Central Administrative Tribunal - Mumbai
Prakash Ramchandra Bidoo vs M/O Defence on 25 June, 2024
1 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 CENTRAL ADMINISTRATIVE TRIBUNAL,- MUMBAI BENCH, MUMBAI ~ ORIGINAL APPLICATION Nos.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 Dated this Tuesday, the 25th day of June, 2024 CORAM : MS. HARVINDER KAUR OBEROI, MEMBER (JUDICIAL) MR. SHRI KRISHNA, MEMBER (ADMINISTRATIVE) Umalatha Alapati, Wife of Jagadeeswara Prasad Alapati, Aged 57 years, working as Technical Officer, Commander Works Engineer, Pune, General Cariappa Marg, Pune 411 001, Residing at T-11/2, Lawrence Road, Near CEPZ, Officers Mess, Pune 411 040, (M) 83790 79958, - Email : [email protected]. - Applicant in OA 348/2021 Nandkumar Yashwant Pachange, Son of Late Yashwant Mahadev Pachange, aged 59 years, Working as Technical Officer, Commander.Works Engineer, Kirkee Range Hills Road, Pune 411 003, . residing at Flat No.2/13, Citadel Hsg. Society, Kawade Road, . Ghorpadi, Pune 411 001, (M) 9850198787, 7 Email : [email protected]. - Applicant in OA 349/2021 1. Mamarao Amrutrao Lanjewar, Son of Amrutrao Ambiraji Lanjewar, age 58 years, Working as Technical Officer, Chief Engineer, Pune Zone, Dakshin Kaman Marg, Pune 411 001, residing at B-2, 301, Tirpuati Kashiganga, Dhanori, Pune 411 015, (M)9552675804, Email : [email protected]. Page 1Lof 13 2 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 Khandu Mahadu Junavane, Son of Late Mahadu Ganapat Junavane, age 58 years, Working as Technical Officer, Chief Engineer Pune Zone, Dakshin Kaman Marg, Pune 411 001, Tal: Haveli, _Dist Pune, 412 105, (M) 9850667488, Email : [email protected]. Bhaginath Ramchandra Doiphode, Son of Late Ramchandra Ganapat Doiphode, age 57 years, Working as Technicai Officer, Chief Engineer Pune Zone, Dakshin Kaman Marg, Pune 411 001, . Residing at Flat No.17, 'Swastishree' Building, Indraprastha Road, Sai Chowk, New Sangvi, Pune 411 061, (M) 9882374550, Email : [email protected]. Ashok Ganpat Kulye, Son of Late Ganpat Ratnu Kulye, _ Age 5 years, Working as Technical Officer, - Chief Engineer Pune Zone, Dakshin Kaman Marg, Pune 411 001 Residing at Flat No.2, Building, CA-4B, Radha Nagari Hsg. Society, Dighi Road, Bhosari, Pune 411 039, (M) 9860617415, Email : [email protected]. - Applicants in OA 350/2021 Pandurang Punaji Mestry, Son of late Punaji Pandurang Mestry, Age 57 years, working as Technical Officer, Chief Engineer Southern Command, Dakshin Kaman Marg, Pune 411 001, residing at 501, Snehadarashan Apartment, Govindji Bacchaji Road, Charai, Thane (W), Thane 400 601, (M} 9969270229, Email : [email protected]. a Prakash Babasaheb Malusare, . Son of Late Babasaheb Punjaji Malusare, Age 57 years, Working as Technical Officer, Chief Engineer Southern Command, Dakshin Kaman Marg, Pune 411 001, residing at Flat No.D-104, Sai Silicon Valley, Page 2 of 13 3 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 Opp SKP Campus Balewadi, Pune 411 045, Email: [email protected], (M) 9552871041 - Applicants in OA 351/2021 Prakash Ramchandra Bidoo, Son of Late Ramchandra Keshav Bidoo, Age 58 years, working as Technical Officer, Chief Engineer (Navy), Mumbai, 26 Assaaye Bidg., S B S Road, Colaba, Mumbai 400 005, ° Residing at : 48/A, 303 Sampada Society, Nehru Nagar, Kurla (E), Mumbai 400 024, Email : [email protected], (M) 7303676355. - - Applicant in OA 352/202 Narendra Kumar Prabhakar Joshi, Son of Prabhakar Joshi, Age 57 years, working