Central Administrative Tribunal - Kolkata
Rajesh Rajak vs M/O Defence on 3 November, 2025
1 O.A./350/0911/2021 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A./350/0911/2021 Date of Hearing:- 22/09/2025.
Date of Order:- 03/11/2025.
Coram: Hon'ble Mrs. Urmita Datta (Sen), Judicial Member.
Hon'ble Mr. Anindo Majumdar, Administrative Member.
Sri Rajesh Rajak, S/o of Sri Babulal Rajak, residing at Surbazar, Doctor para, P.O- Ichapur Nawabgunj, Dist- North 24 Parganas, West Bengal- 743144.
...........Applicant
-Versus-
1. The Union of India, through the Secretary, Ministry of Defence, Department of Defence Production, Nirman Bhawan, New Delhi- 1100011.
2. The Commissioner, National Commission for Scheduled Castes, Vth Floor, Loknayak Bhawan, Khan Market, New Delhi- 110003.
3. The Commissioner, National Commission for Scheduled Castes, Mayukh Bhawan, Ground Floor, Salt Lake City, Kolkata- 700091.
4. Director General of Ordnance, Directorate of Ordnances (Co-ordination and Services).
5. General Manager, Rifle Factory, Ishapore, Audit of Advanced Weapons and Equipment India Ltd, Govt. of India Enterprise, Ministry of Defence.
6. General Manager, Metal & Steel Factory, a Unit of Yantra India Ltd, a Govt of India enterprise, Ministry of Defence.
(b) The CMD, Advanced Weapon & Equipment Private Limited Ordance Factory, Kanpur, Kalpi Road, Kanpur, Uttar Pradesh, Pin- 208009.
..........Respondents For the applicant(s) : Ms. M. Saha (Counsel). For the respondent(s) : Ms. E. Banerjee (Counsel). Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 2 O.A./350/0911/2021 O R D E R. Per: Mr. Anindo Majumdar, Administrative Member.
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act 1985, praying for the following relief(s):-
"(i) Grant of merger benefit with retrospective effect from 01.01.2006.
(ii) Proper pay Fixation in the pay scale of Rs. 72,000/- in place of Rs. 70,000/-.
(iii) Give arrears of merger benefit w.e.f, 01.01.2006 and financial upgradation under 2nd MACP w.e.f 31.01.2018.
(iv) To quash and set aside the order and commination of the Respondent no. 3 dated 12.03.2021.
(v) Payment of all arrears with retrospective effect.
(vi) Any other relief or reliefs which the petitioner is entitled to".
2. The applicant had joined the post of Chargeman, Grade-II as a direct recruit on 02/03/1998 in the Rifle factory, Ishapore under the then Ordnance Factory Board, Kolkata (now Directorate General of Ordnance), Ministry of Defence, Government of India. The applicant is aggrieved since he is drawing lower pay than that of some other officers with whom he had been directly recruited. The applicant has claimed that he had submitted several representations including his last representation addressed to the General Manager, Metal and Steel factory dated 26/08/2020 seeking redressal of grievance. Since his grievance has not been resolved, he has filed the instant Original Application before this Tribunal seeking the relief(s) mentioned in the above paragraph.
3. We have heard the Learned Counsel and have considered the material on record.
Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 3 O.A./350/0911/2021
4. At hearing, the submissions made by the Learned Counsel for the applicant are summarised below:-
4.1 The applicant was appointed to the post of Chargeman (CM) Grade-
II on 02/03/1998. He was promoted to the post of CM Grade-I on 03/08/2003. He was further promoted to the post of Assistant Foreman on 30/01/2008.
4.2 The other Officers who were directly recruited along with the applicant as CM-II were promoted to the post of CM-I on 07/01/2008. The post of CM, Grade-II and CM Grade-I were merged consequent upon the implementation of the recommendations of the 6th Central Pay Commission (CPC) and the promotion of these officers as CM-I was ignored as per the extant guidelines and they were granted the 1 st financial upgradation with the MACP scheme on 01/09/2008. 4.3 Consequent upon the implementation of the recommendations of the 6th CPC, the promotion of the applicant to the post of CM-I ought to have been likewise ignored and his promotion to the post of Assistant Foreman (subsequently renamed as Junior Works manager) ought to have been taken into account as the only promotion granted to him since his appointment in the year 1998. He ought to have been granted the benefit of merger as well as the 1st financial upgradation under the MACP scheme, as was granted to the Other Officers (S/Shri Raj Ranjeet, Paul, Kalyan Sarkar, Sudipta Nandi, and Bibhas Sarkar) who were directly recruited along with him to the post of CM -II.
