Central Administrative Tribunal - Kolkata
Avijit Nandy vs O F B on 12 November, 2025
1 O.A./350/1464/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
OA/350/1464/2021
Date of Order: 12.11.2025
Coram: Hon'ble Smt. Urmita Datta (Sen), Judicial Member
1. SHRI AVIJIT NANDY, son of Late Jibankrishna Nandy, aged about 35
years, residing at 6, N.K. Chatterjee Lane, P.O. Belghoria, North 24-
Parganas and working as Machinist (S.K.) under General Manager,
Ordnance Factory, Chanda, District-Chandrapur, Maharashtra-442501.
2. SHRI ARINDAM SHEE, son of Shri Amarendra Nath Shee, aged about
38 years, residing at Vidyasagar Park, 10th Lane, Pirpukur Road,
Bansdroni, Kolkata-700070 and working as Machinist under the
General Manager, Ordnance Factory, Chanda, District-Chandrapur,
Maharashtra- 442501.
3. SHRI SOMNATH DAS, son of Late Nripendranath Das, aged about 34
years, residing at Village- Enayet Nagar, P.O. Chak Enayet Nagar, Thana-
Bishnupur, District- South 24-Parganas and working as D.B.W. (S.K.)
under the General Manager, Ordnance Factory, Chanda, District-
Chandrapur, Maharashtra-442501
...Applicants
-Versus-
1. UNION OF INDIA service through the Secretary, Ministry of Defence
(Defence and Production), Government of India, South Block, New
Delhi-110001.
2. DIRECTOR GENERAL OF THE ORDNANCE FACTORIES-CUM-
CHAIRMAN, Ordnance Factory Board, Government of India, Ministry of
Defence, having her office at 10A, Shaheed Khudiram Bose Road,
Calcutta-700001.
3. THE GENERAL MANAGER, Gun & Shell Factory, Cossipore, Khagendra
Chatterjee Road, CIT, Cossipore, Kolkata-700002.
4. THE GENERAL MANAGER, Ordnance Factory, Chanda, District-
Chandrapur, Maharashtra-442501.
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.2.5.4.65=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,
Subhrajit KoleyPostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.11.13 17:46:54+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A./350/1464/2021
5. THE ADDITIONAL GENERAL MANAGER & PIO, Gun & Shell Factory,
Cossipore, Khagendra Chatterjee Road, CIT, Cossipore, Kolkata-700002.
6. THE JOINT GENERAL MANAGER/A, Gun & Shell Factory, Cossipore,
Khagendra Chatterjee Road, CIT, Cossipore, Kolkata- 700002.
......Respondents.
For the Applicant : Mr. P C Das; Counsel
: Ms. T Maity; Counsel
For the Respondents : Mr. R Halder; Counsel
O R D E R (O R A L)
Per: Hon'ble Smt. Urmita Datta (Sen) (J):
1. This matter is taken up by Single Bench for disposal with the consent of both the parties in view of the revised list dated 10.09.2021 issued under Sub-
Section (6) of Section 5 of the Administrative Tribunals Act, 1985, and, since no complicated question of law is involved.
2. Ld Counsel for both the parties are present.
3. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-
"a) Leave may be granted to the applicants to file this application jointly under Rule 4(5)(a) of the Central Administrative Tribunal (Procedure) Rules, 1987 as because all the applicants' grievances are common and they are challenging the same impugned order;
b) To quash and/or set aside the impugned speaking order dated 14.07.2021 issued by the General Manager, Gun & Shell Factory, Cossipore which was communicated to the present applicants vide office letters dated 16.07.2021 and 27.07.2021 whereby and whereunder the claim of the applicants has been rejected by not transferring them from Ordnance Factory, Chanda to Gun & Shell Factory, Cossipore by not considering the similar order passed by this Hon'ble Tribunal dated 13.09.2013 passed by this Hon'ble Tribunal in OA No. 1026 of 2012 and MA No. 182 of 2013 in the case of Banti Banik -vs-Union of India & Ors being Annexure A-9 of this original application which is utter violation of the decision of the larger bench of the Hon'ble Supreme Court in the case of K.C. Sharma (supra) where the Hon'ble Apex Court held that the similarly circumstanced persons cannot be deprived regarding grant of similar relief which exactly not done by the General Manager, Gun & Shell Factory, Cossipore at the time of rejecting their claim the Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.13 17:46:54+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/1464/2021 impugned speaking order dated 14.07.2021 issued by the General Manager, Gun & Shell Factory, Cossipore which was communicated to the present applicants vide office letters dated 16.07.2021 and 27.07.2021;
c) To declare that the applicants are entitled for transfer from Ordnance Factory, Chanda to Gun & Shell Factory, Cossipore as because they have already completed 11 years of service in the said factory and in terms of the vacancies arose in the department i.e. Gun & Shell Factory, they are entitled to join in the said factory for public interest;
d) To declare that the impugned speaking order dated 14.07.2021 issued by the General Manager, Gun & Shell Factory, Cossipore which was communicated to the present applicants vide office letters dated 16.07.2021 and 27.07.2021 by not considering the decision in the case of Banti Banik -vs- Union of India & Ors dated 13.09.2013 passed by this Hon'ble Tribunal in OA No. 1026 of 2012 and MA No. 182 of 2013;"
4. Ld Counsel for the applicants submits that as per the Order dtd. 25.03.2021 passed by this Tribunal in OA/350/568/2015 the General Manager, Indian Ordnance Factory, Kol- 2, had issued a Speaking Order dtd. 14.07.2021 and had rejected the representation of the applicants dtd. 15.04.2021. However, in the meantime, the Indian Ordnance Factory has been decentralized in different units. Therefore, the General Manager no longer remains the competent authority to decide the representation of the applicants.
5. Ld Counsel for the applicants submits that it would suffice the purpose if the applicants be given liberty to make a fresh, comprehensive representation before the present competent authority and the respondents be directed to consider it on receipt of the same, treating this OA as a part of it, within a stipulated period of time.
6. Ld Counsel for the respondents submits that he has no objection to such proposition made by the Ld Counsel for the respondents.
7. Heard.
8. In view of the submission made by the Ld Counsel for the applicants, liberty is granted to the applicants to make a fresh, comprehensive representation Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.13 17:46:54+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/1464/2021 before the present competent authority within 04 weeks from today and on receipt of the same the respondents/ present competent authority is directed to consider it, treating this OA as a part of it, and communicate their decision by way of reasoned, speaking order within 04 months thereafter.
9. It is made clear that I have not gone into the merits of the case. All points are kept open for consideration.
10. Accordingly, the OA is disposed of. No costs.
(Smt. Urmita Datta (Sen)) Member (J) sk Digitally signed by Subhrajit Koley DN: C=IN, O=Personal, T=3539, OID.2.5.4.65= 133591138022710223v284IA59zvRrBc, Phone= ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11, Subhrajit Koley PostalCode=712139, S=West Bengal, SERIALNUMBER= 3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN= Subhrajit Koley Reason: I am the author of this document Location:
Date: 2025.11.13 17:46:54+05'30' Foxit PDF Reader Version: 2024.3.0