Reserved on 26.11.2025 CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD Original Application No.133 of 2013 Allahabad This The 14th Day of January, 2026 Present:

Hon'ble Mr. Justice Rajiv Joshi, Member-(Judicial)

Hon'ble Mr. Anjani Nandan Sharan, Member- (Administrative)

Hari Narain S/o Late Sri Ram Prasad, R/o 108, Lal Bihara, P.O. Bamrauli, District-Allahabad. . . . . . . . .Applicant By Advocate: Shri Mithilesh Kumar Tiwari Versus

1. The Engineer-in-Chief Branch, Army Head Quarter, New Delhi-110001

2. The Head Quarter, Chief Engineer, Central Command, Lucknow-20

3. The Garrison Engineer. (Air Force), Station-Bamrauli, Allahabad.

4. The Head Quarter, Commander Works Engineer, M.ES, Allahabad

5. The L.A.O. (B) Allahabad, Air Force, Bamrauli, Allahabad . . . . .Respondents By Advocate: Shri Rajini Kant Rai

ORDER

Delivered by Hon'ble Mr. Anjani Nandan Sharan, Member-(A)

Heard Shri Mithilesh Kumar Tiwari, learned counsel for the applicant and Shri Rajini Kant Rai, learned counsel for the respondents.

2. By way of this original application the applicant has sought the following reliefs:-

"(i) Issue a writ, order or direction in the nature of certiorann quashing the impugned order dated 01.06.2012 passed by the respondent no.3.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to make payment of arrears of salary to the applicant for the pay scale of Rs 3050-75-3950- 80-4590 of 2 ACP wef 09.08.1999 with interest @ 12% per annum till the receiving of the payment of the same by the applicant and also make payment of pensionary benefits (Pension and Gratuity etc) to the applicant for the post of FGM (SK) w.e.f. 01.12.2009 (date of retirement) onwards continuously along with the arrears of the pension with interest @ 12% per annum.

(iii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to make payment of arrears of leave encashment of the applicant for which he is entitled in accordance with law.

(iv) Issue such other and further appropriate writ, order or direction which this Tribunal may deem fit and proper under the facts and circumstances of the case (v) Award the cost of petition in favour of the applicant."

3. The brief facts of the case, as stated by the applicant in original application are that the applicant was appointed as a Chowkidar (GI) in MES on 01.01.1973 and was transferred to Air Force Station, Allahabad in 1977. After completing 16 and later 24 years of service, he became entitled to promotional pay scales and financial up gradations under the ACP Scheme, but these benefits were not granted to him on time despite his eligibility and despite passing the required trade tests in 2001 and 2006. Though recommendations were made by the Garrison Engineer and orders were issued granting 2nd ACP from 11.08.2006, the applicant claims he was actually entitled to the benefit from 09.08.1999 and was not paid arrears. He was retired in 2009 as a Chowkidar instead of a higher post, and his retiral benefits were also fixed accordingly. Other similarly placed employees were granted ACP benefits, but the applicant was allegedly denied the same arbitrarily. After repeated representations, in view of order dated 01.09.2010 passed by Hon’ble High Court of Allahabad, the applicant filed OA No.1901/2010 (Hari Narain Vs. the U.O.I. & ors.) which was disposed of on 22.12.2010 directing the respondent no.3 for payment of arrears of 2^nd ACP since 09.08.1999 with interest @ 12% per annum, the respondents passed an order dated 01.06.2012 rejecting his claim, which the applicant contends violates the Ministry of Defence clarification dated 04.01.2002. Therefore, having no other option, the applicant has filed this Original Application before the Tribunal for grant of proper pay scale, arrears, and retiral benefits.

4. In the counter affidavit filed on behalf of respondents it has been stated that the applicant was appointed as a Chowkidhar on 01.01.1973 and served at differe