CENTRAL ADMINISTRATIVE TRIBUNAL HYDERBAD BENCH CIRCUIT SITTING AT VIJAYAWADA OA/020/1250/2016 HYDERABAD, this the 18th day of February, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member

1. Remalli Sambasiva Rao, S/o. Late Sri Nageswara Rao, aged 53 years, T.No.8793K, Plater, R/o. D. No.58-26-11/1, Gavara Street, Butchiraju Palem, Gopalapatnam PO, Visakhapatnam-530 027.

2. Yennabathula Vijayaratnam, S/o. Late Sri Venkata Rao, aged 54 years, T.No.08794N, Plater, R/o. D. No. 16-32, MIG-II, 133, PM Palem, Visakhapatnam-530 041.

3. Saketi Hari Babu, S/o. Late Sri Ramurthy, aged 57 years, T.No.8822-A, Plater, R/o. D.No.57-28-12, Bhavani Gardens, IT Junction, Visakhapatnam-530007.

4. Anil Kumar Das, S/o. Late Sri GP Das, aged 53 years, T No. 8913, Plater, R/o. Qtrs No.Pushyami-5, Meghadripeta Colony, Visakhapatnam-530 008.

5. Nakka Rama Sarma, S/o. Late Sri Seshayya, aged 55 years, T. No.8914, Plater, R/o. D.No.65-1-422/D, Ajanta Colony, Near Coromandal Gate, Malkapuram, Visakhapatnam-530 011.

......Applicants.

(By Advocate: Dr. PB Vijay Kumar)

Vs.

1. The Union of India, Rep. by its Secretary Ministry of Defence, South Block, New Delhi.

2. The Chief of naval Staff, Naval Head Quarters South block, New Delhi.

3. The Flag officer commanding in Chief, HQ, Eastern Naval Command, Visakapatnam-14

4. The Admiral Superintendent, Naval Dock Yard, Visakhapatnam-14

5. The Additional Principal Controller of Defence Accounts C/o. Naval Dock Yard, Visakhapatnam-14.

... Respondents (By Advocate: Mr. K Ravi Krishnakanth, Addl. CGSC)

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ORAL ORDER (As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member)

By this Original Application, the applicant is seeking the following relief:

“This Hon'ble Tribunal may be pleased to declare the proceedings

no.PEP/3038/OA 731/15 of the 4th respondent in refusing to extend the Grade Pay & Pay Band in respect of 2d and 3rd MACP Scheme to the applicants on completion of 10 and 20 years respectively from 01-09-2008 and 01-12-2010 respectively together with interest and all arrears is arbitrary, illegal and violative of OM No.35034/3/2008-EStt. (D) dated 19-05-2009, Article 14 & 21 of the Constitution of India and consequently direct payment of the same together with interest and pass such other relief or reliefs as this honourable Tribunal

may deem fit just and necessary in the circumstances of the case.”

2. The brief facts of the case, as contended by the applicants, are that they were absorbed on 06-12-1986 as Plater in Skilled Grade after successful completion of apprenticeship in Naval Dock Yard Apprentice School, Visakhapatnam. Their pay was fixed at Rs.260-400 as per 3rd CPC. After qualifying the departmental examination, they were promoted to the grade of Highly Skilled Gr-II, w.e.f. 01-12- 1990 on completion of 3 years in terms of the then Recruitment Rules, which were in force. As per the recommendation of 5th CPC, Assured Career Progression (ACP) Scheme came into existence w.e.f. 09-08-1999, wherein up-gradation was due on completion of 24 years service. This ACP was replaced by MACP (Modified Assured Career Progression Scheme) by DoPT OM dated 19-05-2009. According to the said O.M., an employee is entitled to upgradations on completion of 10 years and 20 years. Now the applicants are due for their first upgradation on completion of 10 years or from the date of the Scheme, whichever is later. Since the scheme came into being on 01-09-2008, the applicants are entitled for the benefits from the said date. It is the contention of the applicants that they are entitled for 2nd MA