as Technical Officer, Commander Works Engineer (AF) Lohogaon, Pune 411 032, Residing at C-302, Yash Platinum, Dhayari, Pune 411 041, (M) 9822284981, Email : [email protected]. . Applicant in OA 353/2021 Vinayak Fula More, Son of Late Fula Vitthal More, age 59 years, Working as Technical Officer, Commander Works Engineer on Slow Road; Deolali 422 401, Residing at N-53, VH 25/B, Patil Nagar, CIDCO, Nashik 422 008, Email : [email protected], (M) 7350352234. - Applicant in OA 354/2021 1, Satish Maruti Phulsundar, Son of Late Maruti Nana Phulsundar, Age 57 years, working as Technical Officer (Coast Guard), Goa, JNC Nagar, Chikoina, Goa 403 608, Residing at Sr. No.81/IB, Chaitraban Nagar, New Sangvi, Pune 411 027, (M) 9503218521, Email : [email protected]. Page 3 of 13 Sie 4 OA No.348, 349, 356, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 Minraj Sadanand Dalvi, Son of Late Sadanand V. Dalvi, Age 57 years, working as Technical Officer Chief Engineer (Coast Guard) Goa, JNC Nagar, Chikolna, Goa 403 608, Residing at 27/8, Krishna Kamal, B-~Cabin Road, Shivaji Nagar, Naupada, Thane (W) 400 602, (M) 9869402101, Email : msdalvi@[email protected]. Swayamprabha Omprakash Velhu, Daughter of Late Dattatray Bhausaheb Hinge, Age 55 years, Working as Technical Officer (Coast Guard), Goa JNC Nagar, Chikolna, Goa 403 608, Residing at 311/19, Akshay Height, Flat No.2, Sasane Nagar, Hadapasar, Pune 411 023, (M) 9767075383, Email : [email protected]. - Applicants in OA 355/2021. Nirmala Kailas Adhav, Wife of Kailas Pandurang Adhav, Age 56 years, retired as Technical Officer, Additional Director General (Design and Consultancy), Range Hills Road, Kirkee, Pune 411 003, Residing at Aniket, Plot No.14, Sai Park, Lane No.1, Survey No.46/1, Near Collina Vista, Mohammadwadi, Pune 411 060, Email : [email protected], (M) 9850226283. Suresh Ganpat Chor, Son of Late Ganpat Limbaji Chor, . Age 60 years, retired as Technical Officer, Additional Director General (Design and Consultancy), Range Hills Road, Kirkee, Pune 411 003, Residing at Flat No.22, Shri Ram Niwas, Bharti Vidhyapeeth, Near Shani Mandir, Ambegaon, Pune 411 043, (M) 9689153586, Email : [email protected]. - Applicants in OA 371/2021 Page 4 of 13 5 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 Ramdas Mathari Dindkar, Son of late Malhari Bapu Dindkar, Age 60 years, Retired as Technical Officer, Additional Director General, Chief Engineer Southern Command, Dakshin Kaman Marg, Pune 411 001, Residing at : H.No.546A/5, Sr. No.1331/1, Swami Vivekanand Society, Warje, Pune 411 058, (M} 9975716559, Email: [email protected]. Ranjana Ravindra Jadhav, Wife of Ravindra Dattatray Jadhav Age 61 years, working as Technical Officer, . Additional Director General, Chief Engineer Southern Command, Dakshin Kaman Marg, Pune 411 001, Residing at Sitadatta, Sr. No.311/19, Sasane Nagar, Hadapsar, Pune 411 028, Email: [email protected], (M) 9881052213. | - Applicants in OA 372/2021 Abhimanyu Vishwanath Bhise, Son of Vishwanath Tuljaram Bhise, Age 61 years, retired as Technical Officer, oe Chief Engineer Pune Zone Dakshin Kaman Marg, Pune 411 001, Residing at Sai Kutir, A-10, Samarth Nagar, | . Near Sumanshri Mangalk Aryalaya, New Sangvi, Pune 411 061, (M) 3194830662, _ Email: [email protected]. Arun Rajaram Mahajan, Son of Late Rajaram Avchit Mahajan, | " Age 61 years, Retired as Technical Officer, - Chief Engineer Pune Zone Dakshin Kaman Marg,.Pune 411 001, Residing at Sr. No.45/1, Vidya Nagar, A-30, Road No.2, Utkarsh, Pimple Gurav, Pune 411 061, (M) 8087048847, Email : [email protected]. Bhagwan Martandao Ahire, Son of Late Martandao Vana Ahire, Age 61 years, retired as Technical Officer, Chief Engineer Pune Zone Dakshin Kaman Marg, Pune 411 ool, Page 5 of 13 6. . OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 Residing at J-801, Lake Vista Apartment, Dutta Nagar, Jambhulwadi Road, Ambegaon (BK) Pune 411 046, (M) 7666389196, Email : [email protected]. 