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)

R.Mohan Rangaiah, No.3, Balaji Street, West Gandhi Nagar, Avadi, Chennai 600 054 … Applicant By Advocate M/s R.P.Vijaya Krishnan Vs.

1. Secretary to the Government of India, Department of Defense Production, Ministry of Defense, South Boack, New Delhi - 110 011

2. Principal Controller of Defense Accounts (Pensioners)

Drowpathi Ghat, Prayagraj, Uttar Pradesh - 2110014

3. Chairman and Managing Director, AVNL, HVF Road, Chennai - 600 054

4. Director General of Ordnance, Directorate of Ordnance (C&S), Ayudh Bhavan, 10 SK Bose Road, Kolkata - 700 061.

5. Chief General Manager, HVF, Avadi, Chennai - 600 054.

6. Deputy Director General, Defence Field Unit, DGO (C&S), HVF Avadi, Chennai - 600 054.

7. The Asst. Internal Audit Officer (Fys), Office of the Internal Audit Office, HVF, Avadi, Chennai - 600 054. … Respondents By Advocate .. Ms.R.M.Priyadarshini

ORDER

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

“(1) Call for records of the 5^th Respondent in Order dated 20.06.2023 having number 0906/LB/DG/2023 revising the pay of the Applicant between 01/01/2008 to 01/07/2021 and fixing his basic pay as 49,000/- and directing the Applicant to repay an amount of Rs.2,85,306/- quash the same, (2) Direct the Respondents to pay the Applicant a total of sum Rs.3,58,628/- which has been withheld by the Respondents under the name of recovery from his retirement benefits and his pension along with 12% interest from the date of the illegal withholding until filing of this Petition and (3) Direct the Respondent to pay interest pendente lite interest and future interest on the said sum of Rs.3,58,628/-

until the date of realization.

(4) Pass any other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances.”

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 a Washer-cum-Bearer in the scale of Rs. 196-232 (6th CPC - GP 1800) on 27/10/1981 and redesignated as Labourer (Un-Skilled) on 01/07/96 in the scale of Rs. 2550-3200 (6th CPC - GP 1800). He was granted 1^st ACP in the scale of Labour Semiskilled in Rs. 2650- 4000 (6th CPC - GP 1800 on 09.08.1999 and then promoted as Labour Semiskilled in Rs. 2650-4000 (6th CPC - GP 1800) on 23.05.2000. Later on 27.04.2005 he was redesignated as Blacksmith 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 27/10/2005 in scale Rs. 3050-4590 (6th CPC - GP 1900). He got promotion to the post of Blacksmith-Skilled in the scale Rs. 3050-4590 (6th CPC - GP 1900) w.e.f 09/05/2007. The Applicant completed 24 years of service on 27/10/2005 when he was in the post of Blacksmith 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 27/10/2005. Later he was promoted to Blacksmith-Skilled in pay scale Rs 3050-4590 w.e.f 09/05/2007. 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 3