Central Administrative Tribunal - Kolkata
Biswajit Das vs O F B on 25 November, 2025
1 O.A. 852 of 2019
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
O.A. 350/852/2019 Date of Hearing : 10.11.2025
Date of Order: 25.11.2025
Coram : Hon'ble Smt. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Suchitto Kumar Das, Administrative Member
Biswajit Das, son of Late Nani Gopal Das, aged
about 40 years, working as Upper Division Clerk,
Ordnance Factory Board, 10A, S.K. Bose Road,
Ayudh Bhawan, Kolkata-700001, residing at
Central Govt. Quarter, Tollygunge, Block-A, Room
No.85, Graham Road, Kolkata-700040.
....... Applicant.
-versus-
1. Union of India through the Secretary to the
Govt. of India, Ministry of Defence, South Block,
New Delhi-110011.
2. The Director General, Ordnance Factories,
Ordnance Factory Board, 10A, S.K. Bose Road,
Kolkata-700001.
3. The Deputy Director General, Head Quarters,
Govt. of India, Ministry of Defence, Ordnance
Factory Board, 10A, S.K. Bose Road, Kolkata-
700001.
4. Shri Santanu Patra, Upper Division Clerk,
Ordnance Factory Board, 10A, S.K Bose Road,
Kolkata-700001.
5. Ms. Dipanwita Chanda, Upper Division Clerk,
Ordnance Factory Board, 10A, S.K Bose Road,
Kolkata-700001.
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2025.11.25 16:21:37+05'30'
Foxit PDF Reader Version: 2024.3.0
2 O.A. 852 of 2019
6. Shri Suvabrata Dutta, Upper Division Clerk,
Ordnance Factory Board, 10A, S.K Bose Road,
Kolkata-700001.
7. Shri Ravi Kumar, Upper Division Clerk, Ordnance
Factory Board, 10A, S.K Bose Road, Kolkata-
700001.
8. Shri Saptarshi Chatterjee, Upper Division Clerk,
Ordnance Factory Board, 10A, S.K Bose Road,
Kolkata-700001.
9. Saba Aaquil, Upper Division Clerk, Ordnance
Factory Board, 10A, S.K Bose Road, Kolkata-
700001.
10. Suranjana Kar Chowdhury, Upper Division
Clerk, Ordnance Factory Board, 10A, S.K Bose
Road, Kolkata-700001.
11. Shri Avijit Chatterjee, Upper Division Clerk,
Ordnance Factory Board, 10A, S.K Bose Road,
Kolkata-700001.
12. Shri Prasenjit Mazumder, Upper Division Clerk,
Ordnance Factory Board, 10A, S.K Bose Road,
Kolkata-700001.
13. Rajasree Acharya, Upper Division Clerk,
Ordnance Factory Board, 10A, S.K Bose Road,
Kolkata-700001.
14. Shri Anupam Bhattacharyya, Upper Division
Clerk, Ordnance Factory Board, 10A, S.K Bose
Road, Kolkata-700001.
15. Anju Tiwari, Upper Division Clerk, Ordnance
Factory Board, 10A, S.K Bose Road, Kolkata-
700001.
16. Renuka Debnath, Upper Division Clerk,
Ordnance Factory Board, 10A, S.K Bose Road,
Kolkata-700001.
...... Respondents.
For the Applicant : Mr. S.K. Datta; Counsel
For the Respondents : Mr. B.B. Chatterjee, Counsel
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone=
Dhrubajyoti banerjee
90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal,
SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee
Reason: I am the author of this document
Location:
Date: 2025.11.25 16:21:37+05'30'
Foxit PDF Reader Version: 2024.3.0
3 O.A. 852 of 2019
ORDER
Per Hon'ble Mr. Suchitto Kumar Das, Administrative Member :
1. The applicant has filed this Original Application under Section 19 of the Administrative Tribunal Act, 1985, praying for the following relief(s):
"a) An order holding that the denial of benefits of confirmation as well as promotion to the post of UDC on par with the private respondents i.
e. w. e. f. 01.04.2015 with all consequential benefits are bad in law and arbitrary and accordingly an order directing the respondent authorities to extend the benefits of confirmation as well as the promotion to the post of UDC w.e.f. 01.04.2015/on par with private respondents with all consequential benefits including Seniority and Pay benefits.
