Typing Test Exemption for Employees Aged 45 and Above Mandatory for Reversion Immunity.

The applicants, initially appointed as Khalasis in Group 'D' on various dates (March 24, 2006, July 12, 1994, and January 5, 1987)

were promoted to Junior Clerk in Pay Band Rs. 5200-20200 with Grade Pay Rs. 1900 through departmental selection (33⅓% quota LDCE) on August 1, 2011

After serving three years as Junior Clerks, they were reverted to Khalasi on July 15, 2014, and subsequently by an order dated December 5/10, 2015,

for failing to pass the mandatory typing test within the prescribed period of two years after three attempts on October 13, 2012, May 9, 2013, and May 13, 2014

At the time of their reversion, all applicants were over 45 years of age

1. Whether the reversion of the applicants from Junior Clerk to Khalasi for failing to pass the typing test was valid, considering they had attained the age of 45 years

The court primarily applied DoPT O.M. No. 14020/2/21-Estt (D) dated September 29, 1992, which specifies exemptions from typing tests for certain employees, including those over 45 years of age

This O.M. was reiterated by the Railway Board through subsequent circulars, including RBE No. 09/2023 and RBE 02/2017 pursuant to communication dated January 16, 2017

Specifically, sub-paras (i)(a) and (i)(c) of Paragraph 2 of the DoPT O.M. dated September 29, 1992, state that employees who have attained 45 years of age are exempt from passing the typing test

The court found that the applicants' reversion was based solely on their failure to pass the typing test in three attempts, as per extant rules

However, the court recognized that the relevant DoPT O.M. dated September 29, 1992, adopted by the Railway Board, clearly exempts employees who have attained the age of 45 years from passing the typing test

It was undisputed that the applicants had attained the age of 45 years at the time of their reversion

The court rejected the respondents' argument concerning the RBE applicability only to employees with ten years of service after attaining 35 years, stating it was not applicable as the applicants had only three years of service as LDC but had already crossed 45 years of age

The court noted that the RBE issued on April 22, 2015, reiterates this exemption, even if prospectively

Since the applicants' reversion in December 2015 falls within the scope of this exemption, their case must be considered under the DoPT O.M.

The impugned order dated December 5/10, 2015, is quashed and set aside

Respondent No. 3 (Competent Authority) is directed to reconsider the applicants' cases, granting them notional benefits from December 5/10, 2015, until their retirement, and to refix their pension accordingly within three months

The applicants are not entitled to arrears of salary or back wages