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2026 Supreme(Online)(CAT) 1015
CENTRAL ADMINISTRATIVE TRIBUNAL
Sanjeev Gupta, Judicial Member, Pragya Sahay Saksena, Administrative Member
Manohar Lal – Appellant
Versus
Union of India – Respondent
Original Application No. 1317 of 2017|O.A. No. 65 of 2021|O.A. No. 66 of 2021|O.A. No. 67 of 2021|O.A. No. 68 of 2021|O.A. No. 69 of 2021|O.A. No. 1548 of 2021|O.A. No. 588 of 2021|O.A. No. 1177 of 2021
For the Appellants/Petitioners: Mr. Anil Mahajan
For the Respondents: Mr. Raghu Mehta, learned Sr. C.G.S.C.
MES industrial workers entitled to notional Highly Skilled Grade II pay scale w.e.f. 15.10.1984 on parity with benefited juniors under three-grade structure scheme, rejecting delay and eligibility denials absent DPC records.
Headnote:(A) Service Law - Military Engineering Services - Industrial workers - Promotion to Highly Skilled Grade II (Rs. 330-480) - Government orders dated 11.05.1983 and 15.10.1984 sanctioned three-grade structure (65% skilled Rs. 260-400, 20% HS Grade II Rs. 330-480, 15% HS Grade I Rs. 380-560) for removing stagnation without requiring trade test or 3 years service as one-time measure - Similarly placed juniors granted benefit notionally w.e.f. 15.10.1984 on parity following High Court judgments - Denial to seniors on grounds of delay, limitation, option under pay rules, and eligibility criteria rejected as juniors granted benefit without DPC records showing seniors unfit - Impugned rejection orders quashed; respondents directed to grant notional HS Grade II w.e.f. 15.10.1984 with arrears restricted to 3 years 2 months prior to filing if juniors benefited. (Paras 14, 19, 20, 23)
(B) Principles of Parity and Non-Discrimination - Cannot constitute class within class or deny seniors benefit granted to juniors under same scheme - Junior officers cannot withdraw approvals by seniors without higher concurrence - High Court directions to consider claims if similarly placed must establish difference with records like DPC, absent which parity applies. (Paras 20, 22)
Facts of the case:
Industrial workers in skilled grade (Rs. 260-400) in MES challenged rejection of promotion to HS Grade II (Rs. 330-480) w.e.f. 15.10.1984 despite juniors/similarly placed granted benefit following High Court judgments in writ petitions allowing parity and anomaly removal. Respondents rejected on delay, merit, and 65% quota; approvals in some cases withdrawn by juniors.
Findings of Court:
Impugned orders quashed; respondents to verify if juniors granted benefit and if so, extend notional HS Grade II pay scale w.e.f. 15.10.1984 to applicants with arrears for 3 years 2 months preceding filing, compliance within 3 months.
Issues: Whether applicants entitled to HS Grade II on parity with benefited juniors; validity of rejection on delay/limitation/merit; applicability of one-time scheme without trade test/3 years service.
Ratio Decidendi: Scheme mandated upgrading 20% skilled workers to HS Grade II without trade test/DPC as relaxation; absent records showing seniors unfit while juniors fit, parity mandates same benefit; delay not bar per High Court remand; juniors' grant precludes eligibility denial to seniors.
Result: Original Applications allowed.
| Table of Content |
|---|
| 1. listing applicants and respondents in consolidated oas. (Para 1 , 2 , 3 , 4 , 5) |
| 2. identical claims for hs grade ii promotion benefits. (Para 11 , 12) |
| 3. 1983-84 govt orders establishing three-grade structure. (Para 13 , 14 , 15) |
| 4. precedent judgments granting hs grade ii parity. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. oa-specific facts and impugned rejection orders. (Para 23 , 24 , 25) |
O R D E R
(Per: Mrs. Pragya Sahay Saksena, Administrative Member)
This order shall dispose of a bunch of O.A.’s as mentioned above which are filed to seek identical benefit of promotion to Highly Skilled Grade II (Rs. 330-480) category of industrial workers in a particular Commander Works Engineer (CWE) area of the Indian Army and Military Engineering Services (MES). There are two categories of the Government orders in the O.A.’s, which have been challenged. In the first category of cases, the promotion was denied to the applicants in the first instance. In the second category of cases, the Government approval was granted in the first instance and then withdrawn by a subsequent Government order. The O.A. No. 1317 of 2017, O.A. No. 65 of 2021, O.A. No. 67 of 2021, O.A. No. 68 of 2021, O.A. No. 69 of 2021 and O.A. No. 1548 of 2021 fall in the first category. The remaining OA’s i.e. O.A. No. 66 of 2021, O.A. 588 of 2021 and O.A. No. 1177 of 2021 fall in the secondcategory. The universal outcome in all these OAs is that pay and subsequently pension was not revised and arrear payments were not granted to the applicants.
2. The facts of the case as averred in the O.A. No. 1317 of 2017 and all the above mentioned OAs are that the applicants joined MES as Industrial workers in skilled grade in the pay scale of Rs. 260-400. The Government of India vide order dated 11.05.1983 granted sanction with regard to fitment of industrial workers in five scales. Vide order dated 15.10.1984, industrial workers were placed under three scales (i) Highly skilled grade I (Rs. 380-560-15%), (ii) Highly skilled grade II (Rs. 330-480-20%) and (iii) skilled grade (Rs. 260-400- 65%). Some similarly placed persons and juniors to the applicants approached High Court of Jammu and Kashmir and filed SWP(s) as per details below:-
(i) SWP No. 1440/2000 in the case of Manmohan Singh Bali Vs. Union of India (30 petitioners)
(ii) SWP No. 1441/2000 in the case of Jaswant Singh Vs. Union of India (23 petitioners)
(iii) SWP No. 1442/2000 in the case of Niranjan Singh Vs. Union of India (19 Petitioners)
(iv) SWP No. 1433/2000 in the case of Babu Ram Vs. Union of India (24 petitioners)
2.1 The writ petitions were allowed vide judgment dated 22.03.2004 by holding that the petitioners are entitled to pay scale of HS Grade II of Rs. 330-480 w.e.f. 15.10.1984 as per recommendation of Anomaly Committee and on the ground of parity with similarly situated persons. This order of the single judgment was confirmed by the Division Bench vide order dated 07.03.2013 by holding that the petitioners are entitled to pay scale of Rs. 330-480 w.e.f. 15.10.1984, however the arrears will be confined to three years and two months preceding the date of filing the writ petition.
2.2 Another SWP No. 400 of 2014 titled Ashok Raj and others Vs. Union of India was also disposed of vide order dated 24.02.2014. It is further averred in the O.A. No. 1317 of 2017 that the order of the Hon’ble High Court was implemented in terms of order dated 17.07.2014 passed by the office of Engineer-in-Chief Integrated HQ of MOD. The Engineer-in-chief accorded approval to grant benefit of Highly Skilled Grade II (pay scale of Rs. 330-480) w.e.f. 15.10.1984 or on the date of holding the appointment prior to merger as FGM whichever is later. It is further averred that the applicants also filed SWP No. 1010 of 2014 stating that their placement is similar to that of writ petitioners in SWP No. 1440-1443 of 2000 and SWP No. 400 of 2004 claiming benefit as per letter dated 15.10.1984 and allowed vide judgment of the Hon’ble High