b) An order directing the official respondents to revise the Order of Promotion of the applicant to the post of UDC by antedating the date of promotion of the applicant as UDC w.e.f. 01.04.2015 with all consequential benefits.
c) An order directing the official respondents to grant the benefits of promotion to the applicant w. e. f. 01.04.2015 to the post of UDC with consequential seniority above the private respondents as per his seniority position above the private respondents in the seniority list of LDC dated 15.04.2013 by restoring his seniority as LDC in the said seniority list as was shown earlier.
d) An order to consider the applicant for further promotion above the post of UDC taking into account his service as LDC w. e. f. 26.10.2010 and an order quashing and/or setting aside the order dated 11.06.2019.
e) An order directing the respondents to produce/cause production of all relevant records.
f) Any other order or further order/orders as to this Hon'ble Tribunal may seem fit and proper."
2. Facts as narrated by the applicant in his O.A are as follows:
Applicant is working as Upper Division Clerk in Ordnance Factory Board. Applicant was initially appointed on compassionate ground as LDC in 2010 but subsequently reverted as MTS in April 2013 which was challenged before this Tribunal and the same was set aside against which the respondent authorities approached the Hon'ble High Court at Calcutta and after dismissal of the said writ petition, the applicant was reinstated as LDC with retrospective effect i.e. w.e.f. Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.11.25 16:21:37+05'30' Foxit PDF Reader Version: 2024.3.0 4 O.A. 852 of 2019 the date he was appointed initially as LDC the applicant after reinstatement was however not considered for promotion at par with his erstwhile juniors but was granted promotion in the year 2018 whereas his erstwhile juniors were promoted w.e.f. 01.04.2015. Applicant made a representation for promotion to the post of UDC at par with private respondents i.e. w.e.f. 01.04.2015. This representation was considered pursuant to direction of this Tribunal in OA No. 1942 of 2018 and was rejected. Hence this OA.
3. Ld. Counsel for the applicant submits that prior to the reversion of the applicant from the post of Lower Division Clerk to the post of MTS, the applicant's seniority as Lower Division Clerk as on 01.01.2013 was fixed at serial No. 43 and the private respondents were all junior to the applicant. After reinstatement of the applicant in the year 2016, the applicant was at Serial No. 2 in the Seniority List of Lower Division Clerk as on 01.01.2017 as per Circular dated 22.11.2017. In the Final Seniority List of Lower Division Clerk as on 01.01.2018 circulated on 20th March, 2018 the name of the applicant was at Serial No.2. In the meantime, a Seniority List of Upper Division Clerk was published wherein the private respondents who were junior to the applicant had been placed in the said Seniority List showing them promoted as Upper Division Clerk w.e.f. 01.04.2015. The applicant was promoted to the post of Upper Division Clerk by order dated 06.06.2018.
Ld. Counsel for the applicant submits that the applicant was senior to the private respondents who were granted promotion as Upper Division Clerk w.e.f. 01.04.2015 when the case of the applicant was subjudice. Although by subsequent order dated 10.08.2018, the said date of promotion was confirmed so far as the private respondents are concerned, the date of promotion of the Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.11.25 16:21:37+05'30' Foxit PDF Reader Version: 2024.3.0 5 O.A. 852 of 2019 applicant to the post of Upper Division Clerk at par with the private respondents was not considered as he had not passed the typing test in 2015.
Ld. Counsel for the applicant submits that the applicant due to his reversion did not get quarterly opportunities to appear for the Typing Test except once prior to his reversion and subsequently he was not granted any opportunity and due to reversion his confirmation was also delayed.
Ld. Counsel for the applicant submits that the grounds stated in the order dated 11.06.2019 rejecting his representation for antedating his promotion are totally arbitrary, discriminatory and baseless as the applicant could not have been made to suffer for his wrongful reversion and denial of opportunity to take typing test due to such illegal reversion as held by this Tribunal.