4.4 The applicant was granted one promotion and the second financial upgradation under the MACP scheme on 31/01/2018. Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A./350/0911/2021 4.5 Due to the grant of first financial upgradation under the MACP scheme to the other officers who were recruited along with him as CM-II, they are now drawing higher pay than him.
4.6 The applicant had submitted representations dated 26/08/2016, 08/03/2017 and 06/12/2019 to the Competent Authority wherein he had mentioned that his juniors were drawing higher pay than him and had requested for correction of the anomaly. He made a further representation dated 26/08/2020 addressed to the General Manager, Rifle factory, Ishapore. Further, since he belongs to the Schedule Caste community, he had preferred a representation to the National Commission for Scheduled Castes which was referred back to the Rifle factory, Ishapore for consideration. However, the General Manager, Rifle Factory had rejected his representation on 21/03/2017 and his grievance has not been resolved.
4.7 The applicant was granted the 2nd financial upgradation under the MACP scheme w.e.f, 31/01/2018, in the pay band of Rs. 64,100/-whereas he ought to have been granted the same in the pay band of Rs.66,000/-. 4.8 As a result of the anamoly in his pay fixation, the applicant is suffering financial loss to the tune of Rs. 2,000/- every month. 4.9 The applicant has been discriminated against vis-a-vis juniors and this is a violation of the Articles 14 and 16 of the Constitution of India.
5. At hearing, the submissions made by the Learned Counsel for the respondents are summarised below:-
5.1 The applicant was directly recruited to the post of CM-II on 02/03/1998 along with the other officers. He was promoted to the post Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A./350/0911/2021 of CM-I on 30/08/2003 and was thereafter promoted to the post of Assistant Foreman on 31/01/2008.
5.2 Consequent upon the implementation of the recommendations of the 6th CPC, the post of CM-II and CM-I were merged in the grade pay Rs.
4,200/- and the post of Assistant Foreman was merged with the post of Junior Works Manager in grade pay Rs. 4,600/-. 5.3 In terms of the extant guidelines, the promotion of the applicant from the post of CM-II to CM-I was ignored and only his promotion from the post of CM-I to Assistant Foreman (Junior Works Manager) was taken into consideration for purpose of granting 2nd financial upgradation under the MACP scheme to him. The applicant was not granted 1st financial upgradation under the MACP scheme, since he had already got one promotion within 10 years of his joining of service. He was however granted the 2nd financial upgradation under the MACP scheme on 11/01/2018.
5.4 At the time of the promotion of the applicant from the post of CM-II to CM-I on 30/08/2003, the applicant had opted to have his pay fixed from the date of his promotion. The date of the next increment of the applicant was accordingly rescheduled from 1st March to 1st August as per the option exercised by him.
5.5 In case of the other officers, who had been directly recruited along with the applicant and with whom he has been comparing his pay, the date of next increment continued to be 1st March every year. After the implementation of the recommendations of the 6th CPC, it was decided that there would be a uniform date of increment i.e, 1st July of every year. As per the Ministry of Finance OM dated 19/03/2012, officers, Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A./350/0911/2021 whose date of increment were falling between February and June were granted an additional increment as a one-time measure. Since the date of next increment of the other officers with whom the applicant had joined service was 1st March, these officers were granted an additional increment as a one-time measure in terms of the Ministry of Finance OM dated 19/03/2012. Since the date of next increment of the applicant was 1st August, as per the option exercised by him, he was not granted an additional increment unlike the other Officers. 5.6 The MACP scheme was implemented with effect from 01/09/2008.
The applicant however, did not get the 1st financial upgradation under the scheme since by this time already got one promotion, whereas the other officers with whom he is comparing his pay got the first financial upgradation on 01/09/2008 under the MACP scheme, since they had not received any promotion during this period. The disparity of pay between the applicant and the other officers occurred with effect from 01/09/2008, i.e, the date from which the other officers other were granted 1st financial upgradation under the MACP scheme.
5.7 After the implementation of the recommendations of the 6th CPC, the applicant was granted the benefit of merger while fixing of his pay under Rule 13 of CCS (RP) rules.
