(Reserved on 19.02.2026)

Central Administrative Tribunal, Allahabad Bench, Allahabad This the _25^th day of _February, 2026 HON’BLE MR. RAJNISH KUMAR RAI, MEMBER-J.

HON’BLE MS. MANJU PANDEY, MEMBER-A.

Original Application No. 1602 of 2011 (U/S 19, Administrative Tribunal Act, 1985)

Pyare Lal, aged about 61 years, Son of late Chandu Ram, Resident of 59/1, Type-I, Ordnance Equipment Factory Hazratpur, Firozabad.

……….. Applicant.

By Advocate: Mr. S.K. Pandey.

Versus

1. Union of India through the Secretary, Ministry of Defence, (Production), Govt. of India, New Delhi.

2. Director General, Ordnance Factories, Ministry of Defence, Govt. of India, Ordnance Factories Board, 10-A, Shahid Khudi Ram Bose Road, Kolkata-1.

3. General Manager, Ordnance Equipment Factory, Hazratpur Tundla, Firozabad.

4. The Principal Controller Accounts Pension (P.C.D.A. (P)), Draupadi Ghat, Allahabad.

……….. Respondents By Advocate: Mr. Vidyapati Tripathi.

Order By Hon’ble Mr. Rajnish Kumar Rai, Member (Judicial)

The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 for treating 30 years 02 months and 06 days as qualifying service and to quash the impugned orders passed by the respondents vide which the period from 15.03.1986 to

29.04.1988 was declared as dies non, by praying for the following reliefs:-

“8.1 issue a writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 19.10.2011 (Annexure A-1) and 30.04.1988 (Annexure A-2) 06.04.2021 (Annexure A-2(A) as if the same was never in existence.

8.2 issue a writ, order or direction in the nature of MANDAMUS directing the respondents:-

(i) to treat the 30 years 2 months 6 days as qualifying services for the purposes of commutation of terminal benefits including leave encashment, gratuity, pension etc. and pay the arrears of difference.

(ii) to grant the Ist, IInd and IIIrd A.C.P. in the respective grades on completion of 12 years, 24 years and 30 years taking the initial date of appointment as 24.04.1981 with all consequential benefits.

8-(iii) “to allow 07 increments” to the applicant withheld in compliance of the judgment and order dated 10.03.1988 passed in O.A. No. 429/1987, with all consequential benefits.

(iv) to pay the interest @ 18% per annum from the due date till the date of actual payment for all the aforesaid payment due.

8.3 issue any other writ, order or direction which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.

8.4 The cost of the application may also be awarded in favour of the applicant.”

2. The brief facts of the case are that the applicant was initially appointed on 24.04.1981 as Medical Assistant and after attaining the age of superannuation, retired from service on 30.06.2011. According to the applicant, he completed 30 years 02 months and 06 days of service, whereas the respondents have treated his qualifying service as 28 years and 21 days after excluding the period treated as dies non. Consequently, according to him, he has been deprived of the benefit of 3rd MACP and other terminal benefits including leave encashment, gratuity and pension to the extent of his claimed qualifying service.

3. Earlier, on 15.03.1986, the applicant was removed from service after disciplinary proceedings. He challenged the same before this Tribunal by filing O.A. No. 429 of 1987, which was finally decided on 10.03.1988. The punishment of removal from service was substituted with reinstatement, with the observation that the applicant will not get any pay from the date of removal to the date of reinstatement and that his three future increments will be stopped permanently.

Thereafter, he was reinstated in service w.e.f. 30.04.1988.

4. The contention of the applicant is that the period from 15.03.1986 to 29.04.1988 was declared as dies non vide Office Order No. 663 dated 30.04.1988. According to him, the said order was never communicated to him and he continued to serve as Medical Assistant till his superannuation.