Ld. Counsel for the applicant submits that when the reversion of the applicant was set aside and this Tribunal was pleased to order that from the date of his termination from the post of LDC till the date of restoring him to the post of LDC, the entire period shall be counted as the one spent in the grade of LDC, as such, the applicant was entitled to notional promotion at par with his juniors as UDC and also the consequent seniority above his juniors according to seniority position of the applicant in the post of LDC as was published on 15.04.2013. Applicant is also entitled to consideration for the purpose of further promotion as Assistant or any other promotional post of UDC by taking into account his retrospective date of promotion as UDC w. e. f. the date his juniors were promoted as UDC. The applicant has already qualified in typing test as per opportunity given to him after the order of this Tribunal setting aside the reversion and after affirmation of the said order by the Hon'ble High Court at Calcutta and the same has nothing to do with the seniority and promotion. Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.11.25 16:21:37+05'30' Foxit PDF Reader Version: 2024.3.0 6 O.A. 852 of 2019
4. Ld. Counsel for the respondents submits that in compliance with the order of the CAT, Kolkata Bench and Hon'ble High Court, Kolkata, the applicant was re-
instated in the post of LDC from 26.10.2010 vide Office Order No. 91 dated 09.08.2016. His erstwhile seniority in the grade of LDC was also restored. However, on the date of 09.08.2016, the applicant did not pass the type-writing test, which is a pre-requisite for completion of probationary period as well as confirmation in the grade. His erstwhile juniors have completed all the requisite qualification at that time and got promotion w.e.f. 01.04.2015 as and when the applicant has passed type-writing test i.e. 15.11.2016.
Ld. Counsel for the respondents submits that on 28.04.2015 the private respondents became eligible for consideration of promotion in the grade of UDC after having passed the typing test. At that time there was no legal bar/stay order on granting promotion to the private respondents. At that time, the applicant was not in a position in the grade of LDC. On 09.08.2016 the applicant was restored to the post of LDC w.e.f. 26.10.2010. Type-writing test was conducted and the applicant passed the said test on 15.11.2016. Subsequently, the applicant was confirmed in the grade of LDC w.e.f. 16.11.2016 and was eligible for promotion to the post of UDC. As per extant DOP&T instructions in force, promotion can be given to an individual only after passing type-writing test and confirmation in the feeder grade. Hence, it is not feasible to effect promotion from a retrospective date, i.e. 01.04.2015 as the applicant had neither acquired the stipulated qualification / Skill test nor was he confirmed in the grade of LDC on 01.04.2015. Govt. of India, DOP&T's OM No. 14020/3/95-Estt.(D) dated 14.09.1995 and Fundamental Rules 26(19) stipulate that promotion to the post of UDC will be granted to LDCs upon passing the typing test.
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.11.25 16:21:37+05'30' Foxit PDF Reader Version: 2024.3.0 7 O.A. 852 of 2019 Ld. Counsel for the respondents relies on our order dated 19/05/2025 in O.A No. 405/2025.
5. Heard the parties. Perused material on record.
6. Applicant, a Secondary School passed candidate, was appointed as LDC w.e.f 26.10.2010 on compassionate grounds as per eligibility criteria laid down in Recruitment Rules in force. Subsequently, it was found by the respondents that by an amendment dated 01.09.2010, eligibility criteria for LDCs had been revised to Class-XII pass. Appointment of the applicant as LDC was withdrawn vide letter dated 03.04.2013 on the ground that he did not meet the eligibility criteria as per amendment dated 01.09.2010. He was instead offered appointment in the lower grade of MTS. Order dated 03.04.2013 was challenged by the applicant in OA no.
967/2014. This OA was allowed by the Tribunal by its order dated 15.10.2015 on the ground that at the time of initiation of the appointment process, the earlier Recruitment Rules held the field and the amended rules had not come into force. Since the final appointment on 15.11.2010 was only the culmination of a process initiated before the issue of the amendment on 01.09.2010 which revised the eligibility criteria for appointment as LDC, the appointment of the applicant was lawful. This decision of the Tribunal was upheld by the Hon'ble High Court by its order dated 28.07.2016. After the dismissal of the Writ Petition filed by the respondents, the respondents restored the appointment of the applicant as LDC w.e.f. 26/10/2010 vide order dated 10.08.2016.
In the meantime, some other LDCs who were initially junior to the applicant were promoted as UDCs w.e.f. 01/04/2015 after having passed the typing test. The applicant passed the typing test on 15/11/2016 after being re-instated in the post of LDC and was confirmed as an LDC w.e.f. 15/11/2016 and was promoted as Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.11.25 16:21:37+05'30' Foxit PDF Reader Version: 2024.3.0 8 O.A. 852 of 2019 UDC on 06/06/2018. As a result, in the seniority list of UDC, he has been placed below the private respondents.