5.8 As per the DoPT OM dated 22/10/2019, regarding implementation of the MACP scheme, no stepping up a pay in the level would be admissible with regard to a junior getting higher pay than the senior on account of pay fixation under the MACP scheme. Further, as per the said OM, financial upgradation under the said scheme is purely personal to the officer and has no relevance to his seniority position and that no additional financial Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A./350/0911/2021 upgradation for senior employees will be granted on the ground that the junior employee in the grade has a higher pay/level granted to him under the MACP scheme.
Findings.
9, The applicant, Shri Rajesh Rajak was directly recruited to the post of Chargeman Grade-II on 02/03/1998, along with S/Shri Ranjit Pal, Kalyan Sarkar, Sudipta Nandi, and Bibhas Sarkar. His basic pay and that of the above named Officers (hereinafter referred to as the other officers) was fixed at Rs. 5,000/- on the date of his appointment. The applicant is aggrieved because of the fact that the other officers along with whom he was appointed on 02/03/1998, are at present drawing higher pay than him.
10. The applicant was promoted to the post of Chargeman Grade-I w.e.f 30/08/2003. As per then prevalent rules, upon promotion, an employee could either opt for having his pay fixed on the date of his promotion or on the date when his next increment fell due. Since the applicant had opted for fixation of his pay with effect from the date of his promotion to the higher post i.e, w.e.f, 30/08/2003, his date of next increment was changed from 1st March to 1st August. Consequent upon his promotion, the pay of the applicant was fixed at Rs. 6,025/- as on 30/08/2003, whereas the pay of the other officers named above remained at Rs. 5,750/- .The next date of increment of the other officers named above continued to be 1st March.
11. Consequent upon the implementation of the recommendations of the 6th Central Pay Commission, the pay of the applicant was revised to Rs. 11,850/- + Rs. 4,200/- as Grade Pay (G.P). Since his date of next increment was 1st August, as per the option exercised by him as Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A./350/0911/2021 mentioned above, he was not granted an additional increment in terms of the Ministry of Finance OM dated 19/03/2012. The other officers named above, were granted one additional increment with effect from 01/01/2006 in terms of Ministry of Finance OM dated 19/03/2012 as a one-time measure, since their date of next increment was 1st March. The pay of these officers was fixed at Rs. 11,540/-+4,200/- GP.
12. The applicant was promoted to the post of Assistant Foreman on 31/01/2008. This post was merged with the post of Junior Works Manager. The applicant was given the benefit of merger in terms of Rule 13 of CCS (RP) rules, 2008. The pay of the applicant was fixed at Rs.
13,900/- +Grade pay of Rs. 4,600/-. The recommendations of the 6th CPC, provided, interalia, that there would be a uniform date of increment i.e, 1st July every year. The recommendations in this regard were accepted by the Government. Accordingly, the date of next increment of the applicant was fixed on 01/07/2008 and his pay was fixed at Rs.13,900 + 4,600/- as on 01/07/2008.
13. On 01/09/2008, the MACP scheme came into existence. In terms of the said scheme, the other officers named above received the 1st financial upgradation, ignoring their promotion from CM-II to CM-I which were merged on the recommendations of the 6th CPC. The applicant, however, did not get the first financial upgradation under the MACP scheme since even after ignoring his promotion on 03/08/2003 to the CM-I grade, he had already got one promotion during the past 10 years (i.e. from CM-I to Assistant Foreman). Consequently, the pay of the other officers was fixed at Rs. 14,080/-+Grade pay of Rs. 4,600/-. The pay of the applicant Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 9 O.A./350/0911/2021 remained fixed at Rs.13,900/- + 4,600/- (G.P). At this stage, the applicant first started drawing less pay than the other officers.
14. Consequent upon the implementation of the recommendations of the 7th CPC, the pay of the applicant was fixed in terms of CCS (RP) Rules, 2016 in level 7 of Pay Matrix w.e.f, 01/01/2016. His pay on the said date was fixed at Rs. 58,600/-. Likewise, the pay of the other officers was re- fixed. However, in view of the disparity in the pay between them and the applicant which had started from 01/09/2008, their pay was fixed at Rs. 60,400/-.
15. The applicant was granted the 2nd financial upgradation under the MACP scheme on 31/01/2018, and his pay was fixed at Rs. 64,100/- in level 8. The other officers were granted the 2nd financial upgradation under the MACP scheme on 02/03/2018 and their pay was fixed at Rs. 66,000/- in level 8 as on 02/03/2018. As on 01/01/2021, the pay of the applicant was Rs. 72,100/- whereas the pay of the other officers was Rs. 74,300/-.
