education) on 25th May, 2022 regarding their grievance. The Senior Staff Officer (Education) took up the matter with the office of Command Civilian Personnel Officer (CCPO) who gave the reply that grant of additional 5% incentive to SC/ST candidates is applicable to exams which consists of multiple question papers and that the present exam was conducted by a single question paper consisting of 100 marks and therefore, no additional incentives were granted to any of the SC/ST candidates. The Orders 18th April, 2022, 25th May, 2022 and 22nd September, 2022 are under challenge.
5. Respondents filed their reply contending that the question of grace marks does not arise because the applicants have scored below 40% marks and the grace marks are available only when the question paper consists of multiple papers. This examination consisted of only one paper.
6. Applicant has not filed any rejoinder. Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23 829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd 397444faa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2026.02.25 15:15:31+05'30' Foxit PDF Reader Version: 2024.3.0 7 OA No. 254/2023
7. We have heard learned counsel for the applicant and learned counsel for the respondents.
8. Learned counsel for the applicant submits that the applicants belong to SC/ST candidates and they are entitled to 5% grace marks. Rules do not say that candidates who have scored marks between 40% and 50% are only entitled to grace marks.
9. Learned counsel for the respondents submits that the applicants are not entitled to any such relaxation as in terms of the circular dated 16th December, 2003 (Annexure-A-9), the candidate in order to get incentive of 5%, should at least score a minimum 40% in each subject and achieving an overall aggregate of 50%.
10. Learned counsel for the applicant invited our attention to the Rules named and styled as the Integrated Headquarters, Ministry of Defence (Navy) Group 'C' (Ministerial Staff) Posts Recruitment Rules, 2011. For Lower Division Clerk (LDC), eligibility is as under:-
"1. 12th class or equivalent qualification from a recognized Board or University.Digitally signed by Nicky Kumari
Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23 829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd 397444faa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2026.02.25 15:15:31+05'30' Foxit PDF Reader Version: 2024.3.0 8 OA No. 254/2023
2. Typing speed of 35 w.p.m. in English or 30 w.p.m. in Hindi, time allowed ten minutes, only on computers (35 wpm and 30 wpm correspond to 10500 KDPH/9000 KDPH on an average of 5 key depressions for each word) provided:-
(i) That a person not processing the said qualification of typewriting may be appointed subject to the condition that he will not be eligible for drawing increments in the pay scale of the grade till he acquires the requisite speed.
(ii) That a physically handicapped person who is otherwise qualified to hold a clerical post but does not possess the said qualification in typewriting may be appointed subject to the condition that a Civil Surgeon or equivalent certifies that the said handicapped person is not in a fit condition to be also to type."
11. From this position of the rules, it is clear that the eligibility criteria is 12th class or equivalent qualification from a recognized Board or University and typing speed of 35 w.p.m. in English or 30 w.p.m. in Hindi. A proviso added to this rule to the effect that a person not possessing the said qualification of typewriting may be appointed subject to the condition that he will not be eligible for drawing increments in the pay scale of the grade till he acquires the requisite speed. From this rule position, it is clear that the eligibility criteria is 12th class or equivalent qualification from a recognized Board or University and typing speed of 35 w.p.m. in English or 30 w.p.m. in Hindi. Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23 829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd 397444faa, CN=Nicky Kumari Kumari Reason: I am the author of this document Rules do not provide that written examination is to be Location:
Date: 2026.02.25 15:15:31+05'30' Foxit PDF Reader Version: 2024.3.0 9 OA No. 254/2023 conducted. When there is no provision of written examination to be conducted, the question of granting 5% additional incentive in written examination does not arise. The applicants have appeared for the typing test but they failed.
12. In this rule position, the respondents can consider them to be appointed as LDC, if they are otherwise, eligible for the said post. If they are appointed, they will not be entitled to any increment till they acquire the requisite speed in typing test and in that case, they will be entitled to promotion from the date their juniors have been promoted.
13. This exercise shall be done within a period of eight weeks from the date of receipt of a certified copy of this order. In this view of the matter, OA stands disposed of with these directions. No costs.
14. Pending MAs, if any, stand disposed of.
(Sangam Narain Srivastava) (Justice M.G.Sewlikar) Member (A) Member (J) Digitally signed by Nicky Kumari Nicky DN: C=IN, O=Personal, OID.2.5.4.65= 5701472963214eacaf7214eb1c705990, Phone= 319c15ca9eb1feefdf068e6ccd39ee2956895f6f91a3b405297e23 829af5a475, PostalCode=823002, S=Bihar, SERIALNUMBER= 78a0e5fc01b6b3d12eabec40e7f8c4bf366c1f4f6f5bd93fc66bbdd 'nk' 397444faa, CN=Nicky Kumari Kumari Reason: I am the author of this document Location:
Date: 2026.02.25 15:15:31+05'30' Foxit PDF Reader Version: 2024.3.0