CENTRAL ADMINISTRATIVE TRIBUNAL
117/2015
O.A./86/2015
CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No. 290/00086/2015 Pronounced on : 13.03.2026 Reserved on : 06.01.2026 CORAM HON’BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)
HON’BLE Dr AMIT SAHAI, MEMBER (A)
Prem Chand son of Shri Moda Ram, aged 55 years, Electrician HS-II in the office of Garrison Engineer (N), MES, Bikaner, r/o Near Bungalow No. 45, Near Police Line, Bikaner.
......Applicant By Advocate : Mr J.C. Singhvi.
Versus
1. Union of India through the Secretary, Government of India, Ministry of Defence, Raksha Bhawan, New Delhi.
2. Commander Works Engineer, Air Force, MES, Bikaner.
3. Garrison Engineer (N) Army, Bikaner ......Respondents By Advocate : Mr B.L. Bishnoi.
SUDES Digitaly signed by SUDESH SHAKHI DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=JODHPUR BENCH, Phone= a27c6e3b70871625348f2a3c0c55c745e5a53
9aa4870db2699074ca1c35d078c, H PostalCode=342006, S=Rajasthan, SERIALNUMBER=
F709B6DE94E2153CCFD55F34387F3BB78 ORDER Per : Hon’ble Mr Justice Rameshwar Vyas In the instant OA, the prayer of the applicant is to direct the respondents to grant him benefits of 3rd financial upgradation under Modified Career Progression Scheme (MACPS)
in the Grade Pay of Rs 2800/- w.e.f. 06.05.2011.
2.1 It is the case of the applicant that Shri Durga Dutt and Shri Om Prakash Sharma, both Electrician (SK) who are junior to the applicant, their pay has been fixed in the Grade Pay of Rs 2800/- as appears in Part-II order dated 14.07.2013 (Annex. A/1). Whereas, the applicant who is also Electrician SK, his pay has been fixed in the Grade Pay of Rs 2400/-.
2.2 As per the case of the applicant, he was appointed on the post of Mazdoor on 07.05.1981. The post of Mazdoor has been merged with Mate. Thereafter, he was granted promotion on the post of Electrician SK in the year 1997. It is the claim of the applicant that after completion of 30 years’ service on 06.05.2011, he is entitled to get 3rd financial upgradation under MACPS in the Grade Pay of Rs 2800/-. However, he has not been granted said benefit despite his best efforts and repeated requests and representations. Therefore, he is seeking direction against the respondents to grant him benefit of 3rd financial upgradation under MACPS in the Grade Pay of Rs 2800/- w.e.f.
06.05.2011.
2.3 As per reply filed by the respondents, comparison of the applicant with Durga Dutt and Om Prakash Sharma is misplaced.
SUDES Digitaly signed by SUDESH SHAKHI DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=JODHPUR BENCH, Phone= a27c6e3b70871625348f2a3c0c55c745e5a53
9aa4870db2699074ca1c35d078c, H PostalCode=342006, S=Rajasthan, SERIALNUMBER=
F709B6DE94E2153CCFD55F34387F3BB78 The applicant was promoted as Electrician SK in the year 1997 whereas Durga Dutt and OM Prakash Sharma were appointed as Electrician in the skilled category in the year 1987. It is the specific reply of the respondents that on completion of 30 years of service, the applicant has been granted benefit of 3rd financial upgradation under MACPS in the Grade Pay of Rs 2400/- w.e.f. 07.05.2011. Supported by the entries made in his service book produced before this bench, it is revealed that the applicant was granted 2nd financial upgradation under MACPS in the Grade Pay of Rs 2000/- w.e.f. 01.09.2008. The respondents denied that the applicant had ever made any representation seeking 3rd financial upgradation. He approached this tribunal without exhausting any remedy available to him under the departmental rules. Contradicting the claim of the applicant, the respondents prayed to dismiss the OA.
3. Heard learned counsel for the parties and perused the material available on record.
4. During arguments, learned counsel for the respondents submitted that the claim of the applicant is misconceived. He has already been granted 3rd financial upgradation under MACPS in the Grade Pay of Rs 2400/-. The comparison of the applicant with Durga Dutt and Om Prakash Sharma is misconceived. The applicant was appointed as Mazdoor in the year 1981 and p
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