Central Administrative Tribunal - Delhi
Laxman Prasad Meena vs Northern Railway on 8 December, 2025
1
O.A. No.3403/2023
Central Administrative Tribunal
Principal Bench: New Delhi
O.A. No.3403/2023
This the 8th day of December, 2025
Hon'ble Dr. Chhabilendra Roul, Member (A)
Hon'ble Mr. Rajveer Singh Verma, Member (J)
Laxman Prasad Meena,
S/o Late Sh. Ram Rattan Meena,
Ex Station Supdt., aged about 65 years,
R/o V & PO - Danalpur,
Tehsil - Shri Mahavirji,
District - Karoli,
Rajasthan - 322220
...Applicant
(By Advocate: Mr. BC Nagar with Mr. A K Shukla)
Versus
1. Union of India,
Through Secretary,
Ministry of Railways,
Rail Bhawan, Raisina Road,
New Delhi - 110001
2. General Manager,
Northern Railway,
Baroda House,
New Delhi - 110001
3. DRM,
DRM's Office,
State Entry Road,
New Delhi - 110006.
...Respondents
(By Advocate: Dr. Dharam Deshna)
Digitally signed by Sunita Dutt
Sunita
DN: C=IN, O=Personal, T=8895, OID.2.5.4.65
=1f757d2a40f14493a01379dd12b26c68,
Phone=
f725f69527d0bd5de6796dc2b9018c93ad3f1f5
1d1ed688256e5ff8c529bbda4, PostalCode=
110089, S=Delhi, SERIALNUMBER=
2bdd79be8aca23c53c876d55428617a4c8cc9
Dutt
0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt
Reason: your signing reason here
Location: your signing location here
Date: 2025.12.24 12:43:44+05'30'
Foxit PDF Reader Version: 2023.2.0
2
O.A. No.3403/2023
ORDER (ORAL)
Dr. Chhabilendra Roul, Member (A):
The present OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:
"(i) to quash/ set-aside impugned order 10.06.2019 16.03.2021 and 28.09.2022 on the representation dated.21.09.2022 passed by the Railway Board, Ministry of Railways and order dated 28.09.2022 by DRM, Northern Railway, Delhi.
(ii) To direct the Respondents to include the period of training from 05.01.1987 to 20.10.1989 under gone by the applicant while determining the period of service for grant of benefit under ACP/MACP with all consequential benefit including arrear and interest.
(iii) any other relief, which this Hon'ble Tribunal may deem fit, just and proper in the circumstances of the case, may also be passed.
(iv) cost of the present case may be awarded in favor of the Applicant and against the respondents."
2. Factual Matrix 2.1 The applicant, in the present OA, was initially appointed as Clerk under DCOS, Northern Railway, Jodhpur on 02.04.1982. Subsequently, he was selected as Traffic Inspector in the Grade of Rs 455-700 through the Railway Recruitment Board, Chandigarh on 04.10.1985 Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 3 O.A. No.3403/2023 Annexure-A3). The Railway Recruitment Board, vide letter dated 04.10.1985, forwarded the name of the applicant to the Northern Railway, Baroda House for issuance of appointment letter after following requisite formalities. The Senior Personnel Officer, Northern Railway, New Delhi, vide letter dated 02.12.1986, informed the applicant to appear for medical examination and further intimated that he would undergo three years' training commencing from 05.01.1987. Thereafter, Northern Railway Headquarters, vide letter dated 01.09.1989, directed the DRM, Northern Railway, Delhi that upon completion of more than two years of training from 05.01.1987 to 15/16.08.1989, the applicant be posted on a working post. After completion of training, the applicant was posted as Assistant Yard Master vide letter dated 21.10. 1989. He was promoted as Station Master with effect from 01.09.1993, and further promoted as Station Superintendent with effect from 01.11.2003. The applicant was granted 2nd MACP w.e.f. 01.09.2009. He retired from service on 31.05.2018.
2.2 Certain similarly placed Railway employees approached the Coordinate Bench of this Tribunal at Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 4 O.A. No.3403/2023 Jabalpur in OA No.339/2006, wherein the Tribunal, vide order dated 21.8.2007, held that the training period is required to be treated as qualifying service for grant of ACP benefits. Similar relief was also granted by other Coordinate Benches, including the Cuttack Bench of this Tribunal.
