CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Friday this the 14^th day of November, 2025.

CORAM:

HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER Vidhya Ravindran, W/o Ravindran C.M., Stenographer II, Basic Sciences & Humanities, Indian Naval Academy, Ezhimala, Kannur – 670 310.

Permanent Address;

Kousthubham, Kallamvalli Road, Ezhilode (PO), Kunhimangalam (Via), Kannur, Kerala – 670 309. - Applicant [By Advocates:Mr. V.K. Sathyanathan, Mr. Vinod K.C. & Mr. Renju K.R. ]

V e r s u s

1. Union of India represented by Secretary to the Government of India, Ministry of Defence (Navy), New Delhi-110 001.

2. The Adjutant General, Integrated Headquarters, Ministry of Defence (Army), New Delhi – 110 011.

3. The Flag Officer Commanding- in- Chief, Southern Naval Command, Naval Base, Kochi – 682 004.

4. Commanding Officer, INS Zamorin, Ezhimala, Kannur Dt. Pin- 670 310. - Respondents [By Advocate: Mr. Sinu G. Nath ACGSC ]

The Original Application having been heard on 12.11.2025, the Tribunal on 14/11/2025 delivered the following:

O R D E R

Per: Mr. Braj Mohan Agrawal, Administrative Member The applicant is working as Stenographer-II under INS Zamorin, Kannur (Respondent No.4). She joined the Defence Service as Stenographer-III on 25.07.2003 at 47 Wing Air Force Station, Thanjavur. On completion of 10 years service she was granted 1^st MACP in the Grade Pay of Rs.2800/- w.e.f. 25.07.2013. In the year 2013, the applicant had applied for a posting/transfer on compassionate grounds to INS Zamorin. Accordingly, she was transferred and resumed duties at INS Zamorin in the same trade/grade as Stenographer-II w.e.f.

10.01.2014.

2. At the time of grant of 2^nd MACP, on completion of 20 years of service respondent No.3 has intimated respondent No.4 that on examination of the applicant's MACP proposal it was observed that she was drawing pay Level-5 and stated that her pay has to be reverted to Grade Pay of Rs.2400/- w.e.f. 10.01.2014 as she was transferred to INS Zamorin on compassionate grounds. The applicant has further submitted that the intimation letter issued by respondent No.3 vide Annexure A-6 regarding lowering of grade pay from Grade Pay Rs.2800/- to Grade Pay Rs.2400/- for the reasons cited that the applicant was transferred to INS Zamorin on compassionate grounds, does not hold any merits and it is illegal and violative of the existing MACP rules and CCS(RP) Rules 2008 which has to be followed during unilateral transfer.

3. Applicant submits that with regard to MACP Rules, it is pertinent to note that as per OM No.35034/3/2008-Estt(D) (VolII) dated 01.11.2010 issued by the Ministry of Personnel, Public Grievances and Pensions, DoPT has clarified that :

“In case of transfer including unilateral transfer on request regular service rendered in previous organization/office shall be counted along with the regular service in the new organisation/office for the purpose of getting financial upgradation under the MACP Scheme”

4. Applicant has further pleaded that various courts have also clearly clarified that pay includes grade pay also and granted relief to the aggrieved petitioners. To buttress this contention, applicant has placed reliance on the orders of this Tribunal in OA No.440/2012 dated 19.06.2015, OA No.205/2010 dated 21.10.2011 in OA No.461/2011 dated 25.11.2011 and also in OA No.859/2007 dated 09.02.2009 passed by CAT, Jabalpur bench on identical matters. In all these cases, it was held that the pay includes the grade pay and that the officer on unilateral transfer is entitled to get his pay protected.

5. Applicant has further cited Hon'ble Apex Court judgement in State of Punjab and ors. v. Rafiq Masih (White Washer) in 2015(4) SCC 334, wherein recoveries by the employers would be impermissible in law in five situations. The applicant has relied on situation (iii):-

'(iii) Recovery from employees, when the excess payment has been made for a period in exccess of five years, before the order of rec