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2026 Supreme(Online)(CAT) 3912
CENTRAL ADMINISTRATIVE TRIBUNAL
Chhabilendra Roul, Member (A), Rajveer Singh Verma, Member (J)
Sohan Bir Singh – Appellant
Versus
Union of India – Respondent
OA No.3033/2024|OA No.1255/2025|OA No.3454/2024|OA No.3455/2024|OA No.4641/2024|OA No.3403/2024|OA No.3456/2024|OA No.22/2025|OA No.44/2025
For the Appellants/Petitioners: Mr. Jagmohan Sharma
For the Respondents: Mr. R.K.Jain
Pre-1994 service not countable for ACP/MACP due to unchallenged retrospective RR amendments treating entry as direct recruitment; no pay parity without identical rules/duties across organizations.
Headnote:The applicants, non-matriculate drivers in Aviation Research Centre (ARC), challenged orders rejecting their representations for counting pre-1994 service as Field Assistants towards Assured Career Progression (ACP) and Modified ACP (MACP) benefits, citing parity with Research and Analysis Wing (RAW) employees per One-Man Committee report and Administrative Tribunals Act, 1985 S.19. Facts involve retrospective RR amendments in 2004 treating SFA(MT) entry as direct recruitment from 1994, denying prior service for ACP/MACP while allowing for pension. Court found no challenge to RR amendments, distinct RR/duties between ARC/RAW, and prior anomaly committees' rejection. Issues framed: Whether pre-1994 service counts for ACP/MACP given RR amendments and lack of parity with RAW. Ratio: Mere designation similarity insufficient for pay parity without identical RR, qualifications, duties; judicial restraint on pay fixation per executive/Pay Commissions; no hostile discrimination proven, referencing precedents on equal pay limits. All OAs dismissed devoid of merit; pending MAs disposed; no costs.
| Table of Content |
|---|
| 1. lead case consolidation for common disposal. (Para 1) |
| 2. pre-1994 service as fa(driver); retrospective rr amendment to direct recruitment. (Para 2) |
| 3. claim parity with raw via one-man committee; equal pay precedents. (Para 4) |
| 4. distinct rr/duties arc vs raw; unchallenged amendments bind acp/macp. (Para 5) |
| 5. no parity sans identical conditions; judicial restraint on pay fixation. (Para 6) |
| 6. oas dismissed; approach anomaly committees. (Para 7 , 8 , 9 , 10) |
ORDER
By Dr. Chhabilendra Roul, Member (A)
1. Learned counsels for both the parties agreed on 11.03.2026 that the subject matter of OA No.3033/2024 is exactly the same as the subject matters in all other 7 OAs. They agreed that OA No.3033/2024 should be taken as the lead case. Hence, the pleadings, arguments and averments in OA No.3033/2024 are taken for the sake of brevity. Accordingly, all the OAs are disposed of by this common order.
1.1 The present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
“i. Declare the orders dated 31st Aug. 2016 as illegal, arbitrary, discriminatory, and quash and set aside the Order dated 31st Aug., 2016 passed by the Respondents wherein the Respondents effectively rejected the representation and grievances of the Applicant re. to. implementation of the report of One-Man Committee and grant of first ACP w.e.f. 2000 and 2nd and 3rd MACP w.e.f. 2008 and 2018 respectively.
ii. Call the Original file(s), office record(s) of the service records of the Applicant as well as the report of the one- man committee and the decisions taken thereon, as well as the Notification dated 7.12.2004;
iii. Direct the Respondents to implement the One-man Committee Report w.e.f. 1986 and grant the financial benefit to the Applicant from 1988 (the date of joining the service) itself given to the Matriculate drivers and similarly placed employees, (Drivers of R&AW).
iv. Direct the respondents to implement the 4th Central Pay Commission Report w.e.f. 01.01.1986, ACP scheme and MACP scheme strictly and grant the ACP w.e.f. 2000, the 2nd MACPs w.e.f. 2008, and 3rd MACP from 2018 itself vis a vis the Applicant and grant him the consequential financial benefits thereof.
v. Direct the respondents to pay the interest @ 18% p.a. upon the amounts due.
vi. Direct the respondents to give other consequential reliefs.
vii. Award costs of this application and proceedings against the Respondents in favor of the applicant, and,
viii. Pass any further order(s), directions as may be deemed just and proper to meet the ends of justice.”
2. Factual Matrix
2.1 The present applicant was appointed as Field Assistant (Driver) (Non-matriculate), hereinafter referred to as FA (Driver), in the pay scale of 210-4-250-EB-5-270 (Non-Matric) w.e.f. 08.07.1988 with Aviation Research Centre (ARC).
2.2 Prior to 1988, there were no recruitment rules pertaining to MT Executive cadre. The Recruitment Rules for this cadre was notified on 01.06.1989. The respondents created six posts of SFA (Driver) vide order dated 15.05.1989 and six officials in the rank of FA (Driver) were promoted to the post of SFA (MT). Subsequently, a cadre review was held and vide order dated 19.08.1993, 79 posts of FA (MT) were abolished and 33 new posts of SFA (MT) were created. It was further mentioned in the said order that the existing non-metric FA (MT)s shall continue to draw the pay scale of Rs.825-1250 on personal basis till the posts were vacated by them for whatsoever reasons.
2.3 In pursuance of cadre review order dated 19.08.1993, the applicant Shri Sohan Bir Singh was promoted to the rank of SFA (MT) on ad hoc basis w.e.f. 1994. After issuance of amended recruitment rules (RRs) dated 03.06.1994 in respect of MT (Executive Cadre), the applicant was regularized on the post of SFA (MT) w.e.f. 03.06.1994. The RRs of 1989 issued on 01.06.1989 were further amended vide notification dated 07.12.2004, where for the words “on promotion”, was amended and