However, the similar orders of the Jabalpur Benches of this Tribunal were challenged in W.P. (C) No. 5415/2007 before the Hon'ble High Court of Madhya Pradesh at Gwalior, in W.P. (C) No. 18880/2015, and W.P. (C) No. 6963 of 2018 before the Hon'ble High Court of Odisha. The High Court vide their Order/Judgment dated 15.1.2014, 02.03.2016 and 03.01.2019, upheld the decisions of the Tribunal.
Aggrieved thereby, the respondent Railways approached the Hon'ble Supreme Court, wherein all appeals were tagged with SLP (C) No. 32999/2014. The Hon'ble Supreme Court, vide judgment dated 22.10.2019, held that the period of training shall be treated as qualifying service for grant of ACP benefits. The review petition filed by the Union of India was also dismissed vide order dated 29.09.2020.
2.3 Pursuant to the aforesaid settled legal position, the present applicant submitted representations to the Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 5 O.A. No.3403/2023 respondents seeking grant of ACP/MACP benefits by counting the training period as qualifying service. His latest representation was submitted on 21.09.2022.
2.4 The General Manager, Northern Railway sought clarification from the Railway Board regarding applicability of the decision of the Apex Court to similarly placed employees. However, the Railway Board, vide letter dated 16.03.2021 (impugned order), clarified that the judgment of the Apex Court would be implemented only in respect of respondents to the said SLP and Review Petition and that the same shall not be quoted as precedent. Relying upon the said clarification, the Northern Railway rejected the claim of the applicant for grant of ACP/MACP benefits by counting the training period as qualifying service. Being aggrieved, the present applicant has filed the instant O.A. seeking the aforesaid reliefs.
3. Notices were issued to the respondents and they filed their reply to which the applicant has filed the rejoinder.
4. Submission by the learned counsel for the applicant Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 6 O.A. No.3403/2023 4.1 The learned counsel for the applicant referred to the decision of the Apex court in Union of India & Ors vs. Ashok Kumar Barik in SLP (C) No. 28896/2019 and batch, wherein vide order dated 22.10.2019, it was held that:
"We find no ground to interfere with the impugned order(s) passed by the High Court on the ground that the petitioners were given the regular pay-scale and the increments were also given to them right from day one. Even during the training period, increments were given to them. We have considered the policy pertaining to ACP. On perusal of the same, we find no ground to deny the benefit of training period, which was after appointment.
The Special Leave Petitions are, accordingly, dismissed.
Pending interlocutory application(s), if any, is/are disposed of."
4.2 Referring to aforementioned judgment of the Apex Court, learned counsel for the applicant submitted that the law has now stands settled that the training period undergone by an employee after appointment is required to be counted as qualifying service for the purpose of grant of ACP/MACP benefits, particularly where regular pay scale and annual increments were granted during such training period. It has further been submitted that the ACP Scheme nowhere excludes such training period from being counted for grant of ACP benefits.
Digitally signed by Sunita DuttSunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 7 O.A. No.3403/2023 4.3 Learned counsel for the applicant also submitted that the case of the present applicant is squarely covered by the judgment of the Apex Court in Ashok Kumar Barik (supra). The applicant was selected as Traffic Apprentice in pay scale of Rs 455-700 (Annexure-A3) and was appointed as a trainee against egular scale of pay applicable to Traffic Apprentices. Therefore, he is entitled to grant of ACP/ MACP benefits by treating the training period as qualifying service.
4.4 Learned counsel for the applicant has also relied upon the decision of the Coordinated Bench of this Tribunal in OA No. 2143 /2021, decided on 07.08.2025, wherein similar relief was granted by treating the training period as qualifying service for the purpose of MACP benefits.
5. Submission by learned counsel for the Respondents 5.1 Per contra, the learned counsel for the respondents submitted that the applicant was appointed on regular scale of Traffic Apprentice in the pay scale of 1400-2300 with effect from 21.10.1989 and treating the said date as a Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 8 O.A. No.3403/2023 fresh appointment, the applicant earned promotions and MACP benefits in due course. He placed reliance on RBE 16/2020, particularly paragraph 9 thereof, which states as under:
"Regular service for the purposes of MACPs shall commence from the date of joining the post in direct entry grade on regular basis either on direct recruitment basis or on absorption/re-deployment basis. Service rendered on casual, adhoc/contract basis before regular appointment or pre- appointment training shall not be taken into reckoning."
