CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH, ERNAKULAM Original Application No. 180/00590/2024 th Wednesday, this the 17 day of December, 2025 CORAM:

Hon'ble Mr. Justice Sunil Thomas, Member (J)

Hon'ble Ms. V. Rama Mathew, Member (A)

T.K. Ramesh, aged 64 years, S/o. K. Kunjachan, Stenographer Grade I (Retd), O/o. the Chief Engineer (Naval Works), MES, Kataribagh, Naval Base PO, Kochi – 682 004, residing at 13-H, (CNRA 66), “Reshmitha”, Chaithanya Nagar Lane 7, Eroor, Tripunithura, Ernakulam-682 306. ..... Applicant (By Advocates: Mr. Shafik M. Abdul Khadir & Ms. Girija P.)

V e r s u s

1. Union of India, represented by the Secretary, Ministry of Defence, North Block, New Delhi.

2. Director General (Pers), Military Engineer Services, E-in-C’s Branch, Integrated HQ, Ministry of Defence, Kashmir House, DHQ PO, New Delhi 110 011.

3. The Chief Engineer, Military Engineering Service, HQ Southern Command, Pune -411 001.

4. The Chief Engineer (NW), MES, Naval Base PO, Kochi – 682 004. ..... Respondents (By Advocate : Mr. Sinu G. Nath, SPC)

This Original Application having been heard on 09.12.2025, the Tribunal on 17.12.2025 delivered the following:

O R D E R Per: Justice Sunil Thomas, Judicial Member –

The applicant, aggrieved by the refusal to grant him non-functional upgradation after completion of four years of service, in the Grade Pay of Rs. 4,800/- at the rate of Rs. 5,400/- with effect from 12.1.2016 has approached this Tribunal.

2. The applicant joined the service of the respondents as Stenographer Grade-III on 16.1.1982. After 12 years of service, he was granted the first ACP with effect from 9.8.1999 to the scale of pay of the next promotion grade with Grade Pay of Rs. 4,200/-. The 2^nd ACP was granted to him in Grade Pay of Rs. 4,600/- after 24 years of service. The 3^rd MACP was given to him with effect from 12.1.2012 in Grade Pay of Rs. 4,800/-, after completion of 30 years from the date of his joining the service. He retired on 31.5.2020. He claimed that he had worked in Grade Pay of Rs. 4,800/- for more than four years and hence, eligible for non-functional upgradation in Grade Pay of Rs. 5,400/- with effect from 12.1.2016. Representations were submitted by him which were not replied. He relied on various identical decisions of the Tribunals and the High Courts wherein identical claims are stated to have been granted by the Tribunals. Hence, the OA was filed. The relief sought are to declare that the applicant is also entitled for the benefits of Grade Pay of Rs. 5,400/- in PB-3 on non-functional basis after 4 years of service in the Grade Pay of Rs. 4,800/- in PB-2 and to direct the respondents to grant the benefit of Grade Pay of Rs. 5,400/- in PB-3 on non-functional basis after four years of service in the Grade Pay of Rs. 4,800/- in PB-2 with all consequential benefits with 12% interest due from the due date.

3. Respondents appeared and filed a detailed reply statement. It was contended in the reply statement that the applicant is not entitled to the benefit of Grade Pay of Rs. 5,400/-. The relief sought by him is applicable only to the office staff of Central Secretariat Service/Central Secretariat Stenographers Service or similarly placed HQ services. The office staff working in organizations outside the Secretariat, are covered by Annexure R1(a). It was further contended that the applicant has approached this Tribunal belatedly and that the decisions referred by the learned counsel for the applicant are in personam and hence, not applicable to the applicant. It was pleaded in the reply statement that unless the applicant is able to demonstrate as to how he is entitled for the claim with reference to the relevant provisions of law, he is not entitled to any relief.

4. Heard both sides and examined the records.

5. The learned ACGSC contended that there was considerable delay in approaching this Tribunal. It is pertinent to note that the applicant claims that he is entitled to the non-functional upgradation with effect from 12.1