7. It is the applicant's case that since he was wrongfully denied the post of LDC between 2013 and 2016, he did not get the opportunity to clear the typing test along with or before the private respondents. He passed the typing test soon after his reinstatement. Therefore, his seniority in UDC grade should also be fixed above the private respondents who were always junior to him because the applicant is in no way responsible for the delay in passing the typing test which led to his delayed confirmation and promotion.
8. Respondents on the other hand submit that as per FR 26(19), promotion to UDC grade can be considered only after a candidate in the feeder grade of LDC passes the typing test. Since the applicant passed the typing test only on 15/11/2016, he cannot be deemed to be promoted w.e.f. 01/04/2015, the date on which the private respondents had been confirmed, nor can his promotion be antedated to a date prior to his passing of the typing test. Therefore, he cannot be placed above the private respondents in the seniority list of UDCs.
9. The applicant admittedly appeared in but failed to clear the typing test in 2011. As per his submission, he was not allowed to appear in the typing test after that date on the ground that he had not passed Class-XII. He appeared and cleared the test in 2016, i.e., after his appointment as LDC was restored by the respondents.
As per rules, an LDC is confirmed in his post only upon passing the typing test or if he/she is exempted from such test. Promotion to UDC grade would follow only after confirmation as LDC. The applicant admittedly appeared in the typing test in 2011, but failed to qualify. Even though his date of appointment as Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.11.25 16:21:37+05'30' Foxit PDF Reader Version: 2024.3.0 9 O.A. 852 of 2019 LDC is 26.10.2010, he could not automatically be confirmed unless he passed the typing test as it cannot be said with certainty that the applicant would have passed the typing test had his service as LDC continued uninterrupted since 26.10.2010. He cleared this test only in the year 2016. His juniors in the original seniority list of 2013 passed the typing test in the meantime and were confirmed.
Upon confirmation they were promoted as UDCs and were placed above the applicant who became eligible for confirmation only after he passed the typing test in 2016.
10. The applicant's reversion to the post of MTS was set aside by this Tribunal which directed the respondents to treat the period between the date of his termination and the date of his reinstatement as having spent as an LDC. In compliance of the order of this Tribunal, the respondents reinstated him as LDC with effect from 26.10.2010 and restored his seniority as LDC. Promotion to UDC requires passing of typing test. It is not disputed that on the date of his reinstatement, he had not cleared the typing test which he passed on 15/11/2016. It is also not disputed that the private respondents passed their typing test and became eligible for promotion as UDC in 2015. In a similar case, in O.A No. 405/2025, this Bench had been of the view that the delay in passing the typing test for whatever reason and consequent delay in promotion to the post of UDC will lawfully result in alteration of the seniority position in the UDC grade and had denied similar relief as claimed by the applicant herein. We are bound by our own order.
11. In the circumstances, we do not find merit in the claim of the applicant that his date of confirmation and his promotion be antedated so that his position in Digitally signed by Dhrubajyoti banerjee DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.11.25 16:21:37+05'30' Foxit PDF Reader Version: 2024.3.0 10 O.A. 852 of 2019 the seniority list of LDCs with respect to the private respondents is maintained in the seniority list of UDCs.
12. OA lacks merit and is accordingly dismissed. No costs.
(Suchitto Kumar Das) (Urmita Datta (Sen))
Member (A) Member (J)
DB
Digitally signed by Dhrubajyoti banerjee
DN: C=IN, O=Personal, T=4175, OID.2.5.4.65=1335885743022601584xv4l838ygvJ5Z, Phone= Dhrubajyoti banerjee 90ed2697919465890397c0e615eece98d6903a5f70d28686aacddcc72088fbe2, PostalCode=713409, S=West Bengal, SERIALNUMBER=3c1d4e3f19f312d282cb79397110e181e5ebdbf76bd6fbc3fbfbb1822c0f4c19, CN=Dhrubajyoti banerjee Reason: I am the author of this document Location:
Date: 2025.11.25 16:21:37+05'30' Foxit PDF Reader Version: 2024.3.0