Central Administrative Tribunal - Mumbai
Kailesh Haribhau Dambhare And Anr vs Ordnance Factory Board (Ofb) on 18 June, 2025
1 OA No.2049/2019
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, CAMP AT NAGPUR.
O.A.2049/2019
Dated this Wednesday the 18thday of June, 2025.
Coram: Hon'ble Mr.Shri Krishna, Member (Administrative)
Hon'ble Mr.UmeshGajankush, Member (Judicial).
1. Shri Kailash HaribhauDambhare,
Age 62 years, Desig: Retd. M.T.S. (Ex.Record Supplier),
R/o: Plot no.238, Dhammkirti Nagar, Near Boudh Vihar,
Dattawadi, Amaravati Road, Nagpur - 440 023.
2. Shri Ashok SudamjiSonkuwar,
Age 60 years, Desig.: Retd. M.T.S. (Ex.-Record Supplier),
R/o: Plot No.24/B, Govt. Press Housing Co-op. Society,
Near Nabila Lawn, Dawalameti - 440 023. .. Applicants.
( By Advocate Shri M.G. Burde ).
Versus
1. The Union of India, represented through:
The Secretary, Department of Defence Production,
Ministry of Defence, South Block, New Delhi-110 001.
2. Director General of Ordnance (Coordination & Services),
Ayudh Bhawan, 10-A, S.K. Bose Road, Kolkata - 700 001.
3. The General Manager, Ordnance Factory Ambajhari,
Nagpur, through: The Officer In-Charge, Unit of Yantra
India Ltd., Amaravati Road, Nagpur - 440 021. ..Respondents.
( By Advocate Shri Avdhesh Kesari ).
Order reserved on : 10.02.2025
Order pronounced on : 18.06.2025
Digitally signed by Khushboo Mittal Gupta
Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone=
8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=
Maharashtra, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta
Reason: I am the author of this document
Gupta Location:
Date: 2025.06.21 13:12:15+05'30'
Foxit PDF Reader Version: 2025.1.0
2 OA No.2049/2019
ORDER
Per : Shri Krishna, Member (A)
The applicants 2 in number have filed this O.A. under Section 19 of the Administrative Tribunals Act, 1985 to claim the following reliefs:
"1) The impugned order issued by Respondent 3; vide its letter no.1096/MACP/Estt. Dated 08th February 2019 (Annex.‟A-1‟),; allegedly in pursuance with the Order dated 23.10.2018 passed by this Hon‟ble Tribunal in O.A.No.340 of 2016 may be struck down and set them aside to the extent of their illegality in not granting A.C.P.-I and A.C.P-II w.e.f. 01.01.2006 to the Applicants.
2) The impugned order issued by Respondent 3; vide Factory Order Part-II No.2437 dated 08.09.2012; for granting MACP-II and MACP-III illegally (Annex.‟A-2‟); without granting, firstly, ACP-I and ACP-II w.e.f. 01st January 2006;
after completion of 12 and 24 y ears of the service may also be struck down and set them aside to the extent of their illegality in r/o the Applicants.
3) The Respondents may be directed for granting A.CP.-I and A.C.P.-IIw.e.f 01.01.2006 to the Applicants in appropriate Pay Scales / Pay Bands + Grade Pays and M.A.C.P-III with appropriate Grade Pay, as stated in 4.6 of Para 4 and making fixation of pays accordingly.
4) The Respondents may also be directed to pay arrears of the A.C.P.s/M.A.C.P.s to the Applicants with 12% interest or any reasonable rate of interest thereon till it is paid to them; arising out of the revision of Pay Scales / Pay Bands + Grade Pays, in case of the claims of Applicants is admitted by the Hon‟ble Tribunal.
5) The Hon‟ble Tribunal may further be pleased to grant Rs.30,000/- cost of proceedings before the Hon‟ble Tribunal to each of the Applicants and incidentals thereto and such other benefits as deems fit and proper in facts and circumstances of the case."
Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 3 OA No.2049/2019
2. Brief facts as stated by the applicants are that the respondent no.3 issued the impugned order vide its letter no.1096/MACP/Estt. Dated 08.02.2019 and turned down the request of the applicants for granting ACP-I and ACP-II w.e.f. 01.01.2006. It was stated that the plea of applicants in respect of MACP to be untenable, while no order was passed on the plea of granting ACP-I and ACP-II to the applicants w.e.f. 01.01.2006 immediately after implementation of 6th Central Pay Commission (CPC) as requested in Para 3 and 4 of the Legal Notice No.MGB/Legal-Notice/01 dated 18.03.2016.
