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2025 Supreme(Online)(CAT) 15849

CENTRAL ADMINISTRATIVE TRIBUNAL
M Vittal Rao – Appellant
Versus
Dept Of Posts – Respondent
O.A./1256/2016



CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH HYDERABAD, this the 3rd day of March, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mr. Varun Sindhu Kul Kaumudi, Administrative Member M. Vittal Rao, S/o. Late N. Madurai, Aged about 66 years, Occ: Retired Assistant Accounts Officer, O/o. Director of Accounts (Postal), A.P Circle, Dak Sadan, Abids, Hyderabad, Ko. H.No.19-134, Asaf Gramam, Irimulgherry Post, Secunderabad-5..

..... Applicant.

(By Advocate: Dr. A Raghu Kumar)

Vs.

1. The Union of India rep by its Secretary, Department of Posts, Dak Bhavan, Sansad Marg, New Delhi-1.

2. The Chief Postmaster General, Telangana Circle, Dak Sadan, Hyderabad - 1.

3. The Director of Accounts (Postal), A.P. Circle, Dak Sadan, Hyderabad -1.

... Respondents (By Advocate: Mrs. K Rajitha, Sr. PC for CG)

-----

Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU= KA RAN D P N P o h E O s o P t 5 n a A - e l 1 R C =

0 T o - M d 1 e 9 E = 3 N 5 1 T 0 S 0 O T 0 F 0 F 4 L P , O E L O R =H S R y O H d N e A N r C a E A b L a B d A H , N S A D = W T T A e R N la A n H IN g Y a IN D na G E , R , S A T B R A E D E , T = Page 1 of 6 cf00bb597b6051b5a127d240a608798336d0ecf5a9520b40169

89e62ec92ac4e, SERIALNUMBER=

ORAL ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member) By this Original Application, the applicant sought the following relief:

“This Hon'ble Tribunal may be pleased to call for the records pertaining to the 3rd respondent Lr.No.350/Admn-I/Legal/O.A1527 of 2015 dated 19.09.2016 rejecting the claim of the applicant for stepping up of pay instead of reconsidering his claim in pursuance of the orders of this Hon'ble Tribunal in OA No.1527/2015 on the guise of filing Writ Petition and 3rd respondent's Lr. No.383/Admn-I/Legal/O.A1527 of 2015 dated 04.10.2016 not acceding the claim of the applicant for stepping up of his pay on par with his junior contending that unless there is specific direction from the court the judgment need not be extended to similarly placed persons and as such the judgment dated 01.02.2013 in OA No.2124/2011 need not be extended to the applicant and quash and set aside the same as illegal, arbitrary, violative of Article 14 and 16 of the Constitution of India and rules on subject matter and is against the principles of natural justice and consequently declare that the applicant is entitled for the stepping up of pay on par with his junior Sri A.A. Aleem and the benefit of the judgment of Hon'ble Principle Bench O.A.No.2124/2011 in the interest of justice and be pleased to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.”

2. The brief facts of the case, as stated by the applicant, are that he initially joined in the office of the Director of Accounts (Postal) on 15.12.1969 as Lower Division Clerk. He was further promoted as Junior Accountant on 17.09.1976 and as Senior Accountant on 01.04.1987. He was further promoted on officiating basis as Assistant Account Officer on 01.07.2007 and on regular basis on 31.07.2009. The applicant was given financial upgradation under MACP (Modified Assured Career Progression Scheme) on completion of 30 years of regular service on 01.09.2008 and he retired on 31.05.2010 on superannuation. It is further submitted that Assured Career Progression Scheme (ACP) was introduced by the Govt. of India, on the basis of the recommendations of the VI Central Pay Commission vide the OM No.35034/1/97-Estt(D) dated 09.08.1999, which provided that the Government Servants stagnating without any regular promotion would be placed in the next hierarchical pay on completion of 12/24 years of service. The clause 8 of the Scheme provided as follows:

Digitaly signed by KARAN DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=

D P N o E O s P t 5 a A - l 1 R C 0 T o - M d 1 e 9 E = 3 N 5 1 T 0 S 0 O T 0 F 0 F 4 L P , O E L O R =H S R y O H d N e A N r C a E A b L a B d A H , N S A D = W T T A e R N la A n H IN g Y a IN D na

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