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Central Administrative Tribunal - Ernakulam

P R Teresa vs The Secretary Department Of Personnel ... on 25 November, 2025

         CENTRAL ADMINISTRATIVE TRIBUNAL
               ERNAKULAM BENCH

                     O.A No. 180/00362/2019

            Tuesday, this the 25h day of November, 2025

CORAM:
HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mr. BRAJ MOHAN AGRAWAL, ADMINISTRATIVE MEMBER

1.   P.R.Teresa, aged 70 years, W/o T.P.Joseph,
     Superintendent of Central Excise (Retd.),
     Thathamangalath House, Nettoor P.O.,
     Maradu, Cochin - 682 040.

2.   E.Komalam, aged 69 years, W/o M.S.Nair,
     Superintendent of Central Excise (Retd.),
     House No.34/882 A, 'Rohini', Sreevilasam Road,
     Cochin - 682 024.

3.   Indira Gopalakrishnan, aged 66 years, W/o Gopalakrishnan,
     Superintendent of Central Excise (Retd.),
     Susandhya, Old Thevara Road, Cochin - 682 016.
                                                        -Applicants
[By Advocate : Mr. C.S. Gopalakrishnan Nair]

           Versus

1.   Union of India, represented by its Secretary,
     Department of Personnel & Training,
     North Block, New Delhi - 110 001.

2.   Chief Commissioner of Central Taxes and Customs,
     Central Revenue Building, I.S. Press Road, Cochin - 682 018.

3.   Commissioner of Central Taxes and Customs,
     Cochin Commissionerate, Central Revenue Building,
     I.S. Press Road, Cochin - 682 018.




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                                                        O.A No.180/00362/2019




4.    Commissioner of Customs (Preventive),
      Catholic Centre, Broadway, Cochin - 682 031.

5.   Pay and Accounts Officer, Central Excise,
     Central Revenue Building, I.S. Press Road, Cochin - 682 018.
                                                           -Respondents
[By Advocate : Mr. K.C. Muraleedharan, ACGSC]
      The Original Application having been heard on 25.11.2025, the
Tribunal on the same day delivered the following:
                             O R D E R (Oral):

-

Per: Justice Sunil Thomas, Judicial Member The applicants are pensioners, who retired from the Central Excise Department. On completion of 4 years of service in the grade pay of Rs.

4800/- as on 01.01.2006, they were granted grade pay of Rs. 5400/- as per the Government resolution. The applicants have approached this Tribunal seeking a declaration that they are entitled for the 3 rd MACP to the grade pay of Rs. 6600/- with effect from 01.01.2006 with all consequential benefits and to disburse the arrears.

2. The respondents have filed a detailed reply statement traversing the claims set up in the Original Application.

3. Heard both sides and examined the records.





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4. The job profile of applicants show that each of applicant got two financial upgradations and one non financial upgradation in the light of Annexure R-3 order dated 29.09.2009 of the Ministry. The claim set up by the applicants that they are entitled to grade pay of Rs. 6600/- with effect from 01.01.2006 is now well settled by a catena of decisions. Identical claim was declined by this Tribunal by order in O.A No. 363/2019. This is also covered by the judgment of the Hon'ble Supreme Court in Union of India & Ors. Vs N.M. Raut & Ors. [2024 INSC 1042].

5. Having considered the entire facts, we find that there is absolutely no merit in the O.A. Accordingly, the O.A fails and is dismissed. No costs.

(Dated, this the 25th day of November, 2025) BRAJ MOHAN AGRAWAL JUSTICE SUNIL THOMAS ADMINISTRATIVE MEMBER JUDICIAL MEMBER v 2025.11.28 VISHAL 16:44:46+05'30' 2024.3.0 4 O.A No.180/00362/2019 List of Annexures in OA/362/2019 Annexure A1- True copy of the PPO No. 514080800204. Annexure A2- True copy of the PPO No. 514081000018. Annexure A3- True copy of the PPO No. 528531200556. Annexure A4- True copy of the letter F.No. 26017/98/2008-Ad.II A dated 21.11.2008 issued to the 2nd respondent. Annexure A5- True copy of the OM No. 35034/3/2008 Estt. (D) dated 19.05.2009 issued by the 1st respondent. Annexure A6- True copy of the judgment of the Hon'ble Supreme Court in Civil Appeal Diary No.3744/16.

Annexure A7- True copy of the Order No.14(1) 99-D(AG) dated 25.07.2018 issued by the Ministry of Defense. Annexure A8- True copy of the judgment in Writ Petition No.1763/2013 dated 15.10.2018.

Annexure A9- True copy of the representation dated 15.10.2018. Annexure A10- True copy of the representation dated 15.10.2018. Annexure A11- True copy of the representation dated 12.10.2018. Annexure A12- True copy of the Order dated 15.11.2018 in OA No.68/2015.

Annexure A13- True copy of the order in OA No. 518/2005 dated 29.11.2010 of the Bombay Bench of the CAT. Annexure R1- True copy of DoP&T's O.M. No. 35034/3/2008-Estt.(D) dated 09.09.2010.

Annexure R2- True copy of FAQ issued by DoP&T vide F.No. A- 23011/25/2015-Ad.IIA dated 20.06.2016. Annexure R3- True copy of the Ministry's letter F.No. A- 26017/76/2009-Ad.II A dated 29.09.2009. Annexure R4- True copy of the common judgment dated 19.06.2018 of 2025.11.28 this Tribunal in OA No. 123/2007 and connected cases. VISHAL 16:44:46+05'30' 2024.3.0