2.1. It has been submitted that the applicants were only granted M.A.C.P.-II w.e.f. 01.09.2008 with Grade Pay of Rs.2000/- and M.A.C.P.- III to Applicant No.1 w.e.f. 27.11.2009 and to Applicant No.2 w.e.f. 17.03.2010 with Grade Pay of Rs.2400 illegally as shown in the impugned Factory Order Part-II No.2437 dated 08.09.2012. The applicants, therefore, approached to the Tribunal through earlier O.A.No.340/2016, who considered the matter and passed the order dated 23.10.2018 with the direction to the respondents to examine and decide on the submissions made in the Legal Notice No.MGB/Legal-Notice/01 dated 18.03.2016 and passes a reasoned / speaking order.
2.2. It has been submitted that the applicant no.1 and 2 were appointed initially against the post of „Messenger Boy‟ in Ordnance Factory Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 4 OA No.2049/2019 Ambajhari, Nagpur on 27.11.1979 and 17.03.1980 respectively. The post of Messenger Boy was, normally, filled up with the persons below the age of 18 years and appointed to regular post of „Orderly‟ / „Peon‟; immediately after attaining 18 years of age. Accordingly, the applicant no.1 and 2 had been appointed to the post of Orderly / Peon on 01.12.1982 and 21.03.1980 respectively. The applicant no.1 had, thereafter, been upgraded / promoted to the post of Record Supplier on 17.04.2000. The applicant no.2 had also been upgraded / promoted to the post of Record Supplier / Daftary on 19.06.2000. A copy of the service particulars of the applicant no.1 and 2 was duly obtained through the Computer of Factory / Section.
2.3. It has been submitted that the line of promotion / financial upgradation from the post of Record Supplier was to the post of „Tracer‟ as per the order issued by O.F.B. i.e. Respondent No.2 vide its letter no.288/RR/89/A/N dated 26/30th April, 1990. The Respondent No.2 also issued an order to all Ordnance Factgories and other Establishments vide its letter no PA-2631/A/CCC dated 28.11.2000 and clarified that Record Supplier and Blue Printers would be given A.C.P. to the pay scale of Tracer, since their next hierarchical promotion was to the post of Tracer as per the S.R.O. Consequent upon implementation fo the recommendations of 6th CPC with effect from 01.01.2006, the applicants belonging to Group Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 5 OA No.2049/2019 „D‟ cadre were merged into Group „C‟ cadre enblocwith other Group „D‟ employees and hence, their earlier promotion(s) / financial upgradation(s) granted amongst the Group „D‟ post(s) were treated as ineffective and they made entitled for grant of A.C.P.-I and A.C.P-II afresh in the higher Pay Bands / Scales + Grade Pays attached with the next hierarchical or deemed hierarchical promotion post in Group „C‟ cadre. Thereafter, the Scheme of Modified Assured Career Progression (in short MACP) had been made applicable with effect from 01.09.2008 to all the Central Government employees including the Ordnance Factories Organization. 2.4. It has been submitted that a comparative statement of line of promotion(s) / financial upgradation(s) and applicable Pay Band / Scale + Grade Pay to the applicants before and/or after abolition of the post of Tracer and implementation of 6th CPC are presently briefly as under:-
Sl. Name of Post Pre-revised Pay Revised Pay Structure as per 6th CPC No. Scale Name of Corresponding Rs. Pay Band/Scale Pay Band/Scale Grade Pay Rs. Rs.
1 Tracer - S-7 4000 - 6000 PB - 1 5200-20200 2400 (Abolished w.e.f.
20.04.2006) 2 Chargeman S-9 5000-8000 PB - 1 9300-34800 4200 (Tech) 3 J.W.M.* S-13 7450-11500 PB - 2 9300-34800 4600 4 S-147 500-12000 PB - 2 9300-34800 4800 * Note : Prior to 6th CPC, Charegeman (Tech) was having two Grades, 1) ChargemanGr.II (Tech.) 2) ChargemanGr.I (Tech.). Thereafter, the latter Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 6 OA No.2049/2019 was promoted to the post of Assistant Foreman (Tech.) and then to Foreman (Tech.) and lastly J.W.M. Now, J.W.M. is the next promotion grade in the hierarchy from the post of Chargeman (Tech.).
