Reserved on 29.01.2026 Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Miscellaneous Delay Condonation Application No. 571 of 2025 in Original Application No. 61/420/2025 Pronounced on :- This the 10th day of February 2026 Hon’ble Mr. Sanjeev Gupta, Judicial Member Hon’ble Ms. Pragya Sahay Saksena, Administrative Member

1. Subhash Chander, age 68 years, S/o Sh. Om Prakash, R/o Ward No. 6 , Kambal Danga, Udhampur.

2. Om Prakash, Age 68 years, S/o Sh. Dhani Ram, R/o Ward No. 2 Kawa Air Force ...Applicants (Through Advocate: Mr. Anuj Dewan Raina)

Versus

1. Union of India through Ministry of Defence, Government of India, South Block, New Delhi.

2. Engineer-in-Chief, Military Engineering Service, Ministry of Defence Headquarter, Kashmir House, Rajaji Marg, New Delhi.

3. Chief Engineer, Northern Command, CWE Udhampur Cant.

4. Commander Works Engineer (CWE), Military Engineer Services P.O. Garhi, Udhampur Cant.

5. Garrison Engineer (Utilities), Military Engineering Services, PO Garhi, Udhampur.

6. Garrison Engineer (Airforce), Air Force Station, Udhampur …Respondents (Through Advocate: Mr. Raghu Mehta, Sr. C.G.S.C.)

ARUN O R D E R Per:- Sanjeev Gupta, Judicial Member The present Original Application (in short O.A.) has been filed by the applicants-Subash Chander and Om Prakash, who retired from Military Engineering Services in the year 2016, being aggrieved of non revision of their pensionary benefits. The applicants seek a direction to respondents to grant 2nd ACP to the applicants in the pay scale of Rs. 5000-8000 on completion of 24 years of service with further revision of their pay w.e.f. 01.01.2006 in the pay scale of Rs. 9300-34800 + G.P. 4200/- and consequently they be granted benefit of 3rd MACP in the pay scale of Rs. 9300-34800 + GP Rs. 4600/- on completion of their 30 years of service or alternatively, as has been granted to one Sh. Girdhari Lal, (FGM, SK, MES No. 505439) performing the same duties of Motor Pump Attendant along with all consequential benefits like arrears of pay and allowances including revised pensionary benefits etc.

2. Since, there was delay in filing the instant O.A., the applicants filed M.A. No. 571 of 2025 seeking condonation of delay in filing the instant O.A.

3. Mr. Anuj Dewan Raina, learned counsel for the applicants stated that initially the applicants had approached this Tribunal by filing O.A. No. 132 of 2020 titled Om Prakash & others Vs. Union of India & others which was decided on 02.07.2020 with a direction to respondents to accord consideration to the claim of the applicants, however, the respondents rather than dealing with the issue have passed a speaking order dated 27.11.2020, whereby the respondents did not afford the aforesaid benefit on the ground that the applicants were engaged as Mazdoor not in the skilled grade i.e.

against the post of Motor Pump Attendant.

ARUN

4. Mr. Raina further submitted that even after passing of the speaking order dated 27.11.2020, the applicants kept on approaching the respondent’s authorities with the service book of other similarly situated persons who also performed the same duties, but were placed in the higher grade pay of Rs. 5000-8000 by considering their initial placement as Motor Pump Operators as skilled post, however, the respondents did not consider the fact that the applicants too had qualified the aforesaid post by passing the prescribed test. It is further stated that the applicants again approached this Tribunal in the year 2022 by filing petition bearing Diary No. 132/2022, which was consigned to records as the defects notified by the Registry were not removed. The applicants being senior citizens, could not meet their advocate Sh. K.B, Sharma at Chandigarh because of old age ailments and also due to the fact that applicants did not have sufficient means, as they, are surviving only on meagre pension. Lastly, it has been prayed that the Miscellaneous Application for condonation of delay may be allowed and the O.A