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2023 Supreme(Online)(CAT) 3283
1 OA 149/2022/CAT/BANGALORE BENCH
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00149/2022
DATED THIS THE 11TH DAY OF DECEMBER, 2023
HON’BLE MRS. JUSTICE S SUJATHA
...MEMBER(J)
HON’BLE MR.RAKESH KUMAR GUPTA ...MEMBER(A)
1. Shri V.Shankar,
S/o late Varadharajan,
Aged about 69 years,
R/a No.53, Ramanjanappa Layout,
3rd Cross, A-Narayanapura,
Doorvaninagar Post, Bangalore -560016.
2. Shri Alexander,
S/o Gnanam,
Aged about 70 years,
R/a No.25, Sambasiva Temple Road,
8th Cross, R.S.Palya, Bangalore -560033.
3. Shri Franky Rodricos,
S/o Sabastian Rodricos,
Aged about 68 years,
R/a No.10, Nashmita Ramanjappa Layout,
A- Narayanapura , Doorvaninagar Post,
Bangalore -560016.
4. Mrs. C.Mary Philomena,
W/o late Francis Xavier,
Aged about 63 years,
2 OA 149/2022/CAT/BANGALORE BENCH
R/a No.44, ‘Innasa Nilaya’,
3rd Cross, Ramanjanappa Layout,
A- Narayanapura , Doorvaninagar Post,
Bangalore -560016.
5. Shri Dastagir Khan,
S/o Hassan Khan,
Aged about 63 years,
R/a No.54/A, 9th Main,
8th Cross, Yaseemnagar,
H.B.R.Layout, 2nd Block,
Bangalore -560043.
6. Shri Mohamed Rafi,
S/o Pyaray Jhon,
Aged about 65 years,
R/a H.No.54, 9th Cross,
HBR Layout, 2nd Block,
Yasseen Nagar,
Bangalore -560043.
7. Shri Rafi Hameed,
S/o Mohamed Yousoff,
Aged about 69 years,
R/a No.60/1, 3rd Cross,
1st Main Road,
Ganganagar,
Bangalore -560032.
8. Shri G.Manjunatha,
S/o Gopala Rao,
Aged about 62 years,
R/a No.36, ‘Anugraha Nilaya’,
3 OA 149/2022/CAT/BANGALORE BENCH
G.Main Road, 8th Cross,
Sir M.V.Road,
Ramamurthynagar,
Bangalore -560016.
9. Shri Suriya Prakash,
S/o B.L.Krishna Murthy,
Aged about 63 years,
R/a No.36, 5th Main,
Ramanjanappa Layout,
A- Narayanapura,
Doorvaninagar Post,
Bangalore -560016.
10.Shri D.R.Dhamodara,
S/o Ramanna,
Aged about 64 years,
Residing at No.28, 2nd Cross,
Nagarajappa Layout,
‘B’ Narayanapura,
Doorvaninagar Post,
Bangalore 560016.
11.Shri S.Srikrishna,
S/o late S.Srinivasa Rao,
Aged about 68 years,
R/a No.14, 1st Main road,
7th Cross, Prasantha Nagar,
Bangalore -560079.
12.Shri Govinda Raju,
S/o Lakshman Raju,
Aged about 67 years,
4 OA 149/2022/CAT/BANGALORE BENCH
R/o No.32, 4th main,
1st B Cross, AGS Layout,
Arehalli, Bangalore -560061.
13.Shri G.Natarajan,
S/o K.Gopalan,
Aged about 70 years,
R/a Care of Mohamed Rafi,
No.60/1, 3rd Cross, 1st main,
Ganganagar, Bangalore -560032.
14.Shri D.Nagaraj,
S/o Deve Gowda,
Aged about 67 years,
R/a No.17, Vishwesaraiah Road,
D’Souza Nagar, BSK 3rd Stage,
Hoskarehalli, Bangalore -560085.
15.Shri A.J.Madhukar,
S/o Late Joseph Ratnakar,
Aged about 61 years,
R/a No.17/A, ‘Grace Villa’,
Serpentine Road, Kumarapark West,
Bangalore-560020.
16.Shri N.Shanmukhappa,
S/o Nanjundappa,
Aged about 65 years,
R/a No.12/26, 6th Main,
4th Block, Nandini Layout,
Bangalore -560096.
