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2025 Supreme(Online)(CAT) 9515
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Manish Garg, J, Dr. Anand S. Khati, A
Sangita Mehrotra – Appellant
Versus
Union of India Ministry of Water Resources, RD & GR – Respondent
O.A. No. 3703/2018 | M.A. No. 3838/2019 | M.A. No. 1154/2025
For the Appellants/Petitioners: Mr. Rohan Mehrotra
For the Respondents: Mr. Vijendra Singh
Administrative service benefits under specific schemes cannot be claimed for previous service in public sector undertakings as per existing laws and regulations.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Grant of benefits under ACP/MACP Scheme - Applicant, a Stenographer, challenged the withdrawal of financial upgradation benefits awarded under ACP/MACP Scheme - The Tribunal held the withdrawal valid due to persistent audit objections - The applicant acknowledged the need for clear service conditions regarding financial upgrades under the scheme. (Paras 2, 6, 11)
(B) Relevant service regulations - The decisions regarding counting service from the appointment date were upheld with reference to existing laws specifying that service in a PSU is not to be counted for ACP/MACP benefits - The Tribunal noted the precedence of clarified service rules over prior informal agreements. (Paras 7, 10)
Facts of the case:
The applicant sought restoration of financial benefits withdrawn after audit objections, citing her institutional history and eligibility for ACP/MACP benefits based on her service and transfer protocols.
Findings of Court:
The applicant's claims were limited by the stipulations incorporated during her acceptance of absorption and related to the regulatory framework governing MACP applicability.
Issues: Determining the rightful entitlement of the applicant for financial upgradation under the mentioned schemes, considering the statutory regulations applicable to her employment history.
Ratio Decidendi: The court found that the guidance from administrative orders arose from clarifications that services in PSUs are excluded from ACP/MACP benefits, thereby affirming the decision to revoke earlier allowances.
Result: The O.A. is disposed of, with the entitlement of the applicant confirmed from the date of regular absorption.
| Table of Content |
|---|
| 1. background and entitlement regarding acp/macp financial benefits. (Para 2) |
| 2. arguments regarding the applicant's service history and rights under current regulations. (Para 3 , 4) |
| 3. court’s evaluation of past service applicability under existing rules. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. final ruling on non-entitlement to past service counts towards benefit schemes. (Para 11) |
| 5. conclusion sustaining prior administrative decisions. (Para 12) |
ORDER
Hon’ble Dr. Anand S. Khati, Member (A)
In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985 , the applicant has sought for the following reliefs:-
“(a) Set-aside/ quash the copy of order of respondents dated 16.10.2017 and dated 20.08.2018 (Annexure- A-1 (Colly)].
(b) Direct the respondents not to withdraw the benefit of 1st and 2nd financial upgradation granted to the applicant on under ACP/ MACP Scheme, as the applicant is entitled for 1st ACP/MACP since 2002 and 2nd ACP/MACP since 2008 in terms of order dt. 05.3.2013.
(c) Direct the respondents to make the arrears as granted to other similarly situated with interest.
(d) Pass any other order(s) which this Hon'ble Tribunal may deem fit and proper in the interest of justice.”
2. Brief facts of the case as narrated by the learned counsel for the applicant are:
2.1 The applicant was initially appointed in National Projects Constructions Corporation Limited, a Govt. of India Enterprise as Junior Stenographer-cum-typist-cum-clerk. Subsequently, she joined National Water Development Agency (NWDA), i.e. the respondent No.2 herein, as Stenographer Grade III on transfer cum absorption basis on 01.12.1998 pursuant to NWDA’s OM No.5/174/98-Admn. dated 16.10.1998 and permanently absorbed in NWDA w.e.f. 18.11.2000 in terms of OM No. 5/174/98-Admn. dated 15.02.2000.
2.2 Pursuant to the DoPT OM dated 19.05.2009 and clarifications issued from time to time, the respondents accorded 1st financial upgradation in the pre-revised scale of Rs.5000-150-8000 w.e.f. 11.05.2002 and 2nd financial upgradation under MACP Scheme in PB- 2 of Rs.9300-34800 with Grade Pay Rs. 4200/- w.e.f. 11.05.2010 to the applicant, vide order dated 05.03.2013. However, vide OM dated 14.10.2013 issued regarding release of arrears due to grant of ACP Scheme and MACP Scheme, it was stated as under:
“With reference to representation dated 1.10.2013 on the above mentioned subject, Smt. Sangita Mehrotra, Stenographer Gr-III is informed that there is an Audit Objection about the pay fixations on grant of ACP/MACP in respect of employees from CCI and NPCC who were absorbed in NWDA and the same is still pending. Due to non-clearance of Audit Objection, the arrear payment has been stopped to her.
Further, correctness of allowing ACP/MACP benefits to the above incumbents has raised questions from Director (Fin.) and audit from MOWR and the matter may be taken up with DoPT for their opinion. Till the matter is cleared, the arrear payment on account of grant of ACP/MACP to Smt. Sangita Mehrotra can not be released.”
2.3 Thereafter, vide OM dated 16.10.2017, the respondents withdrew ACP/MACP benefits granted vide orders dated 05.03.2013 and 26.03.2013; and intimated the applicant that her service for grant of the benefits of the Scheme shall be considered w.e.f. 18.11.2000 and the recoveries on account of withdrawal of said benefits will be effective immediately as per rules, with liberty to represent within 7 working days.
2.4 The applicant gave a detailed reply on 03.11.2017 to the OM dated 16.10.2017. She also preferred representations dated 20.12.2017 and 27.08.2018, but the respondents issued the impugned order dated 20.08.2018 without giving an opportunity to her.
3. The learned counsel for the applicant argued that firstly, the applicant joined NWDA on transfer cum absorption basis through proper channel after qualifying the skill-test and personality test carrying same pay scale of Rs.4000-100-6000 (Replacement Scale CDA Pattern) from