4, Mantripragada Anasuya, Wife of M..Nagabhushanam, Age 63 years, Retired as Technical Officer, Chief Engineer Pune Zone Dakshin Kaman Marg, Pune 411 001, Residing at H.No.1-20-278, Venkat Sai Nagar West, Venkatpuram, Secunderabad 500 015, (M ) 8390363226, Email : [email protected]. 5. Ketharaju Gyana Prasuna, Wite of Ketharaju Madhu Chandra, Age 58 years, Retired as Technical Officer, Chief Engineer Pune Zone Dakshin Kaman Marg, Pune 411 001, Residing at Plot No.16, Jaya Nilayam; Geetha Nagar, R.K.Puram (Post), Secunderabad 500 056, (M) 944096558, Email: [email protected]. - Applicants in OA 373/2021 Hansraj Dhanjibhai Bhimani, Son of Late Dhajibhal Pitamberbhai Bhimani, Age 60 years, Retired as Technical Officer, HQ Chief Engineer (Navy), Mumbai 26, 'Assaye Building, Colaba, Mumbai 400 005, Residing at C/o Mahesh Hansraj Koringa 2/2, _ Chakor, Kalash Udyan, Plot No.23, Sector No. 11, Kopar Khairne, S.0. Thane 400 709, (M} 93284 62040, Email: bhimani2503@amall. com. - Applicants in OA 374/2021 Chavali Krishna Annapurna, Wife of Chavali Venkata Narayana Sastry, Age 62 years, Retired as Technical Offier, Chief Engineer (Air Force),. Vayu Sena Nagar, Nagpur 440 023, Residing at Flat No.5002, Block D, Safron Sanathan, Near Citizen Hospital, Nalla Gandia, Lingampalli, . | K.V. Rangareddy, Hyderabad 500 019, (M) 9011909636, Email : [email protected]. _ - Applicant in OA 375/2021 Page 6 of 13 7 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 M.Hemavathy, Wife of V. Meenakshi Sundaram, Age 58 years, - Working as Technical Officer Commandant, College of Military Engineer Dapodi, Pune 411 031, Residing at 2/56, Plot No.47, Ragava Nagar, g* Street, Moovarasampet, Madipakkam, Kacheepuram District Chennai 600 091, (M) 8682877700, Email: [email protected]. Vijay Arjun Ghodake, Son of Late Arjun. Hanuman Ghodake, . Age 58 years, Working as Technical Officer Commandant, College of Military Engineer Dapedi, Pune 411 031, Residing at A-2, Sidhivinayak Shatrunjay Plaza, -Kondhwa BK Pune 411 048, (M) 7588322605, Email : [email protected]. Bhagachand Yashawant Nangare, Son of Yashawant Gopala Nangare, Age 57 years, Working as Technical Officer Commandant, College of Military Engineer Dapodi, Pune 411 031, Residing at Flat No.D-806, Basileo Society, Opp. Narmada Lawns, Pimple Gurav, Pune 411 061, (M) 9372607090, Email: [email protected]. - Applicantin OA 356/2021 Anant Dnyanoba Sonaie, Son of Late Dnyanoba Tukaram Sonale, Age 59 years, working as Technical Officer, Additional Director General (Design and Consultancy), Range Hills Road, Kirkee Pune 411 003, Residing at Dnyanparvati $.No.28, Opp. R K Puram Hsg Society, Munjaba Wasti, Dhanori, Pune 411 015, (M) 9422021352, Email : [email protected]. Bapu Karbhari Ahire, Son of Late Karbhari Ramchandra Ahire, Age 60 years, Working as Technical Officer, Additional Director General (Design and Consultancy) Range Hills Road, Kirkee Pune 411 003, "Page 7 of 13 8 OA No.348, 349, 350, 351, 352, 353, 334, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 Residing at'G-203, Anshul Casa, Sr. No. 226/18, Kaspate Wasti, Wakad, Pune 411 057, (M) 8146723641, Email : [email protected]. 