5243/2017 - 2026 Supreme(Online)(CAT) 5745

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2026 Supreme(Online)(CAT) 5745

Central Administrative Tribunal Principal Bench, New Delhi O.A. No. 2095/2017 M.A. No. 2488/2023 with O.A. No. 478/2020 O.A. No. 1981/2018 Reserved on:- 23.03.2026 Pronounced on:- 30.04.2026 Hon’ble Mr. Manish Garg, Member (J)
Hon’ble Dr. Anand S. Khati, Member (A)
11. O.A. No. 2095/2017 1. M.S. Sreekumar, SEA (Mob. 9911969162)
Working as Assistant Vigilance Officer, DG: Doordarshan Doordarshan Bhawan, Copernicus Marg, New Delhi – 110001 Age: 53 years S/O Late Shri R.S. Pillai R/O C-54, Type-4, South Moti Bagh, New Delhi – 110021
22. Yogendra Singh Pawar (Mob. 9868849369)
Presently SEA NBH, All India Radio New Delhi – 110001 Age: 53 years S/O Late Shri K.S. Pawar R/O 10-UF, Todermal Square Near Bengali Market, New Delhi – 110001
33. Ajay Verma (Mob. 9968664430)
Presently EA CPC: DD, New Delhi – 49 Age: 42 years S/O Shri Ramesh Chand Verma R/O RZ-226, X-Block, New Roshanpura, Najafgarh, New Delhi – 110043
44. Ms. Ruchika Sethani (Mob. 9868263358)
Presently SEA CPC: DD, New Delhi – 49 Age: 49 years W/O Shri Chander Jethani R/O 90/58 A, Malaviya Nagar, New Delhi – 110017
55. Sanjeev Jamwal (Mob. 9868428245)
Presently SEA CPC: DD, New Delhi – 49 Age: 50 years S/O Late Shri Suram Singh R/O RZG-44, Mandir Marg, Mahavir Enclave, New Delhi – 110045
66. Ms. Alka Bhatnagar (Mob. 9811209399)
Presently EA DD News, New Delhi – 110001 Age: 46 years W/O Shri Sanjiv Bhatnagar R/O RZ 16/335, Jagdamba Vihar, West Sagarpur, Delhi – 110046
77. Ms. Anju Dhar Kachroo (Mob. 9958741545)
Presently EA DD News, New Delhi – 110001 Age: 48 years W/O Shri Rajesh Kachroo R/O 2021, Joy Apptt., Sect-2, Plot-2, Dwarka, Delhi – 110075
88. Kuldeep Sharma (Mob. 9278638630)
Presently EA DD News, New Delhi – 110001 Age: 45 years S/O Shri Dayanand Sharma R/O B-301, GD Colony, Mayur Vihar Phase-3, New Delhi –
110096
99. Mahesh Chand Sharma (Mob. 9868147388)
Presently SEA DDK, New Delhi – 110001 Age: 49 years S/O Shri N.L. Sharma R/O Flat No. 16-F, Pkt-1, Mayur Vihar, Ph-1, Delhi – 110091
1010. Manish Kumar Jain (Mob. 9810902088)
Presently SEA DTH, Earth Station, Doordarshan, Todapur, New Delhi –
110012 Age: 48 years S/O Shri R.K. Jain R/O 475, Vikas Kunj, Vikas Puri, New Delhi – 110018
1111. Dasharath Vishwanath (Mob. 9969265354)
Presently EA DDK, Mumbai – 400030 Age: 45 years S/O Vishwanath B. Mahurkar R/O C-20, Type-4, Ekta Vihar, Sect-25, CBD, Belapur, Navi Mumbai – 400614
1212. Ram Chander Sati (Mob. 9868367116)
Presently SEA DD News, New Delhi – 110001 Age: 48 years S/O Shri K.D. Sati R/O 29, Kala Vihar Apptt., Mayur Vihar Ph-1 Ext, New Delhi –
110091
1313. Ms. Sangita Sinha (Mob. 9971744336)
Presently EA DD News, New Delhi – 110001 Age: 45 years W/O Shri Shakti Sinha R/O Block-J, House No. 99-A, Sect-41, Noida, UP
1414. Prashant Shyngle (Mob. 8800960389)
Presently AE DD News, New Delhi – 110001 Age: 49 years S/O Late Shri B.C. Shyngle R/O A-504, Anmol Apptt., Plot 3A, Sect-2, Dwarka, New Delhi – 110075 ...Applicants Versus
1. Union of India, through the Secretary, Ministry of Information and Broadcasting, Shastri Bhawan, New Delhi.
2. Chief Executive Officer, Prasar Bharati, Prasar Bharati Secretariat, Tower-C, Copernicus Marg, Mandi House, New Delhi.
3. The Director General, All India Radio, Akashvani Bhawan, New Delhi.
…Respondents
2. O.A. No. 478/2020
1. Brij Kishore Roy, S/o late Langtu Roy, i/o CB-19, Biswas Apartment, Christen Colony, Keshwa Lal Road, Lodipur, Patna-800001
2. Harendra Kumar Mishra S/o late Adya Saran Mishra Resident of Malviya Nagar, Sareya, Ward No. 4, Gopalganj-
841428
3. Sudhanshu Kumar, S/O Late Kaleshwar Prasad, Resident of Mohalla-Anishabad, P.S-Gardanibagh, District-Patna-
800002 ...Applicants Versus
1. Union of India through the Secretary, Ministry of I and B, Govt of India, 'A' Wing, Shastri Bhawan, New Delhi-110001, 2. The Secretary. Department of Personnel and Training, North Block, New Delhi-110001.
3. The Chief Executive Officer, Prasar Bharti Secretariat, 2nd Floor, PTI Building, Sansad Marg, New Delhi-110 001.
4. The Director General, Directorate of All India Radio, Akashwani Bhawan, Sansad Marg, New Delhi-110 001.
5. The Director General, Doordarshan, Doordarshan Bhawan, Copernicus Marg, New Delhi-110 001
6. The Additional Director General(E) (EZ), AIR & Doordarshan, Akashvani Bhawan, 4th Floor, Eden Garden, Kolkata-700001
7. The Additional Director General (Adm), Doordarshan, Doordarshan Bhawan, Copernicus Marg, New Delhi-110001
8. The Deputy Director Administration(E), AIR, New Delhi-
110001
9. The Director, [E], All India Radio, Patna-800001 10. The Deputy Director [E], DDK, Patna-800001.
12. The Head of the Office/ the DDE, Doordarshan Kendra, Muzaffarpur-842001 …Respondents
3. O.A. No. 1981/2018 Sh. Praveen Kumar (aged about 48 years)
S/O Sh. Hira Singh (Mob: 9456803299)
Working as Engineering Assistant at Doordarshan LPT, Atomic Power Plant Colony, Narora, Bulandsher (UP)
...Applicants Versus
1. Union of India Through the Secretary, Ministry of Information and Broadcasting, Shastri Bhawan, New Delhi
2. Chief Executive Officer Prasar Bharati, Prasar Bharati Secretariat, Prasar Bharati House, Tower-C, Copernicus Marg, Mandi House, New Delhi
3. The Director General All India Radio, Akashvani Bhawan, New Delhi …Respondents {By Advocates: Mr. Arun Bhardwaj, Senior Advocate; Dr. Ashwani Bhardwaj; Ms. Sarika; Ms. Muskan Jain; Mr. Pranav; and Ms. Ashu Tiwari, learned counsel for the applicant(s) in their respective O.A.(s).}
{By Advocates: Mr. S. M. Arif, Mr. S. N. Verma, learned counsel for the respondent(s) in their respective O.A.(s)}

