Central Administrative Tribunal Mumbai Bench, Mumbai Original Application No. 292/2017 Order reserved on: 02.02.2025 Order pronounced on: 24.02.2026 Coram :

Hon’ble Mr. Shri Krishna, Member (A)

Hon’ble Mr. Umesh Gajankush, Member (J)

Sambhaji Thakaji Arude Aged about 54 years, son of Shri Thakaji Manjaba Arude Residing at Survey No. 147/1/6, Ganesh Nagar, Bhopkhel, CME, District Pune 31 …..Applicant (By Adv: Shri P.J. Prasadrao )

Versus

1. Union of India Through Secretary Ministry of Defence, South Block, New Delhi 110011

2. Coord & Pers Directorate/E1A Engineer-in-chief's Branch IHQ of MoD(Army)

Kashmir House, Rajaji Marg DHQ PO, New Delhi- 110011

3. Commandant Headquarters Bombay Engineer Group & Centre, Kirkee Pune 411 003

4. Principal Controller of Defence Accounts (Southern Command), No.1 Finance Road, Pune 411001 VIJAY Digitally KUMAsigned R b K y U V M I A JA

R

Y

.... Respondents

(By Adv: Shri N.K. Rajpurohit)

ORDER

Per : Umesh Gajankush, Member (J)

The present Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking therein the following reliefs:

“A. To allow this O.A.

B. This Hon'ble Tribunal be pleased to quash and set aside the conditions contained in para 3 of the impugned order dated 01st May 2015 and direct the respondents to fix the pay contained in para 2 in respect of the store keeping cadre in the pre-revised pay scale of Rs. 5000-8000/- corresponding revised scale of PB2 of Rs. 9300-34800/- with grade pay of Rs. 4200/-.

C. This Hon'ble Tribunal be please to direct the Respondent No.3 & 4 to grant the arrears consequent on the re-fixation of pay and all consequential benefits with arrears thereon with 12% interest thereon as the respondents delayed the promotion of the applicant even after notification of government order.

D. Any other further order(s) as deemed fit in the interest of justice.

E. Cost of this application be paid in favor of the Applicant.”

2. The brief facts of the case, as stated in the Original R KUMAR Application, are that the applicant was appointed as Civilian Store Keeper Garde-II on 13.09.1988 vide letter No.

10265/2/V-26-TUE/A4 dated 13.09.1988 in the pay scale of Rs. 950-20-1150-EB-25-1500 under 4^th CPC. As per the recommendations of the 5^th CPC, the applicant's pay was fixed in the revised pay scale of Rs. 3050-75-3950-80-4590. Further, on completion of Rs. 12 years of service on 13.09.2000, the first ACP in the next higher pay scale of Rs. 4000-100-6000 was granted to the applicant. It is stated that on granting ACP, the applicant should have been fixed in the pay scale of Rs. 5000-8000/- pre-revised, but the respondents fixed in the lower pay scale of Rs. 4000-8000.

2.1. Thereafter, the applicant was promoted on 17.01.2003 on the post of Civilian Store Keeper Grade-I. It is stated that respondent No. 3 ought to have granted the pay scale of Rs. 5500-9000 vide order No. TED-03/2003 dated 29.01.2003 on revision of pay scales as notified in the impugned order dated 01.05.2015 and 27.02.2013 with consequential benefits. However, there was no fixation granted on 17.01.2003 as per the Govt. of India, Ministry of Defence F.

No.410/2009-D(CIV-I) dated 27.02.2013.

VIJAY Digitally

2.2. It is stated that respondent No. 2 vide letter No. 39384/SKK/62/8CC/F&IE1A dated 20.01.2012 has already initiated an action for the creation of the post of store keeper Grade-I in the Army Units under his control to grant grade pay of Rs. 4200/- in the Pay Band-2 of 9300-34800. Vide order dated 10.04.2004, the applicant’s post of Civilian Store Keeper Grade-I was redesignated as Civilian Store Keeper Grade-II. On redesignation, respondent No. 3 ought to have granted pay scale of Rs. 5500-9000 and thereafter on 01.01.2006, his pay should have been fixed in Pay Band–II 9300-34800 with grade pay of Rs. 4200.

2.3. It is stated that respondent No. 3, as per the impugned order dated 27.02.2013, redesignated the Store Keeping Cadre into three grades in the order No. 75328-B/169/Ci