16. The difference in the pay between the applicant as well as the other officers occurred due to the following reasons:-
(a) The other officers were granted an additional one time increment in terms of the Ministry of Finance OM dated 19/03/2012 since their date of next increment was 1st March. The date of next increment of the applicant was however 1st August since he had himself opted for revised pay fixation with effect from 30/08/2003, consequent upon his promotion from the post of Chargeman Grade II to Chargeman Grade-I. In terms of the Ministry of Finance OM dated 19/03/2012, only those employees whose date of next increment fell between February to June were granted an Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0 10 O.A./350/0911/2021 additional increment as a one-time measure. Since the date of next increment in case of the applicant was 1st August, he was not granted the additional increment.
(b) The other officers were granted the 1st financial upgradation under the MACP scheme by ignoring their promotion from Chargeman Grade-II to Chargeman Grade-I which was in accordance with the recommendations of the 6th Central Pay Commission. The applicant had received two promotions during the period, 1998 to 2008 viz. firstly, from the post of Chargeman Grade II to Chargeman Grade-I on 30/08/2003 and thereafter from the post of Chargeman Grade-I to Assistant Foreman on 31/01/2008. Since the posts of Chargeman Grade-II and Chargeman Grade-I were subsequently merged, this promotion was ignored in terms of the extant guidelines and only the promotion from the post of Chargeman Grade-I to Assistant Foreman was taken into consideration. As such, the applicant was not eligible for the 1st Financial Upgradation under the MACP scheme unlike the other Officers.
17. The contents of Ministry of Finance, Department of Expenditure OM dated 19/03/2012 are reproduced below:-
"1. In accordance with the provisions contained in Rule 10 of the CCS (RP) Rules, 208, there will be a uniform date of annual increment, viz, 1 st July of every year. Employees completing 6 months and above in the revised pay structure as on 1 st of July will be eligible to be granted the increment. The first increment after fixation of pay on 1.1.2006 in the revised pay structure will be granted on 1.7.2006 for those employees for whom the date of next increment was between 1st July, 2006 to 1st January, 2007.
2. The Staff Side has represented on this issue and has requested that those employees who were due to get their annual increment between February to June during 2006 may be granted one increment on 01.01.2006 in the pre-revised scale. Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
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3. On further consideration and in exercise of the powers available under CCS (RP) Rules, 2008, the President is pleased to decide that in relaxation of stipulation under Rule 10 of those Rules, those central Government employees who were due to get their annual increment between February to June 2006 may be granted one increment on 1.1.2006 in the pre-revised pay scale as a one time measure and thereafter will get the next increment in the revised pay structure on 1.7.2006 as per Rule 10 of CCS (RP) Rules, 2008.
The pay of the eligible employees may be re-fixed accordingly...."
18. An extract from the DoPT OM dated 22/10/2019 is reproduced below:-
"Para 9- 'No stepping up of pay in the level would be admissible with regard to junior getting pay than the senior on account of pay fixation under MACP scheme'. Para 19- 'The MACPs contemplates merely placement on personal basis in the immediate higher pay Level/grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. Therefore, no reservation orders/roster shall apply to the MACPs, which shall extend its benefits uniformly to all eligible SC/ST employees also.' Para 20- 'Financial upgradation under MACPs shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for senior employees on the ground that the junior employee in the grade has got higher pay/Level under the MACPs'.
19. In view of the above discussion, we are of the opinion that the pay of the applicant has been correctly fixed by the respondents. The difference between the pay of the applicant and that of the other officers has occurred for valid reasons as has been explained at Paragraph 13 above. We are therefore, of the opinion that this original application is devoid of merit.
Digitally signed by Sambit Kumar Ganguly Sambit Kumar DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
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20. The O.A. is accordingly dismissed without any order as to costs.
(Anindo Majumdar) (Urmita Datta (Sen)
Administrative Member Judicial Member
//SKG//
Digitally signed by Sambit Kumar Ganguly
Sambit Kumar
DN: C=IN, O=Personal, T=7150, OID.2.5.4.65= 1336014722240550049cSCx8jy16P1KN, Phone= df66569e4aef09e8c9fffe11cd84300f3957e9e407509cd8b03c4ab74c00de89 , PostalCode=711112, S=West Bengal, SERIALNUMBER= 02065415bb80bcbd7e94dd7f68fc7cc80240ce4f8e6f28a05df2a781b4e36f2e , CN=Sambit Kumar Ganguly Ganguly Reason: I am the author of this document Location:
Date: 2025.11.21 13:34:40+05'30' Foxit PDF Reader Version: 2024.3.0