Cadre restructuring placement of Highly Skilled Workers from GP Rs.2400 to Rs.2800 held as fitment, not promotion; entitles MACP upgradation to GP Rs.4200; parity mandated for similarly situated employees.

Reserved on 10.02.2026.

CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH ALLAHABAD This is the 13^th day of February, 2026.

Original Application No. 330/00685 of 2014 HON’BLE MR JUSTICE OM PRAKASH -VII, MEMBER (J)

HON’BLE MR. MOHAN PYARE, MEMBER (A)

1. Parachute Factory Employees Union, Kanpur a Trade Union, registered under the Trade Unions Act, 1926 represented by its General Secretary Sunil Kumar Sahu S/o Sri Kalicharan resident of MI 342 Barra –II, Sabji Mandi Kanpur, PIN

208027.

2. Rajeev Kumar Parashar S/o Ram Sanehi Lal Parashar resident of B-4/101/Type – II New Defence Colony, G.T. Road, Kanpur PIN 208013.

.Applicants By Adv : Shri S.J Ishtiaque V E R S U S

1. Union of India through the Secretary, Ministry of Defence, Department of Defence Production & Supplies, Government of India, New Delhi.

2. Directorate of Ordnance (Coordination & Services) Kalkata MANISH KUMAR SRIVASTAVA 10, A, Shaheed Khudi Ram Bose Road, Kalkata.

3. The General Manager, Ordnance Parachute Factory, Napiar Road, Cantt, Kanpur Nagar.

4. The Secretary Ministry of Personnel, Public Grievances &

Pensions Department of Personnel & Training, North Block, New Delhi 110001.

5. Chairman & Managing Director, Gliders India Limited, Kanpur.

. . . Respondents By Adv: Shri Arvind Singh (O R D E R)

BY JUSTICE OM PRAKASH -VII, MEMBER (J)

The present O.A has been filed by the applicant under section

19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-

(i) This Hon’ble Tribunal may graciously be pleased to quash the orders dated 20.06.2011 and 01.12.2010 and pass same order which is passed in similar circumstances in OA No. 1401 of 2012 on

30.8.2013.

(ii) This Hon’ble Tribunal may graciously be pleased to direct to the respondents to give all consequential benefits to the applicants on the basis of aforesaid direction.

(iii) To pass any order which this Hon’ble Tribunal deems fit under the circumstances of the case.

(iv) To award cost in favour of the applicant”.

2. The brief facts of the OA are as follows:-

Applicant No.1 is a registered Trade Union under the Trade Unions Act, 1926, and Applicant No.2 is an office bearer of the Union and one of the affected employees, on whose behalf the present Original Application has been filed. The cadre of Artisan staff in Defence Establishments was restructured with effect from MANISH KUMAR SRIVASTAVA

01.01.2006 by order of the Hon’ble President of India. As a one- time measure, employees were placed in higher grades without any trade test. Later, by letters dated 01.12.2010 and 20.06.2011, the respondents treated the placement of Highly Skilled Workers from Grade Pay Rs.2400 to Rs2800 as a promotion and, on that basis, denied them financial upgradation under the ACP/MACP Scheme.

In similar circumstances, the CAT, Hyderabad Bench, held that such placement on restructuring is not a promotion and employees are entitled to financial upgradation. This view was upheld by the Hon’ble High Court and finally by the Hon’ble Supreme Court. Following the same principle, the CAT, Principal Bench in OA No. 4101/2012 quashed the letters dated 01.12.2010 and 20.06.2011 and held that Highly Skilled Workers in Grade Pay Rs.2400/2800 are entitled to Grade Pay Rs.4200 on second financial upgradation under the MACP Scheme. Despite this clear judgment, the respondents did not grant the benefit to the applicants. Therefore, the present Original Application has been filed.

3. Per contra, the respondents have filed a counter affidavit stating therein that as per Ministry of Defence letters dated 01.12.2010 and 20.06.2011, issued in consultation with the Department of Personnel & Training (DoPT), the placement of 50% of the existing Highly Skill