Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 3660/2024 This the 12^th day of January, 2026 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Anand S Khati, Member (A)

Vijay Kumar S/o Late Shri Kidar Nath Age- 69 Years Group -A R/o A-80 Naraina Vihar, DDA Colony, New Delhi-110028 ...Applicant By Advocate(s): Applicant in person Versus Union of India Through its Secretary, Department of Atomic Energy, Branch Secretariat Room No-145A, 1st Floor, South Block, New Delhi- 110011 …Respondents By Advocate(s): Mr. S N Verma with Ms. Rinky Negi ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the instant O.A. the applicant has prayed for the following reliefs:-

“a. To quash and set aside the DAE order dated

02.08.2024, b. To direct the respondents for pay fixation order is requested to the revised from 01.01.2006. the applicant pay may also be fixed in Grade Pay of Rs. 4,600 due on 01-01-2006 may be given to him, and the first financial upgradation in Grade Pay of Rs. 4,800 may be given from 1-9-2008 and the second financial upgradation in Grade Pay of Rs.5400 may be given from 16.12.2008 under MACP Scheme as ordered in T.P.Leena case. Accordingly, revised pay orders are requested to be issued.

c. To grant the benefit of fixation of pay at the time of promotion on 25.03.2011 as Assistant Director (OL) and revised pay option may be obtained from the applicant.

d. To grant all the consequential benefits to the applicant after fixation of pay/pension with arrears and interest.

e. To award the cost of litigation in favor of the applicant. f. Any other relief which the Hon'ble Tribunal may deem fit and proper in the interest of justice.”

2. The case of the applicant is based on the decision rendered by the Chennai Bench of this Tribunal at Chennai in O.A. no. 310/00878/2016 decided on 21.06.2024 in the matter of Shyamala Bhaskar Vs. Union of India and Ors.

3. The applicant who appears in person seeks to SHILPI GUPTA

challenge the order dated 02.08.2024. The said order

reads as under:-

“Sub: Request for refixatian of Pay under ACP / MACPS

Scheme

Shri Vijay Kumar, Ex-Assistant Director (Official Language), DAE, rna y please refer to his email dated 17/06/2024 on the above subject. The matter has been re-examined the Department and it is stated that the ACP /MACP and pay fixation given to him is in order in line with DOPT Office Memorandum dated 19/05/2009 and hence his request cannot be acceded to, It is also informed that no further representation will be entertained on this matter, This is issued with the approval of the competent authority”

3.1. Applicant who appears in person also highlightes a comparative chart showing the status of Junior Hindi Translators appointment and ACP/MACP with reference to comparing his case to the case of Shyamala Bhaskar which reads as under:-

“Comparative Statement Showing the status of Junior Hindi Translators appointment, ACP/MACP

4,600) 4,800) 5,400)

PB2 *Pay scale of Junior Hindi Translator and Senior Hindi Translator were upgraded from Rs.5,000-8,000 to Rs. 5,500- 9,000 and Rs. 5,500-9,000 to Rs. 6,500-10,500 w.e.f 01/01/1996 on notional basis and actual monetary benefits w.e.f 11/02/2003. Accordingly, the pay of all above Junior Hindi Translators were updgraded accordingly.

1. Vijay Kumar was promoted as Assistant Director (OL) on 25/3/2011 but he was not given the benefit of pay fixation. As per DOPT order dates 19/05/2009 vide para 6.2 it has been clearly mentioned that incases where financial upgradation has been granted to government servant in the next higher scale in the hierarchy of their cadre as per the provision of ACP scheme of August 1999 but whereas a result of the implementation of 6th pay commission recommendation of next higher post in the hierarchy of the cadre has been upgraded by granting a higher grade pay, the pay of such employees in the revised pay structure will be fixed with reference to the higher grade granted to the post.

2. In Shymala Bhaskar case Hon'ble CAT Madras directe