It is evident from the above table that the applicants must have been granted :-
a) ACP-I-I in S-7 PB-1 of Rs.5200 - 20200 + Grade Pay of Rs.2400 w.e.f. 01.01.2006, after completion of 12 years of service.;
b) ACP-II in S-9 PB-2 of Rs.9300-34800 + Grade Pay of Rs.4200 w.e.f. 01.01.2006 after completion of 24 years of service till 19 th April, 2006;
AND ACP-II would be revised and granted in PB-2 OF Rs.9300-34800 with higher Grade Pay of Rs.4600 w.e.f. 20th April, 2006, the date on which post of Tracer was abolished as per SRO-54 dated 20.04.2006 till 31.08.2008. (The applicant 1 and 2 had completed 24 years of service on 27 th November 2003 and 17th March 2004 respectively and they had been granted A.C.P.-II on those dates; prior to implementation of 6th C.P.C.)
c) M.A.C.P.-III in PB-2 of Rs.9300-34800 + higher Grade Pay of Rs.4800; after completion of 30 years of service by the applicant 1 and 2 Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 7 OA No.2049/2019 on 27th November 2009 and 17th March 2010 respectively as the MACP Scheme was made applicable w.e.f. 01.09.2008.
2.5. It has been submitted that in contradiction to above, the respondents did not grant ACP-I and ACP-II w.e.f. 01.01.2006 till 31.08.2018 to the applicants. The applicants were only granted M.A.C.P-II with effect from 01.09.2008 with Grade Pay of Rs.2000/- and M.A.C.P.-III to Applicant No.1 with effect from 27.11.2009 and to Applicant No.2 with effect from 17.03.2010 with Grade Pay of Rs.2400 illegally as shown in theimpugned Factory Order. It is further submitted that the 6th CPC had merged the post of Orderly, Daftary, Record Supplier and Blue Printer etc. into a Group „C‟ post and designated them as M.T.S. (Multi-Tasking Staff) w.e.f. 01.01.2006 and the incumbents of those posts would, therefore, be entitled for financial upgradation to next higher available or deemed available Scales of Pay / Pay Bands + Grade Pays in the Organization.
2.6. It has been further submitted that the Respondent No.2 further issued an order to all Ordnance Factories and other Establishments vide its letter No.04/ACP/TRACER/A/NI dated 31.01.2011 and clarified that in pursuance with judicial pronouncements on the subject that the matter was taken up with the Ministry of Defence (MoD) and it had been decided that the placement of Tracers in the scale of Rs.4000 - 6000 (Pre-revised) on completion of seven years of service would not be treated as financial Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 8 OA No.2049/2019 upgradation under ACP and clarification issued vide MoD ID No.45(2)/02/III/D(Fy-II) dated 30.04.2003 may be treated as revised accordingly. The Respondent No.2 further issued instructions to all Ordnance Factories and other Establishments with reference to MoD ID No.11(3)/2009-D(CIV-I) dated 31.07.2012 on the subject of Frequently Asked Questions (FAQs) on MACPs vide its letter no.01/CPC/2012/PCC/A/A dated 27.08.2012.
Aggrieved by the above action of the respondents the applicants have approached this Tribunal by way of O.A. 2.7. The applicants have placed reliance on the following decisions to support their case:-
(i) Shri D.S. Patole vs. Union of India & Ors. in O.A.No.28/2004;
(ii) Full Bench decision in the case of S.P. Singatkar vs. Union of India & Ors. in O.A.No.518/2005 of CAT, Mumbai Bench;
(iii) In the case of Hari Govind Singh vs. Union of India & Ors., M.A.No.2032/2010 in O.A.683/2008 of CAT, Principal Bench, New Delhi;
(iv) In the case of Smt.MadhuMaltiTyagi&Anr. Vs. Union of India & Ors. in O.A.634/2013 of CAT, Principal Bench, New Delhi; Digitally signed by Khushboo Mittal Gupta
Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 9 OA No.2049/2019
(v) In the case of MoolchandNamdeo&Ors. Vs. Union of India & Ors.
in O.A.No.200/00203/2014 of CAT, Jabalpur Bench;
(vi) In the case of Shri Om Prakash & 5 others vs. Union of India & 3 Others in O.A.No.3626/2014 of CAT, Principal Bench, New Delhi;
(vii) In the case of Bhanu Prasad & 19 Others vs. Union of India & 2 Ors., in O.A.No.1195/2014 of CAT, Principal Bench, New Delhi;
(viii) Ashok MahadeoraoBhandarkar&Anr. Vs. Union of India & Ors. in O.A.No.2152/2003 of CAT, Mumbai Bench; and
(ix) Decision of Hon‟ble Supreme Court in the case of Union of India& Ors. Vs. M.V. Mohanan Nair, 2020(2) AISLJ, Vol.VI Page 217.