5.2 Accordingly, the respondents have not taken into consideration the training period, which is not part of regular service for consideration of MACP benefits. Rather, treating his initial appointment on regular service with effect from 21.10.1989, he was granted 2nd MACP with effect from 01.01.2009.
6. Analysis 6.1 The issue as to whether the training period is required to be treated as qualifying service for grant of ACP/MACP benefits, where the employee was granted regular pay scale and annual increments during training, is no longer res integra.
Digitally signed by Sunita DuttSunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 9 O.A. No.3403/2023 6.2 The Apex Court in Ashok Kumar Barik (supra) has categorically held that where the employee was granted regular pay scale and increments even during the training period, such training period cannot be excluded while determining eligibility for ACP/MACP benefits.
6.3 The Coordinate Bench of this Tribunal in O.A. No. 2143/2021 has also examined the issue in the light of the judgments of the Hon'ble Supreme Court in State of Karnataka vs. C. Lalita, (2006) 2 SCC 747, State of Uttar Pradesh vs. Arvind Kumar Srivastava, (2015) 1 SCC 347, and Lt. Col. Suprit Chandel vs. Union of India & Ors., and has held that employees who were granted regular pay and increments during training are entitled to MACP benefits by counting the training period as qualifying service.
6.4 For the sake of brevity, the relevant portion of the order passed in O.A. No. 2143/2021 is reproduced below:
"6. ANALYSIS :
6.1 We have to examine whether the impugned office order/Railway Board circular dated 16.03.2021--stating that the decision rendered in SLP (C) No. 32999/2014, vide order dated 22.10.2019, affirming that the training period is to be Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 10 O.A. No.3403/2023 included for computing service for ACP, was in personam and not to be treated as in rem--is justified or not.
6.2 The Apex Court in State of Karnataka Vs. C. Lalitha (2006) 2 SCC 747 and State of Uttar Pradesh Vs. Arvind Kumar Srivastava (2015) 1 SCC 347 has held that service jurisprudence evolved by it from time to time postulates that all persons similarly situated should be treated similarly; only because one person has approached the Court does not mean that persons similarly situated should be treated differently;
justice demands that a person should not be allowed to derive any undue advantage over other employees; the normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit; not doing so would amount to discrimination and would be violative of Article 14 of the Constitution of India; this principle needs to be applied in service matters more emphatically as the service jurisprudence evolved from time to time postulates that all similarly situated persons should be treated equally; this principle is subject to well-recognized exceptions in the form of delays/ laches/acquiescence; persons who did not challenge wrongful action in their case and woke up after a long delay, such employees cannot claim that the benefit of the judgment rendered in the case of similarly situated persons be extended to them and delays/laches/acquiescence would be a valid ground to dismiss their claim.
6.3 In "Union of India and Ors. vs. Tarsem Singh" (2008) 8 SCC 652, the Hon'ble Supreme Court summarized the settled principles in the following manner:
"7. To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal). One of the exceptions to the said rule is cases relating to a continuing wrong. Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy, with reference to the date on which the continuing wrong commenced, if such continuing wrong creates a continuing source of injury. But there is an exception to the exception. If the grievance is in respect of any order or administrative decision which related to or affected several others also, and if the reopening of the issue would affect the settled rights of third parties, then the claim will not be entertained. For example, if the issue relates to payment or refixation of pay or pension, relief may be granted in spite of delay as it does not Digitally signed by Sunita Dutt affect the rights of third parties. But if the claim involved Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 11 O.A. No.3403/2023 issues relating to seniority or promotion, etc.., affecting others, delay would render the claim stale and doctrine of laches/limitation will be applied. Insofar as the consequential relief of recovery of arrears for a past period is concerned, the principles relating to recurring/successive wrongs will apply. As a consequence, the High Courts will restrict the consequential relief relating to arrears normally to a period of three years prior to the date of filing of the writ petition."
6.4 The Railway Board Notification No. E(NG)I/90/PM 1/41 dated 31.07.1991 recognizes ad hoc service followed by regularization as eligible for counting towards service. The logic equally applies to training followed by regular appointment, as has happened in the case of the applicants. The respondents in such cases ought to have granted the benefit arising out of the decision rendered by the Apex Court. All persons similarly situated should be treated similarly; only because one person has approached the Court does not mean that persons similarly situated should be treated differently; justice demands that a person should not be allowed to derive any undue advantage over other employees. The normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit.