ORDER

Hon’ble Mr. Manish Garg, Member (J)

1.Since a common question of facts and law arises in the present O.A.s, they are being disposed of through this common order. However, for the sake of brevity, the facts are being extracted from O.A. No. 2095/2017 with the consent of the learned counsel for the parties.

2. The reliefs prayed for in O.A. No. 2095/2017, reads as under:

“a. QUASH the Show Cause Notice No. 8/7/2014-S-IV (B)/431 dated 06/08.07.2016, AND b. QUASH the Order No. 8/7/2014-S-IV (B) (Vol.II)/262 dated 23/05/2017, AND c. QUASH the Order No. 8/7/2014-S-IV (B) (Vol.II)/259 dated 23/05/2017, AND

d. CONSEQUENTLY DIRECT the respondents to restore the 1st ACP granted to the applicants in the pay scale of Rs. 8000-13,500, with all consequential benefits, AND e. GRANT costs in favour of the Applicants and PASS any other or further order(s) in favour of the Applicants, which this Hon'ble Tribunal may deem fit, just & proper in the above-mentioned facts & circumstances.”

3. Highlighting the facts of the case, learned senior counsel for the applicants submitted that the present Original Application has been filed against the arbitrary and illegal withdrawal of the 1st ACP benefit granted to the applicants in the pay scale of Rs. 8000–13500, vide impugned orders dated 23.05.2017, preceded by a show cause notice dated 06/08.07.2016.

3.1. Learned senior counsel for the applicants further submitted that the respondents acted on mere assumptions and presumptions, without properly appreciating the submissions and settled legal position, and passed the impugned orders in contravention of binding judicial pronouncements.

3.2. Learned senior counsel contended that the applicants belong to the subordinate engineering cadre in All India Radio and Doordarshan, comprising posts such as Technician, Senior Technician, Engineering Assistant (EA), Senior Engineering Assistant (SEA) and Assistant Engineer (AE), and that the post of EA is not an isolated post but part of a clear promotional hierarchy. Despite this, the respondents failed to appreciate that similarly situated employees had already been granted the benefit of ACP in the higher pay scale pursuant to judicial orders, including in O.A. No. 514/2002 by the Patna Bench of this Tribunal, which attained finality up to the level of Hon’ble High Court of Patna in (CWJC 6451/2010).

3.3. Learned senior counsel further contended that even the Department of Personnel and Training (DoPT) and Ministry of Law had opined in favour of granting ACP benefits in the pre- revised scale of Rs. 8000–13500, and the respondents themselves had acknowledged that the applicants are similarly situated to those who were granted such benefits. However, ignoring these material facts, the respondents proceeded to withdraw the benefits, rendering the show cause notice an empty formality.

3.4. Learned senior counsel emphasized that as per the ACP Scheme and relevant clarifications, particularly DoPT clarification dated 10.02.2000, where feeder and promotional posts were merged into a single pay scale, earlier promotions are to be ignored for the purpose of financial upgradation, and denial of such benefit places the applicants at a disadvantage vis-à-vis fresh entrants. It was argued that the applicants were rightly granted the 1st ACP after completion of 12 years of service, and the same could not have been withdrawn subsequently.

3.5. Learned senior counsel for the applicant further argued that the impugned action is discriminatory, as similarly placed employees in other wings, such as Civil Construction Wing (CCW), were granted higher replacement scales, and the respondents have been applying rules inconsistently across cadres. Adding further, learned counsel argued that the impugned orders amount to executive overreach, as the respondents attempted to circumvent and reinterpret binding judicial decisions, which is impermissible in law.

3.6. Concluding the arguments, learned senior counsel submitted that the applicants hav

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