CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH CITCUIT SITTING AT VIJAYAWADA OA/20/1262/2018 th Dated, this the 20 day of March, 2025 Hon’ble Dr. Lata Baswaraj Patne, Judicial Member Hon’ble Mrs. Shalini Misra, Administrative Member Sanker Pattnaik, EDP No.8315, S/o. Narendra Mohan Pattanaik, Aged 55 years, Occ: CMD(SG), R/o. D.No.61-4-45/C, Malkapuram, Venkannapalem (PO), Visakhapatnam – 530 011.

....Applicant (By Advocate : Mrs. Anita Swain)

Vs.

1. The Union of India rep by its Secretary, Ministry of Defence, South Block, New Delhi – 110 011.

2. The Chief of Naval Staff, Integrated Head Quarter, Sena Bhavan, South Block, New Delhi – 110 011.

3. Flag-Officer, Commanding-in-Chief (For CCPO), Head Quarter, Eastern Naval Command, Naval Base, Visakhapatnam.

4. The Officer-in-Charge, Naval Coast Battery, Visakhapatnam.

5. G.C. Behera, Aged 54 years, CMD-(SG), O/o NAD (Sunabeda), District Koraput, Orissa – 763 004.

6. P. Kuldeep, Aged 56 years, NAD (Sunabeda), District Koraput, Orissa – 763 004.

.... Respondents (By Advocate: Mrs. B. Gayatri Varma, Sr. CGSC)

ORAL ORDER (As per Hon’bleDr. LataBaswarajPatne, Judicial Member)

By this Original Application, the applicant is praying for the following relief:

“……….to call for service record of the applicant and declare the inaction of official respondents not granting him the pay scale Rs.4500-7000 with effect from 8.11.1996 as per the promotion order dated 14.5.2003, CE/2002/02/CMD/1/1 instead of 2003 on contrary placing the juniors in the promotional pay scale w.e.f. 8.11.1996 and declare the same as highly illegal, arbitrary, discriminatory, unjust and against the principles of natural justice and violation of Article 14, 16 & 21 of the Constitution of India, hence direct the official respondent to grant the pay scale of Rs.4500-7000 w.e.f 8.11.1996 instead of 2003 as per the promotion order, CE/2002/02/CMD/1/1 dated 14/5/2003 on par with his juniors with all consequential and attended benefits vis-à-vis to his junior Respondent No.6 and pass such other order or orders as deemed fit and proper in the circumstances of the case in the interest of justice.”

2. The brief facts of the case, according to the applicant, are that the applicant was appointed as Civilian Motor Driver-II on 27.1.1987 in the pay scale of Rs.950-1500/-. Subsequently, he was promoted to the post of CMD-I on 14.5.2003 in the pay scale of Rs.4500-7000 w.e.f. 8.11.1996. However, the promotion was give effect from 14.5.2003 instead of 8.11.1996. When he represented, he was told orally by the authority concerned that it was given effect to all from 2003 on the order received from the higher authorities.

3. It is further submitted by the applicant that in the year 2006, through seniority list, he came to know that his junior – Respondent No.5 herein was drawing more basic than him and the promotion of CMD-I was given effect to him from 8.11.1996. Hence, he submitted a representation on which, on 18.12.2009, the 3^rd respondent directed the 4^th respondent to place the case, being genuine, before the audit authority. The applicant was informed by the 3^rd respondent on 1.10.2010 that the audit authority refused to step up his pay on par with his junior and hence they sought clarification from the MOD, Navy on 16.8.2010, the reply for which is awaited. It is further contended by the applicant that till now nothing is done in his case whereas his junior’s case was taken into consideration and his pay scale was fixed from 8.11.2011 by the 3^rd respondent. The applicant submitted a representation on 28.10.2018 but till now no action has been taken on the said representation.

4. After issuance of notice, the respondents filed a detailed reply statement and opposed the relief sought in the O.A. It is submitted in the reply that as per Recruitment Rules for the promotion from CMD (OG) to CMD-II, nine years regular service in the grade is required and for CMD-II to CMD-I, six years of regular service in the grade is required and also to pass depar