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2026 Supreme(Online)(CAT) 5017
CENTRAL ADMINISTRATIVE TRIBUNAL
Chhabilendra Roul, Member (A), Rajveer Singh Verma, Member (J)
Anup Kumar Sinha – Appellant
Versus
Union Of India – Respondent
O.A. No. 3190/2015
Important Points
Subject
Service Matters - MACP Scheme / Pay Fixation
Act Referred
Headnote
Facts of the case:
Applicants, industrial staff (Fitter, Machinist, etc.) in Ordnance Factory, Dehradun, were placed in MCM grade following a 2003 Presidential sanction. They were denied the benefit of 2nd financial upgradation under the MACP scheme, receiving only a 3% increment instead of the Grade Pay of Rs. 4600, despite completing 20 years of service.
Findings of Court:
Tribunal found that MCM placement lacks attributes of promotion as it involves no change in duties, responsibilities, or hierarchy. The denial of MACP benefits was arbitrary and discriminatory compared to similarly situated employees who received the Grade Pay of Rs. 4600.
Issues: Whether MCM grade placement constitutes a 'promotion' under the MACP Scheme and if denial of 2nd MACP Grade Pay of Rs. 4600 is arbitrary.
Ratio Decidendi: Placement in a grade as a financial incentive without changing duties or hierarchy does not constitute a promotion; therefore, employees remain eligible for MACP financial upgradations.
Result: Original Application allowed; impugned orders quashed; respondents directed to grant arrears and interest if delayed.
For the Appellants/Petitioners: Mr. Praveen Kumar Kaushik for Mr. M K Bhardwaj
For the Respondents: Mr. Vijendra Singh
| Table of Content |
|---|
| 1. applicants seek macp benefits citing incorrect denial of grade pay. (Para 1 , 1 , 2 , 3) |
| 2. mcm grade is a financial incentive, not a promotion. (Para 4 , 5 , 6 , 7 , 8) |
| 3. arbitrary denial of benefits violates principles of equality. (Para 9 , 10 , 11 , 12) |
| 4. court directs grant of pay benefits and arrears. (Para 13 , 14 , 15 , 16 , 17 , 18) |
1. Anup Kumar Sinha, MCM, Aged about 52 years, S / o
Sh. Anjani Kumar Sinha, R/O Doon Hills Colony, Ring
Road, Ladpur, Dehradun-248008,
2. Anil Kumar Virmani, MCM, Aged about 49 years, S/o Sh.
Radhe Krishan, R/o 275, Karan Pur, Old Dalan Wala,
Dehradun-248001
3. Ashok Goswami, MCM, Aged about 52 years, S / o Sh.
Prakash Goswami, R/o H. no. 117, Lane No. 7C, Garwali
Colony, Nehra Gram, Dehradun
4. Bhagwati Prasad Jakhmola, MCM, Aged about 49 years,
S/o Late Sh. M.D. Jakhmola, R/o VIII Kidduwala,
Raipur, Dehradun-248008 (UK).
5. Bhagwati Prasad, MCM, Aged about 49 Years, S/o Late
Sh. D.P. Thapliyal, R/o Type-III-149/4, OFD Estate,
Raipur, Dehradun-248008
6. Bijendra Singh, MCM, Aged about 51 years, S/o Late
Baroo Singh, R/o QA-68/4, OFD Estate, Raipur,
Dehradun-248008
7. Dharmender Kumar, MCM, Aged about 53 years, S/o Sh.
Data Ram, R/o Village Sunder Wala, Raipur, Dehradun 248008
8. Dilip Kumar Sharma, MCM, Aged about 50 years, S/o
Late Sh. Paras Nath Sharma, R/o New Colony
Ranjhawala, Raipur, Dehradun 248008.
