CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Original Application No.180/00814/2019 Wednesday this the 17^th day of December 2025 C O R A M :

HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER T.K.Reghunathan (MES170349), Retired Executive Engineer (Quantity Survey and Contracts)(NFSG), of Military Engineering Services.

Residing at House No.43/180, “Kalyani” Aiswarya Lane, Elamkulam, Kaloor Post, Kochi – 682 017. ...Applicant (By Advocates Mr.T.C.Govindaswamy, Mrs.Kala.T.Gopi & Mr.Namadeva Prabhu.B)

v e r s u s

1. Union of India represented by the Secretary to the Government of India, Ministry of Defence, South Block, New Delhi – 110 011.

2. Ministry of Personnel and Public Grievances through its Secretary, Government of India, Department of Personnel & Training, North Block, New Delhi – 110 001.

3. Engineer-in-Chief, Army Headquarters, Kashmir House, DHQ P.O., New Delhi – 110 011.

4. The Director General (Personnel), Military Engineer Services, Engineer-in-Chief's Branch, Integrated HQ of MOD (Army), Army Headquarters, Kashmir House, DHQ P.O., New Delhi – 110 011. 5. The Chief Engineer (Navy), Military Engineer Services, Station Road, Vishakhapatnam – 530 004.

6. The Central Record Officer (Officers), Engineer-in-Chief's Branch, PIN No.900106 c/o.56 APO. ...Respondents (By Advocate Mr.C.Rajendran, SPC)

This application having been heard on 3^rd December, 2025 the Tribunal on 17^th December 2025 delivered the following :

O R D E R

HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER The facts of the case are as under – This O.A has been filed for grant of Non Functional Upgradations (NFU) in the Senior Time Scale (STS), Junior Administrative Grade (JAG) and Selection Grade which have been refused to the applicant vide letter dated 21.10.2019.

2. The applicant had superannuated from the service of the respondents on 31.05.2016 while working as Executive Engineer (Quantity Survey & Contracts) in the Non Functional Grade in Level 12 of the Pay Matrix. He joined service of the respondents on 27.01.1981 as a Surveyor Assistant Grade II, was promoted as Surveyor Assistant Grade I in 1986. On passing the final examination of the 'Institution of Surveyors (India)' on 'Building and Quantity Surveying' in the year 1986 he became entitled to be considered for promotion as an Assistant Surveyor of Works (re-designated as Assistant Executive Engineer (Quantity Survey & Contracts) during the year 1991 ie., on completing 5 years of service as Surveyor Assistant Grade I. However, inspite of the availability of vacancies, the applicant was not considered for promotion since the DPC has not been convened in time and persons in the zone of consideration were not being considered as per their eligibility. This issue was taken up in O.A.No.802/2001 and the same was allowed by order dated 10.04.2002. Consequently the applicant was promoted as Assistant Executive Engineer (Quantity Survey & Contracts) with effect from 23.06.2001 at par with his juniors as per order dated 13.06.2003. This is produced as Annexure A-2. His probation was also directed to be for a period of 2 years with effect from 23.06.2001 and was also declared. The inter-se seniority between promotee Assistant Executive Engineers and direct recruit Assistant Executive Engineers was finally resolved by All India Seniority List of Assistant Executive Engineers (QS&C) on 19.01.2011, which is produced as Annexure A-3. The applicant is placed at Sl.No.65. His date of seniority in the cadre of Assistant Executive Engineers is shown as 01.04.2001. The post of Assistant Execuitve Engineer (QS&C) is a Group 'A' post in the Junior Time Scale and the said cadre of Executive Engineers of the Military Engineering Services (MES) constitute an Organized Group 'A' service within the meaning of the term. It is submitted that the applicant was promoted as Executive Engineer (QS&C) in the Senior Time Scale of PB-3 with Grade Pay of Rs.6600/- as per order dated 16.05.2011