3. After issuance of notice, the respondents have filed their reply and contested the O.A. 3.1. It has been submitted that the applicant has filed the present O.A. challenging the order dated 08.02.2019 passed by respondent no.3 alleging that in pursuance of order dated 23.10.2018 passed by this Tribunal in O.A.No.340/2016 and found the plea of the applicants in respect of MACP holding untenable while no orders passed that plea of granting ACP-1 and ACP-II with effect from 01.01.2006 immediately after implementation of the 6th CPC. It is also submitted that in compliance with the Tribunal‟s Order dated 23.10.2018 in O.A.No.340/2016, the respondents have issued Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 10 OA No.2049/2019 a speaking order vide letter dated 08.02.2019, explaining the eligibility of applicants for grant of ACP/MACP as per the extant guidelines / instructions in the matter of Government of India. That the averments made by the applicants that plea for granting ACP-1 and ACP-II w.e.f. 1.1.2006 has not been addressed, hence incorrect. 3.2. It has been submitted that the plea made by the applicants for grant of ACP-I and ACP-II w.e.f. 1.1.2006 on the ground that the post of Orderly / Peon and Record Supplier have been merged does not hold good as the post of Peon and Record Supplier have not been merged but have been upgraded to Group „C‟ in the Grade Pay of Rs.1800/- w.e.f. 1.1.2006 as per the recommendations of 6th CPC and later they were re-designated as Multi Tasking Staff (MTS) with effect from 1.10.2012 vide their Factory Order dated 03.10.2012. Regarding the applicants claim of attached Grade Pays and deemed promotional hierarchy, it is informed that the Grade Pay notified by the Government of India for Peon and Record Supplier were Rs.2550-55-3200 and Rs.2610-60-4000 respectively. Later, they were upgraded to Group „C‟ and re-designated as MTS, for which the promotional hierarchy is LDC/Store Keeper. Since the applicants had already received upgradation under ACP Scheme in the 5 thCPC scales and the upgradation to Group C / re-designation as MTS was done as per 6th CPC recommendations, no guidelines / orders exist for grant of ACP w.e.f. Digitally signed by Khushboo Mittal Gupta
Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 11 OA No.2049/2019 1.1.2006 subsequent to such merger / upgradation of posts after implementation of 6th CPC recommendations.Moreover, the applicants have already received financial benefits under ACP Scheme in the hierarchy existing under 5th CPC scales and subsequently have been upgraded as per 6th CPC recommendations.
3.3. It has been further submitted that in compliance with the Tribunal‟s order dated 23.10.2018 in O.A.No.340/2016, the respondents have issued a speaking order vide letter dated 08.02.2019 explaining the eligibility of applicants for grant of ACP/MACP as per the extent guidelines / instructions in the matter of Government of India. Thethe averment made by the applicants that plea for granting ACP-I and ACP-II w.e.f. 1.1.2006 has not been addressed is incorrect.
3.4. It has been further submitted that the MACP granted to the applicants are in accordance with the Ministry of Personnel, Public Grievances and Pensions (DOP&T) guidelines issued vide OM no.35034/3/200B-Estt.(D) dated 19.05.2009, received under MOD I.D. No.11(3)/2009-d(Civ-I) dated 20.05.2009 and reproduced by OFB vide L.No.01/6th CPC/2008/(PCC/A/A dated 26.06.2009 which states that :-
"Promotions earned/financial up-gradations granted under ACP scheme in the past to those grades which now carry the same Grade Pay due to the Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 12 OA No.2049/2019 merger of the pay scales / Up-gradations of posts as per 6th CPC recommendation shall be ignored for the purpose of granting financial upgradation under the MACPS". Hence the submission made by the applicants that the MACP granted are illegal is unjustified andliable to be dismissed.".