3. Dilip Baban Gaikwad, Son of Late Baban Anyaba Gaikwad, Age 57 years, working as Technical Officer, Additional Director Genéral {Design and Consultancy), Range Hills Road, Kirkee Pune 411 001, Residing at House No.837 & 838, Near Thube Hospital, Khadaskwasla (RS), Sinhagad Road, Pune 41 024, (M) 7259493185, Email: [email protected]. 4. Vanchana Gajanan Suryavanshi, Age 57 years, Wife of Gajanan Shankar Suryavanshi, Working as Technical Officer, Additional Director General (Design and Consultancy), Range Hills Road, Kirkee Pune 411 003, Residing at C-11, Ganga Gagan Hsg. Society, Ghorpadi Gaon, Pune 411 001, (M) 9881609410, . . Email : vanchana4653 @gmail.com. S. Kailas Shankar. Paradhi, Son of Late Shankar Raghu Paradhi, Age 58 years, working as Technical Officer, Additional Director General (Design and Consultancy}, Range Hills Road, Kirkee Pune 411 003, Residing at 40, Pagariya Nelge Plaza, Bhosari, Pune 411 039, (M) 8805262562, Email: [email protected]. 6. Suman Adapala, Wife of Hemanth Kumar Adapala, Age 57 years, working as Technical Officer Additional Director General (Design and Consultancy), Range Hills Road, Kirkee Pune 411 003, Residing at A-10, Shanta Niketan Hsg Society, Behind IT Park, Bopodi, Pune 411 003, (M) 9959992149, Email : [email protected]. ~-Applicant in OA 347/2021 (By Advocate Shri Vishal P. Shirke) Page 8 of 13 9 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 VERSUS Union of India, Through the Secretary, Ministry of Defence, South Block, New Delhi -- 110 001. Union of India, Through the Secretary, Ministry of Finance, New Delhi 110 011. The Engineer-in-Chief, Military Engineer Services, {HQ of MoD, Kashmir House, Rajaji Marg, New Delhi 110 011. Controller General-of Defence Accounts, Ulan Batar Road, Palam, Delhi Cantt 110 010. 7 Director General of Audit, Defence Services, L-Il Block, Brassey Avenue, New Delhi 410 001. - Respondents in all the OAs Commander Works Engineer, Pune, General Cariappa Marg, - Pune 411 001. - Respondents in OA 348/2021 ~ Commander Works Engineer, Kirkee, Range Hill Road, Kirkee, Pune 411 001. - Respondents in OA 349/2021 Chief Engineer Pune Zone, Dakshin Kaman Marg, Pune 411 001. - Respondents in OA 350/2021 Chief Engineer Southern Command, Dakshin Kaman Marg, - Pune 411 001. . - Respondents in OA 351/2021 Chief Engineer (Navy) Mumbai, 26 Assaye Bldg., S B S Road, Colaba, Mumbai 400 Q05. ~ Respondents in OA 352/2021 Commander Works Engineer (AF), Lohogaon, Pune 411 032. - Respondents in OA 353/202 Page 9 of 13 10 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2023 Commander Works Engineer on Slow Road, ' Deolali 422 401. - Respondents in OA 354/2021 ; Chief Engineer (Coast Guard) Goa, JNC Nagar, Chikolna, ~ Goa 403 608. - Respondents | in OA 355/2021 Additional Director General, (Design and Consultancy), Range Hills Road, Kirkee, . Pune 411 003. - Respondents in OA 371/2021 Additional Director General, Chief Engineer Southern Command, Dakshin Kaman Marg, Pune 411 001. _ Respondents in OA 372/2021 | ' Chief Engineer Pune Zone Dakshin Kaman Marg, Pune 411 001. - Respondents in OA 373/2021 Chief Engineer (Navy), Mumbai 26, Assaye Building, Colaba, Mumbai 400 005. - Respondents in OA 374/2021 Chief Engineer (Air Force}, Vayu Sena Nagar, Nagpur 440 023. - Respondents in OA 375/2021 Commandant, College of Military Engineering, Dapodi, Pune 411031. | - Respondents in OA 356/2021 Additional Director General (Design and Consultancy}, Range Hills Road, Kirkee, . Pune 411 003. | - Respondents in OA 347/2021 (By Advocates Shri R.R.Shetty in all the OAs and Shri N.K.Rajpurohit in OA No.347/2021) . Page 10 of 13 il OA No.348, 349, 350, 354, 352, 353, 354, 355, . 371, 372, 373, 374, 375, 356 & 347 of 2021 ORDER (ORAL) Per : Harvinder Kaur Oberoi, Member (A)
