ORDER

(As per Hon’ble Dr . Lata Baswaraj Patne, Judicial Member) By this Original Application, the applicant is seeking following relief:

“ This Hon'ble Tribunal may be pleased to issue an order (i) declaring the action of the 6th Respondent acting on the proceedings of Office of the Controller of Defence Accounts, Secunderabad, Circular No. Paytech.4024/Circular/ Artisan, dated 16-7-2015 and issuing impugned orders dated 28-7-2015 served on the applicants on 19-8-2015 and reverting from Grade Pay of Rs.4,600/- to Rs.4,200/-, the 3rd MACP Financial Upgradation benefits granted after completion of 30 years of service on 21-9-2012 and 20-8-2012 respectively to the applicants and further ordering for recovery of alleged over payment from the regular pay bills of August, 2015 onwards by ignoring the contents of Para No. 11 of the O.M. dated 19-5-2009, Para No. 5 of the Annexure to the O.M.

dated 19-5-2009 (MACP Scheme) and clarification Point No. 35 of the DOP&T O.M. dated 18-7-2001 as arbitrary, illegal, unconstitutional and violation of Article 14, 16 & 21 of Constitution of India and set aside the Circular No. Paytech.4024/Circular/ Artisan, dated 16-7-2015 and impugned orders dated 28-7-2015; and (ii) direct the Respondents to restore back the 3a MACP financial upgradation granted w.e.f. 21-9-2012 and 20-8-2012 in the grade pay of Rs. 4600/- to the applicants herein with all consequential benefits and pass such further or other order or orders as the Hon'ble Tribunal deems fit and proper in the circumstances of the case.”

2. The brief facts of the case are that the applicants joined the services of the respondents as Painter Skilled and as Carpenter respectively in the year 1982. Subsequently, both were promoted as Painter/ Carpenter HS Grade II respectively. After implementation of the 5th CPC, the Government of India, Ministry of Defence, New Delhi, vide OM dated 20-5-2003, restructured the cadre of the Artisan staff in Defence establishments in modification of recommendations of 5th CPC and the Artisan staff who are known as Industrial workers are distributed in Grades as below w.e.f. 1-1- 1996: <br/>

(i) Skilled RS.3050-4590 (45%)* (ii) Highly Skilled (HS-I + HS-II) Rs.4000-6000 (55%) iii) Master Craftsman Rs.4500-7000 (25% of 55%)** and they are distributed in the ratio of 45% Skilled, 55% Highly Skilled which includes 25% of it as Master Craftsman (that is 13.75% rounded off as 14%).

The post of Master Craftsman is not part of the hierarchy and as such, the placement in this grade shall not be treated as promotion for Highly Skilled Grade, either under normal promotion Rules or under ACP/MACP scheme. As per the O.M. dated 20-5-2003, the applicants were placed in the MCM Grade in the scale of Rs.4500-7000 (V CPC) by an order dated 10-8-2008 of the 6th Respondent giving effect from 1st January, 2006 and 1-2-2008 respectively.

Further, the Government of India, accepted the 6th CPC on 29-8-2008 and upgraded the pay scale of Master Craftsman based on the Fast Track Committee recommendations, by upgrading the Master Craftsman (MCM) pay scale from Rs.4500-7000 (5th CPC) to Rs.5000-8000 (5th CPC) and subsequently revised to Rs.4200/- grade pay in PB-2 of 6th CPC. The applicants, who have joined in the year 1982, after completion of 24 years of service, were granted 2nd ACP Financial upgradation on 21-9-2006 and 20-8-2006 respectively. Subsequently, the applicants were also granted 3rd Financial Upgradation on 21-9-2012 and 20-

8-2012 respectively after completion of 30 years of regular service as they did not get any promotions and were placed in the Grade Pay of Rs.4600/- as per the MACP scheme dated 19-5-2009 and pay fixation was also granted. The applicants are enjoying the said benefit at Grade Pay of Rs.4600/- under the Financial upgradation of 3rd MACP. However, subsequently, the said benefit has been revised by impugned communication and the applicants’