...Applicants
(By Advocate, Shri B.S.Venkatesh Kumar)
5 OA 149/2022/CAT/BANGALORE BENCH
Vs.
1. Union of India,
Represented by Secretary to Government,
Ministry of Defence,
South Block, DHQ PO,
New Delhi - 110011.
2. The Director General of
EME (Civilians), MGO Branch,
Ministry of Defence (Army),
Integrated Headquarters,
DHQ PO, New Delhi -110011.
3. The Commander,
Headquarters Base Workshop Group,
Meerut Cantt. Meerut-250001.
4. The Commandant and Managing Director,
515 Army Base Workshop,
Ulsoor, Bangalore -560008.
5. The Principal Controller of Defence,
Accounts No.107, Lower Agaram Road,
Bangalore -560047.
6. The Secretary to Government,
Department of Personnel and Training,
North Block,
New Delhi -110001.
...Respondents
(By Advocates, Shri Vishnu Bhat for Respondent)
6 OA 149/2022/CAT/BANGALORE BENCH
Per: Justice S.Sujatha ...........Member(J)
The applicants have filed this application under Section 19
of the Administrative Tribunals Act, 1985 seeking the following
reliefs:
“(a)
Call for records of the case from the respondents
and on perusal.
(b)
Quash and set aside the impugned communications
dated
31.1.2022
bearing
No.20804/MACP/EST
(IP)
(Annexure A17 series) passed by the 4th respondent.
(c)
Issue a consequential direction to the respondents to
grant 2nd and 3rd MACP benefits with grade pay of Rs.4600
and Rs.4800 by refixing their pay from the date of
completion of 20 and 30 years’ service by each of them and
further draw and disburse the applicable arrears of
emoluments from the date they become eligible till the date
of payment;
(d)
Grant a further consequential direction to the
respondents to refix the pension and other retiral benefits
consequent on the refixation of pay and further to draw and
7 OA 149/2022/CAT/BANGALORE BENCH
disburse the arrears of pension and other benefits from the
date of respective retirement of each of the applicants.
(e)
Direction the respondent to pay interest on the
amounts from the date of eligibility and till the date of
payment both the pay and allowances and on the pension
and other retirement benefits till the date of payment made
to each of the applicants.
(f)
Grant costs of this OA as the respondents have
unnecessarily dragged the applicants for unwanted litigation
more so as all of them are senior citizens and depend only
on the pension and retiral benefits for their survival.”
2.
Briefly stated the facts as narrated by the applicants are that
they are retired employees (except applicant No.4 being the wife of late
Shri Francis Xavier) having retired from the 4th Respondent Workshop
after putting in about or in excess of 35 years of service. The
applicants have joined the service between 1975 and 1981 and as on
31.12.2005 they have completed 24 years of service. They were
initially appointed in the skilled grade either in the trade of Turner or
Fitter, as skilled employees in the pay scale of Rs.260-350 in the 3rd
CPC dispensation. Based on the recommendation by an expert
8 OA 149/2022/CAT/BANGALORE BENCH
classification committee the pay scale of skilled employees including
the applicants was revised from Rs.260-350 to Rs.260-400. Applicants
No.1 to 4, 9, 12, 14 and 16 were promoted after they passed the
competitive test as Tool and Die Maker having during the 3 CPC
dispensation when the pay scale of Rs.380-560. The scale of Rs.380-
560 was revised in the 4th CPC to that of Rs.1320-2040. Applicants
No.5 to 8, 10, 11, 13 and 15 were similarly promoted as Tool and Die
Maker after they passed the competitive test. As on the date of their
promotions the implementation of 4th CPC recommendations had been
implemented which carried the pay scale of Rs.1320-2040. The
applicants who were in the pay scale of Rs.1320-2040 were given the
pay scale of Rs.4000-6000 with effect from 01.01.1996 on
implementation of 5th CPC recommendation. Pursuant to the
implementation of 5th CPC recommendations, Government of India
introduced the Assured Career Progression (ACP) Scheme which
envisaged grant of two ACP benefits for those who did not get any
promotion in their career even after 12 or 24 years of regular service.
As the applicants had completed more than 24 years of service before
01.01.1996, they have become entitled for both first and second ACP
9 OA 149/2022/CAT/BANGALORE BENCH
benefit with effect from 09.08.1999, which was the effective date of
implementation of ACP Scheme.
