2026 Supreme(Online)(CAT) 2137
CENTRAL ADMINISTRATIVE TRIBUNAL
T M Thomas – Appellant
Versus
Commerce – Respondent
O.A./131/2022
CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Original Application No.180/00131/2022 Thursday this the 19th day of February 2026 C O R A M :
HON'BLE Mr.JUSTICE K.HARIPAL, JUDICIAL MEMBER HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER T.M.Thomas, Aged 56 years, S/o.late Ouseph Mathew, Junior Hindi Translator, O/o.the Development Commissioner, Cochin Special Economic Zone, Kakkanad. Residing at Thaiyedail House, Vaikom P.O., Vaikom, Kottayam District. ...Applicant (By Advocates Mr.Shafik.M.Abdul Khadir)
v e r s u s
1. Union of India represented by the Secretary, Ministry of Commerce And Industry, New Delhi – 110 001.
2. The Under Secretary to Government of India, SEZ Section, Department of Commerce, Ministry of Commerce And Industry, New Delhi – 110 001.
3. The Development Commissioner, Cochin Special Economic Zone (CSEZ), Kakkanad, Cochin – 682 037. ...Respondents (By Advocate Mr.M.N.Manmadan, SCGSC)
This application having been heard on 21st January, 2026 the Tribunal on 19th February 2026 delivered the following :
O R D E R
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER This is the fourth round of litigation. The applicant commenced Government service as a Hindi Typist in the Ministry of Salt with effect from 26.08.1991. While so, he had joined Madras Export Processing Zone as Junior Hindi Translator on deputation with effect from 12.12.1994 and got regularized as such with effect from 01.11.1995. Thereafter he went on deputation to the office of the Official Liquidator, High Court of Kerala with effect from 01.08.1997 and again to the office of Income Tax with effect from 10.01.2001 as a Senior Hindi Translator. After the deputation period, he finally joined the office of the 3rd respondent on 12.01.2004 as Junior Hindi Translator and is continuing as such. It is submitted that he has been working in the said post for the last
17 years at the time of filing of the O.A.
2. The applicant had earlier filed O.A.No.953/2012 which the Division Bench of this Tribunal has referred along with another O.A.No.656/2012 to a Full Bench. The Full Bench of this Tribunal vide order dated 14.10.2013 has allowed the O.As without referring it back to the Division Bench specifically finding that Junior Hindi Translators in the Subordinate Offices of the Central Government are entitled to the Grade Pay of Rs.4600/- from 01.01.2006 on the basis of OM dated 13.11.2009. This order has been upheld by the Hon'ble High Court in O.P.(CAT) No.142/2014 and further by the Hon'ble Supreme Court in SLP CC No.23053/2016. These are produced as Annexure A-7, Annexure A-8 and Annexure A-16 respectively. It may be noted that the Hon'ble High Court in its judgment dated 01.04.2015 allowed the prayer by directing the respondents to comply with the effective directions of the Tribunal and sanction and disburse all the monetary benefits flowing therefrom within three months from the date of production of the judgment. However, while the applicant was granted the Grade Pay of Rs.4600/-, he has an issue with the manner in which the ACP/MACP benefits had been fixed. His specific grievance is with regard to the clarification issued by Annexure A-1(2) wherein it has been stated as follows -
2. The observations/comments of DoPT are reiterated below for necessary action -
(i) Shri.T.M.Thomas, JHT had already rendered 12 years regular service as on 12.12.2006 counted from
12.12.1994, before introduction of MACP Scheme.
(ii) Hence, 1st MACP granted with effect from 01.09.2008 in GP Rs.4800/- was not in order as ACP Scheme was effective till 31.08.2008.
(iii) Shri.T.M.Thomas, JHT should have been considered for 1st ACP with effect from 12.12.2006 in the grade of Senior Hindi Translator (SHT) since SHT is the promotional post for JHT, provided he fulfilled other eligiblity norms for grant of financial upgradation under ACPS. The post of SHT is also in equivalent GP of Rs.4600/- (as per 6th CPC).
(iv) In view of (ii) above, grant of 2nd MACP with effect from 12.12.2014 in PB-2, GP Rs.540