19.06.2025 (D/L-5) Ct. No.4 (B.K.N.) W.P.C.T. 82 of 2025 Union of India & Others Vs. Gobinda Koley Mr. S. N. Dutta, Mr. Pradip Kumar Kundu ...for the Petitioners Mr. Aniruddha Datta ...for the Respondent 1. The facts, recorded in the order of the Central Administrative Tribunal in O.A. No. 1552 of 2016 filed by the respondent are not disputed as the order of the Tribunal has not been assailed by the respondent. 2. The respondent was working as a Junior Clerk and had appeared for promotion as a Senior Clerk by writing the suitability test. Upon being found suitable he refused to accept the benefits of such promotion which involved a transfer. Since he chose to stay at the station Howrah, he did not avail the benefit of the promotion based on the result of a suitability test. 3. He has appeared at one typing test just prior to his superannuation and made a claim to the authority for grant of promotion a Senior Clerk based on the typing test. The Tribunal upon consideration of such facts has directed the authorities to reconsider the case of the applicant by taking into account the fact that he passed the typing test before his retirement. However, the direction in paragraph 12 to this extent reads as follows: 2 “12. In view of the above, we direct the r4espondents to reconsider the case of the applicant by taking into account the fact that he had passed the typing test before his retirement and if he is found suitable, otherwise, he should be granted the benefit of the pay scale of the Sr. Clerk i.e, Rs. 5,200-20,200 notionally within a period of 4 months from the date of the receipt of the certified copy of this order.” 4. The fact is not in dispute that the petitioner did not avail the promotion granted to him in the year 2004. It is also not in dispute that thereafter he has never qualified in the suitability test, which is required for the promotion in question. 5. In the circumstances whether he can be granted promotion on the basis of the typing test, or not is an issue which aspect we leave it open to the respondent to consider. 6. The order of the Tribunal stands modified to this extent. Let a final order regarding petitioner’s entitlement be passed in terms of the Tribunal’s order within 90 days. The question of making payment for the scale of Senior Clerk may arise only if the petitioner is found entitled to any benefit of promotion. 7. The writ petition is disposed of accordingly. (Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)