The present Original Applications have been filed by the applicants seeking the following reliefs :
2.
reply. An additional affidavit was filed recently on 24.06.2024, along -
"8(a). This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same quash and set aside the impugned letter dated 04.03.2021 qua the Applicants.
8(b). This Hon'ble Tribunal may further be pleased to hold and declare that the Applicants are entitled to be granted second and third financial upgradations under the ACP. arid - MACP Scheme: respectively w.e.f. the dates when they have completed 24 and 30 years of service in terms of letter dated 21.04.2017 passed by Respondent No.3.
8(c}. This Hon'ble Tribunal may further be pleased to direct the Respondents to disburse benefits of 3° financial - upgradation under the MACP Scheme in pursuance of letters dated 21.04.2017 & 17.11.2020 along-with arrears at rate of 18% per annum.
8(d). Costs of the application be provided for.
g(e). Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed." . .
After the issuance of notices, the respondents have filed their Page 11 of 13 12 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021 with the additional affidavit, order dated 05.04.2024 issued by the Directorate General of Personnel HQ, Military Engineering Services, New Delhi has been filed. This order directly deals with the prayers made by the applicants in the OAs i.e. consideration for grant of the 2"4 ACP and 3 MACP Scheme with effect from the date when they completed 24 years and 30 years of service respectively.
3. The counsel for the respondents drew our attention to para No.2 of this order, which states as under :
"2. The undersigned is directed to inform that the approval for grant of 2" financial upgradation under ACP Scheme in the revised pay scale PB-3, Rs.15600-39100 with Grade Pay of Rs.6500/- for those who have completed 24 years regular service during the intervening period of 01 Jan 2006 to 31 Aug 2008 and 3% financial upgradation under MACP Scheme to these Draughtsman / TOs in PB-3 with Grade Pay of Rs.7,600/- after completion of 30 years of regular service was granted by MoD after through scrutiny of the proposal vide letters under reference."
A, From the above, it is clear that the respondents, after thorough scrutiny, have decided to grant the 2" ACP and 3 MACP to the Draughtsman.
Page 12 of 13 13 OA No.348, 349, 350, 351, 352, 353, 354, 355, 371, 372, 373, 374, 375, 356 & 347 of 2021
5. Given the above, since prayer 8(b) of the applicants would be satisfied, the OAs are disposed with a direction to the respondents to consider the cases of the applicants under the ACP and MACP Schemes as | per their above decision dated 05.04.2024. The resultant disbursement of the benefits shall be done positively within a period of four months from the date of receipt of a certified copy of this order. No costs.
«shri Krishna) | (Harvipder Kaur Oberoi) _ Member (A) Member (J).
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