SUBHENDU HALDAR vs SOUTH EASTERN RAILWAY

O.A. 1468 OF 2026
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA

O.A. 350/1468/2026
M.A. 350/918/2026 Date of Order: 13.10.2026

:
Coram
Hon’ble Smt. Urmita Datta (Sen), Judicial Member
Hon’ble Mr. Anindo Majumdar, Administrative Member

In the matter of :

1. SUBHENDU HALDAR, son of Late Sital Chandra Haldar, aged about 52 years,

working as Chief Loco Inspector, residing at South Sanjoal, Near Isla Pukur, P.O-
Kharagpur, Midnapur, WB-721301, Mobile no. 9002085515 , Email ID: subhendu
[email protected] West

2. SUBHAS SARKAR, son of Upendra Nath Sarkar, aged about 52 years working as
Chief Loco Inspector, Kharagpur, residing at Flat No-C-201, Diamond Tower-2, Barbetia,
P.O-Changual, Kharagpur, Paschim Medinipur, West Bengal, PIN-721301, Mobile no.
7001956412, E-mail ID: [email protected] .
3. DEBASHIS HALDAR, son of Late Shyam Sundar Haldar, aged about 54 Years,
working as CLI/KGP, residing at 491/1, Sanjoal, Ward no- 24, Kharagpur, Paschim
Medinipur, 721301, Mobile no. 9002081462 , E-mail [email protected] ID
4. BRIHASPATI DAS, son of Late Adhir Ch. Das, age about 52, working as CLI, residing
at Qtr No-S/III/2, Unit- 2, New Development, Kharagpur-721301, Mobile no.
9002086000 , E-mail ID: [email protected]
5. UDAY GIRI DAS, son of Late Prasanta Kr Das, ageda bout 56 Years, working as
Chief Loco Inspector, Kharagpur, reiding at Railway Quarter No-235, South Side,
Kharagpur-721301, Mobile no. 9002086153 , Email ID: [email protected] .
6. BIPLAB ADHIKARY, son of Bhudeb Adhikary, aged about 46 Years, working as Chief
loco inspector, Kharagpur, Residing at Banglow no. 460, South Side, 4th Avenue,
Kharagpur, Near S.P.More, West Medinipur,pin 721301, Mobile no 7501776055, Email
id [email protected]
7. MOHAN SOREN, son of Late-Barial Soren, aged about 57 years Working as Chief
loco inspector, Kharagpur, residing at Qtr no-333, unit-4,5,6,South Side Kharagpur,
Kidnaper, WB-721301, Mobile no- 9002081397 , Email ID:[email protected]
….. Applicants


Vs.

i) The Union of India, through General Manager, South Eastern Railway,
Garden Reach Road, Kolkata 700043.

ii) Principal Chief Personnel Officer, South Eastern Railway, Garden Reach
Road, Kolkata 700043.

Digitally signed by Dharna rawat
DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal,
postalCode=700020, serialNumber=
7d43919c17542b4adb150806aaf48ebb8c556079fae064e0809be82
Dharna 2758c47de, telephoneNumber=
aed2f6fed6cd6db725de71ab523b147a42fb9045a9220ccdeba7cd82 0ed32045
Reason: I am the author of this document
Location:
Date: 2026.10.30 12:47:56+05'30'
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rawat

O.A. 1468 OF 2026
iii) Divisional Railway Manager, S.E.Railway, Kharagpur, P.O.+P.S.-
Kharagpur, Paschim Medinipur, Pin-721303

iv) Sr. DEE(OP), S.E.Railway, Kharagpur, P.O.+P.S.- Kharagpur, Paschim
Medinipur, Pin-721303

v) Amulya Kumar Pusthi, Senior DEE/OP, S.E.Railway, Kharagpur, P.O.+P.S.-
Kharagpur, Paschim Medinipur, Pin-721303

……. Respondents


For the Applicants : Mr. A Chakraborty, Counsel

For the Respondents : Mr. B K Banerjee, Counsel


O R D E R (ORAL)

Per: Hon’ble Smt. Urmita Datta (Sen), Judicial Member

1 . The applicants have approached this Tribunal under Section 19 of the
Administrative Tribunals Act, 1985, praying for the following relief(s):

a) An Order do issue directing the respondents to conduct a supplementary selection
“
test for appointment to the ex-cadre post of Instructor since they were not spared by
the authority concerned on 24.09.2026 to appear in the said test and to allow them to
appear ir the written test for appointment to the post of Instructor since their names
were included in the list of eligible candidates.
b) To grant Costs and incidentals.

c) Any other order or orders as the Hon'ble Tribunal deems fit and proper.

d) Leave may be grant to join all the applicants under Rule 4 (5) (a) of the CAT
Procedure Rules, 1987.”

