Central Administrative Tribunal Principal Bench, New Delhi Order reserved on: 04.02.2026 Order pronounced on: 20.02.2026 Hon’ble Dr. Chhabilendra Roul, Member (A)

Hon’ble Sh. Rajveer Singh Verma, Member (J)

Sidh Raj Singh s/o Sh. Lal Singh, aged 60 Retd. Plumber, c/o House No.4, Gali No.1 Karkardooma village, Delhi-110092.

...Applicant (By Advocate: Mr. Manoj Joshi)

Versus

1. Director General (Works) CPWD, Nirman Bhawan, New Delhi (under M/o Urban Development)

2. Executive Engineer FCD-1, CPWD, Faridabad.

3. Pay and Accounts Office (Food Zone)

CPWD, 4th floor, ‘A’ Wing, IP Bhawan, New Delhi-110002.

... Respondents (By Advocate: Mr. Gyanendra Singh)

ORDER By Dr. Chhabilendra Roul, Member (A)

Present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“i. allow the present application;

ii to set aside the letter dated 7.4.2015 and 21.5.2015 issued by the Respondent No.3 vide which the applicant was erroneously denied benefits under 3rd MACP Scheme.

iii. to direct the Respondents to disburse the pension amount as calculated while giving benefits of 3rd MACP Scheme on grade pay of Rs.4200 without any deduction.

iv. Pass such other and further orders, which this Hon’ble Tribunal may deem fit and proper, in the facts and circumstances of case.” 2. Factual Matrix

2.1 Present applicant joined the respondents as a Plumber on daily wages on muster roll on 19.09.1980. His service was regularized on the post of Plumber w.e.f. 11.08.1986. After completion of 8 years of service, the applicant was granted selection grade w.e.f. 11.08.1994. Thereafter, the respondents granted the applicant 2nd MACP w.e.f. 01.09.2008 in pursuance of DOP&T OM dated 19.05.2009. Vide order dated 10.12.2014 he was granted 3rd MACP w.e.f. 11.08.2014. The applicant retired on 31.01.2015. When the pension case of the applicant was sent to Pay and Accounts Office (PAO), Food Zone, the PAO vide order dated 07.04.2015 held that the applicant is not eligible for 3rd MACP which becomes due on 11.08.2016, i.e. the date of completion of 30 years of service from the date of initial appointment. Further, he has also not completed 10 years service in the GP of Rs.2800/- w.e.f. 01.09.2008. Thereafter the PAO also wrote a letter dated 21.05.2015 to the Executive Engineer of CPWD to refix his pay and resubmit the same. Being aggrieved applicant has filed the present OA seeking aforementioned relief.

3. Notices were issued to the respondents and they have filed their counter reply, to which the applicant has also filed his rejoinder.

4. Submissions by Learned Counsel for the Applicant

4.1 Learned counsel for applicant relies upon the DOP&T OM dated 19.05.2009 vide which the MACP Scheme was introduced by Government of India and subsequent clarification given by the Dy. Director (Admn)-IV, CPWD vide their letter dated 01.07.2016 (Annexure R-1) attached to the rejoinder. The letter dated 01.07.2016 is reproduced below:

“Subject : Clarification regarding grant of 3rd MACP after

28/30 years.

Sir, I am directed to refer to your letter No.Pr.A.O./UD/T&C/DGW/MACP/5049-50 dt. 11-05- 2016 on the subject cited above and to say that as per the DOPT's 0.M. No. 35034/3/2008-Estt(D) dated 19th May 2009 (copy enclosed), it is clearly explained vide their illustration at Sl.No.28 A(i) &(ii) that in case an official, example given is that of an LDC gets his 1st promotion after 8 years of service and continues in the same promoted grade for 10 years he would be eligible for 2nd financial upgradation after 18 years i.e. (8+10) years.

2. Similarly in the case of CPWD workers getting selection grade on completion of 8 years they are entitled for next 2nd financial upgradation after 18 years and 3rd after 28 years. Order of this Directorate dated 12-07-2012 has been issued to cłear the issue.

3. For all other case of MACP DOPT's 0.M. No. 35034/3/2008/Estt.(D) dated 19-05-2009 is to be followed.”

4.2 Learned counsel for applicant further refers to the illu