6.5. One cannot also ignore the fact that the applicants had completed their training long ago, as is evident from pages 48- 50 of the paper book.
6.6. In Civil Appeal No. 1943 of 2022 (Lt. Col. Suprita Chandel versus Union of India and Ors.) decided on 09.12.2024, the Hon'ble Supreme Court held as under:
"14. It is a well settled principle of law that where a citizen aggrieved by an action of the government department has approached the court and obtained a declaration of law in his/her favour, others similarly situated ought to be extended the benefit without the need for them to go to court. [See Amrit Lal Berry vs. Collector of Central Excise, New Delhi and Others, (1975) 4 SCC 714]
15. In K.I. Shephard and Others vs. Union of India and Others, (1987) 4 SCC 431, this Court while reinforcing the above principle held as under:-
"19. The writ petitions and the appeals must succeed. We set aside the impugned judgments of the Single Judge and Division Bench of the Kerala High Court and direct that each of the three transferee banks should take over the excluded Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 12 O.A. No.3403/2023 employees on the same terms and conditions of employment under the respective banking companies prior to amalgamation. The employees would be entitled to the benefit of continuity of service for all purposes including salary and perks throughout the period. We leave it open to the transferee banks to take such action as they consider proper against these employees in accordance with law. Some of the excluded employees have not come to court. There is no justification to penalise them for not having litigated. They too shall be entitled to the same benefits as the petitioners. ...."
(Emphasis Supplied)
16. No doubt, in exceptional cases where the court has expressly prohibited the extension of the benefit to those who have not approached the court till then or in cases where a grievance in personam is redressed, the matter may acquire a different dimension, and the department may be justified in denying the relief to an individual who claims the extension of the benefit of the said judgment.
17. That is not the situation here. In the submissions too, the respondents have not been able to point out any valid justification as to how the applicants who obtained the benefit from the AFT, Principal Bench in OA No. 111 of 2013 and batch are not identically situated with the appellant. Like the applicants who succeeded, the appellant was also ripe for the third chance before the amended para 4(a) of AI No. 37 of 1978 was introduced on 20.03.2013. The Principal Bench of the AFT in OA No. 111 of 2013 after clearly holding that the applicants therein were denied the third chance directed consideration of their cases for permanent absorption by granting one-time age relaxation by considering them under the unamended policy.
18. The respondent authorities on their own should have extended the benefit of the judgment of AFT, Principal Bench in OA No.111 of 2013 and batch to the appellant. To illustrate, take the case of the valiant Indian soldiers bravely guarding the frontiers at Siachen or in other difficult terrain. Thoughts on conditions of service and job perquisites will be last in their mind. Will it be fair to tell them that they will not be given relief even if they are similarly situated, since the judgment they seek to rely on, was passed in the case of certain applicants alone who moved the court? We think that would be a very unfair scenario. Accepting the stand of the respondents in this case would result in this Court putting its imprimatur on an unreasonable stand adopted by the authorities.
19. The stand of the Department relying on the judgment of this Court in State of Maharashtra and Another vs. Chandrakant Anant Kulkarni and Others, (1981) 4 SCC 130 to contend that mere reduction in chance of consideration did not result in deprivation of any right does not appeal to us. The appellant's case is founded on the principle of Digitally signed by Sunita Dutt discrimination. What is sauce for the goose ought to be sauce Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 13 O.A. No.3403/2023 for the gander. If the applicants in O.A. No. 111 of 2013 whom we find are identically situated to the appellant were found to be eligible to be given a third chance for promotion, because they acquired eligibility before the amendment to AI No. 37 of 1978 on 20.03.2013, we find no reason why the appellant should not be treated alike.
20. The order dated 13.03.2014 in the application for clarification of the AFT, Principal Bench, order of 22.01.2014 and the order dated 19.05.2014 in the review relied upon in the counter affidavit do not in any manner dilute the case of the appellant herein. In fact, the order dated 13.03.2014 fully supports the appellant since it extended the benefit to those persons who acquired the eligibility in 2013. As far as the order in review dated 19.05.2014 directing that there would be no dilution in the laid down criterion and the further direction that the order in review shall not form a precedent does not imply that the main order of 22.01.2014 of the Principal Bench, AFT, should not be extended to similarly situated individuals like the appellant, who has been knocking the doors for relief since September, 2014.