9. Dinesh Giri, Chargeman, Aged about 54 years, S/o Late
Sh. Hoshiyar Singh, Vill-Aamwala Tarla, PO Nala Pani
Tapovan, Dehradun-248008
10. Gopal Krishan, MCM, Aged about 48 years, S/o
Late Sh. Vishan Dass, R/ o Uma Vihar, Sapt Rishi Road,
Raiwala, Dehradun-248008
11. Govind Singh, Chargeman Aged about 56 years,
S/o Late Sh. Munna Ram, R/o Vill. Dharmuchak,
Doiwala, Dehradun-248008
12. Hariom Yadav, MCM, Aged about 50 years, S/o Late
Sh. K.P. Yadav, R/o Harrawala, Sangam Vihar,
Dehradun-248008.
13. Hari Singh, Chargeman, Aged about 55 years, S/o
Late Sh. Puran Chand, R/o Vill. & PO Nathanpur,
Dehradun-248008
14. Ishwar Vardhan Singh, Chargeman, Aged about 55
years, S/o Late Sh. D.N. Singh, R/o C-22, Nehru Colony,
Dehradun-248008
15. Kamal Singh, MCM, Aged about 53 years, S/o Late
Sh. Shish Pal Singh, R/o QA-71/4, OFD Estate, Raipur,
Dehradun-248008.
16. Kamal Singh, MCM, Aged about 50 years, S/o Late
Sh. Chandan Singh, R/ o C-37/1, OFD Estate, Raipur,
Dehradun-248008
17. Kirpal Singh, MCM, Aged about 51 years, S/o Sh.
Balbir Singh, R/o C-8/6, Type-III, OFD Estate, Raipur,
Dehradun-248008
18. Manohar Lal, Chargeman, Aged about 56 years, S/o
Late Sh. Mahanand Sharma, R/o 410, Bankhandi Gram,
Rishikesh, Dehradun-248008.
19. Md. Shageer Khan, Chargeman, Aged about 55
years, S/o Late Sh. Abdul Shakoor, R/o Vill. & PO
Mothrowala, Near Panchayat Bhawan, Dehradun
248008.
20. Mohd. Tayab, MCM, Aged about 52 years, S/o Sh.
Ahmed Hussain, R/o C-29/1, New Type-III, OFD Estate,
Raipur, Dehradun-248008
21. Mohan Singh Rawat, MCM, Aged about 51 years,
S/o Late Sh. Amar Singh Rawat, R/ o Village Ladpur,
Near Shiv Temple, Raipur,Dehradun-248008.
22. Narender Singh Rawat, MCM, Aged about 49 years,
S/o Sh. Ram Singh Rawat, R/o Village Majri Mafi,
Mohkampur Kalan, PO IIP, Dehradun-248008
23. Pardeep Kumar, MCM Aged about 48 years, S/o
Late Sh. M.L. Aggarwal, R/o Manjhla Aamwala
(Khaddar), Dehradun-248008
24. Prodyut Kundu, MCM, Aged about 49 years, S/o
Late Sh. Anil Kundu, R/o Geet Kunj, 5 Ladpur, Raipur
Road, Dehradun-248008.
25. Puran Singh, MCM, Aged about 48 years, S/o Late
Sh. Pan Singh, R/o Pushp Vihar, Gujronwali Chowk,
Lane No. 7, Nathwawala, Dehradun 248008
26. Rajeev Kumar, MCM, Aged about 48 years, S/o Sh.
S.P. Khatri, R/o 6/2, General Wing, Prem Nagar,
Dehradun-248007.
27. Rajesh Kumar Bhatnagar, MCM, Aged about 48
years, S/o Sh. Raja Ram Bhatnagar, R/o Shiv Girdhar
Nikunj, Upper Adhoiwala, Sahastra Dhara Road,
Dehradun-248008
28. Rajpal Singh, MCM, Aged about 50 years, S/o Sh.
Ramji Lal, R/o C-3/1, OFD Estate, Raipur, Dehradun
248008
29. Rajpal Singh Rawat, Chargeman, Aged about 53
years, S/o Late Sh. K.S. Rawat, R/o H. No. 39, Cross
