CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA OA/350/1554/2014 Date of Order: 12.12.2025 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member Pradip Kumar Majumdar & 16 Ors.

……..Applicants.

Vs.

1. Union of India through Secretary, Ministry of Defence, South Block, New Delhi 110011.

2. Controller General of Defence Accounts, Ulan Batar Road, Palam, Delhi Cantt 110010.

3. Principal Controller of Accounts (Factories), 10A, S.K. Bose Road, Kolkata 700 001.

4. Secretary, Government of India Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training, Sansad Marg, North Block, New Delhi 110001.

5. Sr. Accounts Officer (AN) 10A, S. K. Bose Road, Kolkata 700 001.

………….Respondents For the Applicant : Mr. C Sinha; Counsel For the Respondents : Mr. B B Chatterjee; Counsel

O R D E R (O R A L)

Per: Hon’ble Smt. Urmita Datta (Sen) (J):

1. Ld Counsel for both the parties are present.

2. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief(s):-

“a) Liberty be granted under Rule 4(5) (2) of CAT (Procedure) Rule 1987 to allow the applicants to file & maintain the original application jointly.

b) To set aside end quash Impugned Order No.1071/AN-III/MACP/SA-

CLK/Vol.VIII dated 17.09.2014 issued by Sr. Accounts Officer (AN).

c) To direct the respondents to grant financial upgradation under MACP Scheme in Grade Pay of Rs.4800 in the next hiearchy of post with all consequential benefits together with interest.

d) To direct the respondents to withdrew and cancel impugned Part II Office orders of indivieual applicants granting financial upgradation under MACP Scheme in GP of Rs.4600 and to issue fresh Part-II Office Orders granting financial upgradation under MACP Scheme in Grade Pay of Rs.4800 from the respective dates as due to the applicants.

e) To direct the respondents No.4 to amend and/or modify and/or make necessary addition regarding grent of financial upgradation under MACP Scheme as circulated vide Office Memorandum dated 19.05.2009 forthwith.

f) To direct the respondents to grant the benefit of Order passed in OA 1038/CH/2010, OA 904 of 2012 and CWP No.19387 of 2011 (O&M) and grant financial upgradation under MACP Scheme to the applicents in GP of Rs.4800 being similarly placed and similarly circumstanced.

g) Any other order or order(s) as the Hon 'ble Tribunal deems fit and proper.”

3. Ld Counsel for the applicants submits that the applicants while working as sr.

Auditors under Principal Control of Accounts (Factories) in pre-revised scale of Rs.5500-9000 the revised Pay Band being 9300-34800 with Grade Pay of Rs. 4200 were granted financial upgradation under the MACP Scheme in the Grade Pay of Rs. 4600, in the hierarchy of Grade Pay instead of in the hierarchy of post which gave rise to a grievance which was ventilated by the applicants in terms of representation submitted by them which was in-turn rejected vide impugned Order dated 17.09.2014. The issue regarding grant of financial upgradation in the hierarchy of post has been settled by Hon 'ble CAT Chandigarh Bench in OA 1038/CH/2010 which was affirmed by the Hon 'ble High Court of Punjab Heryana at Chandigarh in CWP No.19387 of 2011 (O&M). An SLP against the same was filed and the same was dismissed by the Hon'ble Apex Court. The applicants being similarly placed and similarly circumstanced are covered by the proposition put forward by the said judicial pronouncements and are entitled for Grade Pay of Rs.4800/-. Hence this O.A.

4. Ld Counsel for the respondents draws our attention to the Judgment dtd.

05.03.2020 passed by the Hon’ble Apex Court in the case of Union of India and Ors Vs. M.V. Mohanan Nair, in Civil Appeal No. 2016 of 2020 (arising out of SLP (C) No. 21803 of 2014) and submits that the applicants are not entitled to get the MACP benefit in the next promotional Pay Scale, however, they are entitled for the next higher