21. We see no delay in the appellant approaching the Tribunal. The appellant has been seeking justice from 2014 and the only delay between 2017 to 2021 after the withdrawal of the earlier applications with liberty, was due to the fact that between August, 2017 and 2019 she was posted in Arunachal Pradesh and it was during this time that the appellant made a second representation. Thereafter, the period between March, 2020 and January, 2021 was on account of Covid-19 pandemic. In any event, since a clear case of discrimination has been made out, we do not want to non-suit the appellant on the ground of delay. We say so on the special facts of this case.
22. We also find that the appellant - a woman officer has continuously worked since 2007 and even as late as on 31.10.2017, she was granted extension of another four years of service, and she continues to be in service thereafter also on account of the status quo granted by this Court on 08.03.2022. Not only this, the appellant was awarded Commendation Card by the Chief of Army Staff on 14.01.2019. It is also undisputed that the appellant has had a distinguished service and is now posted as Lieutenant Colonel in the Army Dental Corps at Agra.
23. We hold that the appellant was wrongly excluded from consideration when other similarly situated officers were considered and granted permanent commission. Today, eleven years have elapsed. It will not be fair to subject her to the rigors of the 2013 parameters as she is now nearly 45 years of age. There has been no fault on the part of the appellant.
24. On the peculiar facts of this case and since nothing adverse has been placed on record with regard to Digitally signed by Sunita Dutt performance of the appellant, in exercise of powers under Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 14 O.A. No.3403/2023 Article 142 of the Constitution, we direct that the appellant ought to be given Permanent Commission. We direct that the appellant's case be taken up for grant of Permanent Commission and she be extended the benefit of Permanent Commission with effect from the same date the similarly situated persons who obtained benefits pursuant to the judgment dated 22.01.2014 in O.A. No. 111 of 2013 of the Principal Bench of the AFT. All consequential benefits like seniority, promotion and monetary benefits, including arrears shall be extended to the appellant. The above directions shall be implemented within a period of four weeks from today.
25. The appeal is allowed and the order of the AFT, Regional Bench, Lucknow, dated 05.01.2022 in O. A. No. 241 of 2021 is quashed and set aside. No costs."
7. CONCLUSION :
7.1. In view of the above discussions, we hereby quash and set aside the impugned office order dated 16.03.2021 and hold that the applicants are entitled to the benefit of the grant of MACP. Accordingly, we direct the respondents to place the cases of the applicants before the Screening Committee for consideration of the grant of MACP. If the applicants are otherwise eligible under the Scheme, they shall be granted the benefit of MACP by counting the service rendered during the training period. All consequential benefits, including arrears, shall follow."
7. Conclusion 7.1 From the above analysis, it is clear that the period spent on training by an employee is counted towards granting MACP benefits. This issue is no more res integra, where the trainees are granted regular grade pay as well as annual increments. The case of the applicant falls under such category. Accordingly, the applicant is entitled to consideration of MACP benefits by counting his service rendered Digitally signed by Sunita Dutt as Traffic Apprentice from 05.10.1987 to Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0 15 O.A. No.3403/2023 20.10.1989 as qualifying service. The respondents are, therefore, directed to place the case of the applicant before the Screening Committee for consideration of grant of MACP benefits by treating the training period as qualifying service. If the applicant is found otherwise eligible, all consequential benefits shall be granted, including arrears limited to three years prior to the filing of the present OA.
7.2 The aforementioned exercise shall be completed within a period of eight weeks from the date of receipt of a certified copy of this order.
7.3 In view of the above, the OA is disposed of.
8. There shall be no order as to costs.
9. Pending MA(s), if any, shall also stand disposed of.
(Rajveer Singh Verma) (Dr. Chhabilendra Roul) Member (J) Member (A) 'SD' Digitally signed by Sunita Dutt Sunita DN: C=IN, O=Personal, T=8895, OID.2.5.4.65 =1f757d2a40f14493a01379dd12b26c68, Phone= f725f69527d0bd5de6796dc2b9018c93ad3f1f5 1d1ed688256e5ff8c529bbda4, PostalCode= 110089, S=Delhi, SERIALNUMBER= 2bdd79be8aca23c53c876d55428617a4c8cc9 Dutt 0ccfe14b22f74ffb78936ff8f7b, CN=Sunita Dutt Reason: your signing reason here Location: your signing location here Date: 2025.12.24 12:43:44+05'30' Foxit PDF Reader Version: 2023.2.0