CENTRAL ADMINISTRATIVE TRIBUNAL CHENNAI BENCH Dated this the 6^th day of February, Two Thousand Twenty Six CORAM :

HON'BLE MR M. SWAMINATHAN. MEMBER (J)

AND HON'BLE MR. M.L. SRIVASTAVA MEMBER(A)

K. S. Gopal, Superintendent of Central Excise (Retd.)

No.12, Manimekalai Street, Ganapathy Nagar, Avaniapuram, Madurai. .. Applicant in OA No.1537/2016 M. Seethalakshmi Superintendent of Central Excise (Retd.), No.27, Dr. Radhakrishnan Street, Chekkanathapuram, Madurai. .. Applicant in OA No.1539/2016 V. Vaithehi.

Asst. Commissioner of Central Excise, 170, Kurinji Nagar, Aathikulam, Thiruvalluvar Street, Madurai. .. Applicant in OA No.1583/2016 M. Vijayaraghavan, Superintendent of Central Excise (Retd.), “Sree Sai Jothi” Plot No.51, Mullai Street, Karthik Nagar, P &T Nagar, Madurai. .. Applicant in OA No.1012/2016 OA No.1012/2016 By Advocate M/s. Thirumalai Rajagopal Vs.

1. Union of India rep by The secretary to Government, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs, North Block, New Delhi.

2. The Secretary to Government, Department of Personnel & Training, New Delhi

3. The Deputy Controller of Accounts, O/o the Principal Chief Controller of Accounts Central Board of Excise & Customs, New Delhi.

4. The Chief Commissioner of Central Excise, Chennai Zone, 26/1, M.G. Road, Chennai.

5. The Commissioner of Central Excise, Bibikulam, Madurai.

6. The Pay & Accounts Officer, Central Excise, 26/1, M.G. Road, Nungambakkam, Chennai.

7. The Pay & Accounts Officer, Central Excise Commissionerate, Bibikulam, Madurai .. Respondents in all the OAs By Advocate Mr. Sai Srujan Tayi

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member)

An identical relief prayed for in all these applications which is founded on similar facts and circumstances, these applications were heard together and are being disposed of by this common order.

The relief sought for by the applicants is as follows:

“(i) To call for the records pertaining to Diary note clarification in Dy.No.257/62460/US(D)2010, dated nd

21.07.2010 of the 2 respondent and set aside and quash the same;

th (ii) to quash and set aside the 4 respondent’s order in C.No.II/3/17/2010 CCA (Esst), dated 20.09.2010 rd rescinding the grant of 3 financial upgradation with Grade Pay of Rs.5400/- in PB-3 under MACP Scheme th (iii) to quash and set aside the 4 respondent’s impugned order in C.No.II/39/227/2012-CF CCA, dated 15.10.2013 order recovering (iv) to quash and set aside the impugned recovery dated passed vide C.No.II/24/10/2012 Ac-II, dated 02.12.2013 and 08.01.2014 and 05.11.2013 and th

15.12.2025 of the 5 respondent th rd (v) to direct the 4 respondent to restore the 3 financial upgradation with Grade Pay of Rs.5400 in PB-3 under MACP Scheme to the applicants as per the earlier order No.48/2010 in C.No.II/3/17/2010 CCA (Esst) dated 25.06.2010 (vi) consequently to direct the respondents to re-fix the applicantspayw.e.f.18.11.2008/06.09.2009/16.11.2008/ 01.09.2008 and to refund the arrears with 12% interest;

and (vii) to further direct the respondents to consequently pay the differential leave salary & gratuity and to rd revise the applicants pension after grant of 3 MACP and release all pecuniary benefits including arrears for the period with interest @ 12% per annum; and (viii) to award costs to the application and to pass such further or other orders as deem fit and proper in the circumstances of the case and thus render justice.

2. The facts leading to the filing of the OA are as follows:

The applicants in OA Nos. 1537, 1539, and 1012 of 2016 are retired Superintendents of Central Excise from the establishment of the 5th respondent. The applicant in OA No. 1583 of 2016 was serving as an Assistant Commissioner of Central Excise at the time of filing the Original Application. Pursuant to the implementation of the recommendations of the 6th Central Pay Commission, the applicants were initially placed in Pay Band–2 with Grade Pay of Rs. 4800/-. Subsequently, they were granted the revised