Biswajit Das Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

Biswajit Das Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

The writ petition was disposed of; the prayer that the authorities be directed to hold the type test within a fixed period of two months was not accepted, with the observation that the typing test would be conducted as and when the promotion process for promotion to the post of LDC is undertaken.

Issue for consideration

Whether there is any scope for challenging the order of the West Bengal Administrative Tribunal that was passed on the consent of the writ petitioner. +1 more

Court's answer

On that basis the writ petition was disposed of, without disturbing the consent order of the Tribunal or acceding to the prayer for a fixed two-month timeframe.

Ratio / Principle

Since there is no disability in appearing for the type test and the petitioner's consent stands recorded in the Tribunal's order, the court finds no justification in the submission that the Tribunal's order should be supplemented by circumscribing a fixed timeframe for the type test.

Key takeaways

The typing test will be conducted as and when the promotion process for promotion to the post of LDC is undertaken by the authorities, having regard to the relevant factors.ratio¶17

Detailed headnote1 paragraphs

Biswajit Das, a Group D employee with 40% disability in one leg (polio), sought promotion to the post of L.D.C. As there was no disability in sitting for the type test, the authorities required him to participate in it, and his consent to this effect came to be recorded in the order of the West Bengal Administrative Tribunal in O.A. No. 488 of 2024. Before the court he prayed that the authorities be directed to hold the type test within a fixed period of two months. The court held that since there was no disability in appearing for the type test and the consent already stood recorded in the Tribunal's order, there was no justification to supplement that order by circumscribing a timeframe; the typing test would be conducted as and when the promotion process for promotion to the post of LDC is undertaken by the authorities, having regard to the relevant factors. The writ petition was disposed of in these terms.

11^th February, 2026 (D/L No.55) Ct. No.4 (SKB)

W.P.S.T. 266 of 2025

Biswajit Das

Versus

State of West Bengal and others

Mr. Partha Sarathi Das, Mr. Umer Sadhique, Ms. Purnima Panda, Ms. Maria Sharwari, Ms. Sudipa Das, Mr. Agnijyoti Chandra, Ms. Swarnali Ghosh

… for the petitioner.

Mr. Swapan Kumar Datta, ld. GP, Mr. Rajat Datta

… for the State.

The affidavit in service is taken on record.

We have raised a specific query from the learned

advocate for the petitioner that in view of the submission recorded in the West Bengal Administrative Tribunal (in short ‘Tribunal’) on behalf of the petitioner that he is not against participating in the type test and since the order was passed on consent of the writ petitioner whether there is any scope for challenging such an order of the Tribunal, the learned advocate for the petitioner submits that the authorities be circumscribed for holding a type test within a fixed period of two months.

A brief background which leads to filing of the matter before the Tribunal, is that the petitioner

2

was claiming a promotion from Group D to the post of L.D.C. He suffered a disability to the extent of 40% in one leg as a result of being effected with Polio.

Considering the issue and since there was no disability in sitting for the type test, the authorities were of the view that he should participate in the type test. It is this aspect which led the petitioner to come before the Tribunal in O.A. No.488 of 2024, wherein the consent on behalf of the writ petitioner was recorded.

Since there is no disability in appearing for the type test and the consent in this regard has been recorded in the order of the Tribunal, we find no justification in the submission advanced by the petitioner’s counsel that the order should be supplemented by circumscribing a timeframe. Typing test would be conducted as and when the promotion process for promotion to the post of LDC is undertaken by the authorities, having regard to consideration of the relevant factors.

The writ petition is disposed of in terms of the above.

(Madhuresh Prasad, J.)

(Prasenjit Biswas, J.)