2. Ld. Counsel for the applicants is present and files affidavit of service, which
is taken on record.
3. M.A. 918/2026 filled by the applicants for joint prosecution under Rule
4(5)(a) of CAT procedure Rules, 1987 is allowed on being satisfied with the
grounds therein.
Digitally signed by Dharna rawat
DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal,
postalCode=700020, serialNumber=
7d43919c17542b4adb150806aaf48ebb8c556079fae064e0809be82
Dharna 2758c47de, telephoneNumber=
aed2f6fed6cd6db725de71ab523b147a42fb9045a9220ccdeba7cd82 0ed32045
Reason: I am the author of this document
Location:
Date: 2026.10.30 12:47:56+05'30'
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rawat

O.A. 1468 OF 2026
4. As per the applicants in pursuance to notification dated 30.07.2025 for
filing up the vacancy of the faculty member at STC, BTC& RWTI/KGPW now MDZTI
(Mech)/KGP, the applicants had applied for the same. By order dated 28.07.2026,
a list eligible candidates were published wherein the name of the applicants being
applicant No. 1, 2, 3, 4, 5, 7, 8 & 53 was given and Admit Card was also issued in
favor of the applicants. However, though the examination was scheduled to be
held on 24.09.2026, however, they have not been spared by the concerned office
in this respect they have intimated the Divisional Railway Manager, S.E. Railway
with regard to non sparing of them for appearing in the TBT examination through
E-mail dated 23.09.2026 at 7:45 A.M., even than they were not been spared.
Being aggrieved with they have approached this Tribunal.
5. During the course of hearing, Ld. Counsel for the applicants has fairly
submitted that it would suffice the purpose of the applicants, if the authority
would be directed to allow them to sit in the supplementary examination as
absentee employees since they are not at fault for such non sparing and the result
should not be published before the supplementary examination is over.
6. However, Ld. Counsel for the respondents has submitted that since Admit
Card has been issued they could have appeared out of their own in the
examination and since they did not they have waived their statutory rights.
7 . Ld. Counsel for the applicants further submits that the applicants were
holding responsible posts and unless they are spared they could not appear.
8. We have heard the parties and perused the records.
9. Though as per the applicants, their names were published in the eligible list
vide notification dated 28.07.2026 and also they were issued Admit Card,
Digitally signed by Dharna rawat
DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal,
postalCode=700020, serialNumber=
7d43919c17542b4adb150806aaf48ebb8c556079fae064e0809be82
Dharna 2758c47de, telephoneNumber=
aed2f6fed6cd6db725de71ab523b147a42fb9045a9220ccdeba7cd82 0ed32045
Reason: I am the author of this document
Location:
Date: 2026.10.30 12:47:56+05'30'
Foxit PDF Reader Version: 2025.3.0
rawat

O.A. 1468 OF 2026
however, they were not been spared by their controlling authority, they could not
appear in the examination.
10. As per the respondents they could have appeared on the basis of strength
of Admit Card, therefore, if they had not done this they have waved their
statutory rights. However, We are not in agreement with the submissions of the
respondents as the applicants who are working in a different operational posts
how they could have appeared on their own on the basis of Admit Card and
without being spared by the controlling authority.
11. Therefore, we direct the respondent authority to allow them to appear in a
supplementary absentee examination and further it is directed that the
respondents should not publish any result out of this notification till the
completion and evaluation of the papers of the applicants.
12. Accordingly, the OA is disposed of at admission stage. No costs.
13. Both the parties are directed to communicate the gist of the order to the
respondents.


(Anindo Majumdar) (Urmita Datta (Sen))
Administrative Member Judicial Member



DR





Digitally signed by Dharna rawat
DN: C=IN, CN=Dharna rawat, O=Central Administrative Tribunal, OU=Department of Personnel and Training, ST=West Bengal,
postalCode=700020, serialNumber=
7d43919c17542b4adb150806aaf48ebb8c556079fae064e0809be82
Dharna 2758c47de, telephoneNumber=
aed2f6fed6cd6db725de71ab523b147a42fb9045a9220ccdeba7cd82 0ed32045
Reason: I am the author of this document
Location:
Date: 2026.10.30 12:47:56+05'30'
Foxit PDF Reader Version: 2025.3.0
rawat