CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH Dated, the 8^th day of December, Two Thousand Twenty Five CORAM :

HON’BLE MR.M.SWAMINATHAN, MEMBER (J)

&

HON’BLE MR.M.L.SRIVASTAVA, MEMBER (A)

A. Martin Son of C. Arulappan, No.5, Indra Nagar, (near Metro water)

Selai Road, Thirivallur - 602 001. ...Deceased

1.Shanti (wife of Deceased)

2. Anthony David M (Son of Deceased), (Impleaded as per order dated 03.02.2025 in MA. No: 56 of 2025) … Applicants By Advocate M/s Menon, Karthik, Mukundan & Neelakantan Vs.

1. The Union of India, Rep by the Chief General Manager Heavy Vehicles Factory (Unit of Armoured Vehicles Nigam Ltd)

Avadi, Chennai – 600 054.

2. The Director General Ordnance, Directorate of Ordnance (C&S)

10A, S.K. Bose Road, Kolkota - 700 001.

3. The Director General Directorate of Ordnance (C&S) Field Unit Avadi, HVF Campus, Avadi, Chennai - 600 054. … Respondents.

By Advocate .. Mrs.K.M.Valsala Kumari

ORDER

(Pronounced by Hon'ble Mr.M.L.SRIVASTAVA, Member(A)) The applicant A.Martin has filed the present OA under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

“(1) To set aside Factory Order No. 1166 dated 28.04.2023 issued by the 1st Respondent; and (ii) To set aside Order No. 0906/LB/DG/2024 dated

12.04.2024 by the 1st Respondent and (iii) consequently direct the Respondents to restore the pay drawn by him prior to the issuance of the impugned order dated 28.4.2023 and (iv)further revise his entitlement towards terminal benefits and monthly pension and disburse the arrears of such revised terminal benefits and (v) further direct the Respondent to release the withheld amount towards his balance of gratuity and leave encashment, CGEGIS with interest at the rate of 18% per annum from the date of his retirement namely 31.05.2023 with all other attended benefits and pass such further or other orders as may be deemed fit and proper.”

2. The brief facts of this case as stated by the applicant are as follows:

2.1 The Applicant was appointed in Heavy Vehicles Factory, Avadi, Chennai as Labourer (Un-Skilled) on 05/01/83 in the scale of Rs. 196- 232 (6th CPC - GP 1800). He was promoted as Labour Semiskilled in Rs 2650-4000 (6th CPC - GP 1800). Later he was re-categorised as OMHE Semi skilled in Rs 2650-4000 (6th CPC GP 1800) and granted 2nd financial upgradation under the Assured Career Progression (ACP) scheme w.e.f 05/01/2007 in scale Rs 3050-4590 (6th CPC - GP 1900). He got promotion to the post of OMHE-Skilled in the scale Rs 3050- 4590 (6th CPC - GP 1900)w.e.f 02/05/2008. The Applicant completed

24 years of service on 05/01/2007 when he was in the post of OMHE Semi Skilled Rs 2650-4000 (6th CPC - GP 1800). Hence he was granted 2nd financial upgradation under ACP in next pay scale Rs 3050-4590 (GP 1900) w.e.f 05/01/2007. Later he was promoted to OMHE-Skilled in pay scale Rs 3050-4590 w.e.f 02/05/2008. Consequent to the Ministry of Defence letter No.11(5)99-D (Civ 1) Dt:30/10/2001 clarifying that the Semi-Skilled grade may be viewed as a trainee scale and such placement in the Skilled grade may not be treated as promotion/upgradation and may not offset against entitlement under ACP Scheme. As per ACP Scheme, ACP can be given only after following promotional norms, i.e., the Semi-Skilled Industrial employees on completion of 12/24 years has to pass the trade test for Highly Skilled Rs.4000-6000 (2400 GP). However only Skilled employees are eligible for the Highly Skilled trade test. Accordingly the Semi-Skilled employees on completion of 12/24 years are trade tested for Skilled grade 3050-4000 (GP 1900) and when they are promoted/placed in Skilled Grade after completion of training period of 3 years, they are trade tested for Highly-Skilled Rs.4000- 6000 (GP 2400) and on passing the trade test ACP is granted in Rs.4000-6000 (GP 2400) w.e.f the date of completion of 12/24 years. Accordingly, the applicant's 2nd ACP benefit was revised in pay scale Rs 4000-6000 (GP 2400) w.e.f 05/01/2007 after he passed the Trade test