3.5. It has been submitted that as directed by the CAT, Mumbai Bench at Nagpur a speaking order dated 08.02.2019 was issued after examining the submissions made in the Legal Notice No.MGB/Legal-Notice/01 dated 18.03.2016. The plea made by the applicants for grant of ACP-I and ACP- II with effect from 1.1.2006 on the grounds that the post of Orderly / Peon and Record Supplier have been merged does not hold good, as the post of Peon and Record Supplier have not been merged but have been upgraded to Group „C‟ in the Grade Pay of Rs.1800/- with effect from 1.1.2006 as per the recommendation of 6th CPC and later they were re-designated as Multi Tasking Staff (MTS) with effect from 01.10.2012. Since the applicants had already received upgradation un der ACP Scheme in the 5th CPC scales and the upgradation to Group C / re-designation as MTS was done as per 6th CPC recommendations, no guidelines / orders exist for revision of ACP granted between posts which were later merged / upgraded in accordance with 6th CPC recommendations.
Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 13 OA No.2049/2019 3.6. It has been submitted that the cadre structure post the implementation of 6thCPC recommendations could not be taken into account for grant of ACP which was implemented as per the 5th CPC recommendations w.e.f. 09.08.1999 and no guidelines / orders exist for revision of ACP granted between posts which were later merged / upgraded in accordance with 6th CPC recommendations. Therefore, granting of ACP-I in the scale of Tracer is illogical considering the fact that ACP are to be granted in the promotional hierarchy of posts / scales existing after implementation of 5th CPC. The applicants have pleaded to grant ACP as per the grade pay structure w.e.f. 1.1.2006, whereas, ACP is granted in the promotional hierarchy as per 5th CPC recommendations.
4. The applicants have filed rejoinder to the reply submitted by the respondents and submitted that the facts stated by the respondents are grossly misleading and illegal. It has been submitted that the post of Peon and Record Supplier were not merged but upgraded to Group „C‟ in Grade Pay of Rs.1800/- with effect from 01.01.2006 as per the recommendations of 6th CPC and later on they were redesignated as Multi Tasking Staff (MTS) with effect from 01.10.2012. Since the applicants have already received upgradation under ACP Scheme in the 5th CPC pay scales and the upgradation to Group „C‟ / re-designation as MTS was done, no guidelines / orders exist for revision of ACP granted between the posts which was Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 14 OA No.2049/2019 later merged / upgraded in accordance with 6th CPC recommendations. It has been submitted that the promotional hierarchy for Peon and Record Supplier were upgraded to Group C is LDC / Store Keeper. 4.1. It has been submitted that Ordnance Factory Board letter No.04/ACP/TRACER/ANI dated 31.01.2011 issued in pursuance with the judgments passed by the Tribunal in the case of Shri D.S. Patole vs. Union of India and Others in O.A.No.28/2004 is irrelevant and cannot be co-
related since the applicants were holding the post of Record Supplier /Daftary and not holding the post of Tracer. It has been submitted that the redesignation is made when the post was either merged with another post or it ceased to exist and/or the holder of those merged posts transferred to newly created posts. Hence the contentions of the respondents are grossly misleading and deserves to be struck down.
5. The respondents have filed their sur-rejoinder in which the submissions made in the reply have been reiterated. The respondents have given the tabulated chart of the applicants from the date of their appointment till 2012 when they were redesignated to justify that the pay fixation was correctly done and they were correctly granted Grade Pay which was granted to them.
Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
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6. During arguments the learned counsel for both the sides have argued on the basis of pleadings and no new points were raised.
7. We have carefully considered the submissions of learned counsel for both the sides and perused the pleadings and documents filed on record.
8. The case of the applicants in nutshell is that the applicant no.1 and 2 had been appointed to the post of Orderly / Peon on 01.12.1982 and 21.03.1980 respectively. The applicant no.1 had been upgraded / promoted to the post of Record Supplier on 17.04.2000. The applicant no.2 had been upgraded / promoted to the post of Record Supplier / Daftary on 19.06.2000. Thus, there is no dispute on this point that both the applicant were granted first upgradation / promotion in the year 2000. It is the case of the applicants that they were entitled to the ACP to the pay scale of Tracer as hierarchical promotion as per SRO. The post of Orderly / Peon was in Group „D‟ which was merged into Group „C‟ which is a higher scale. It is the case of the applicants that earlier promotion / financial upgradation became ineffective and they became entitled for ACP-1 with effect from 01.01.2006 on completion of 12 years and ACP-II on 19.04.2006 on completion of 24 years. It is the case of the applicants that first promotion / upgradation granted to them in the year 2000 should be ignored.
Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
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9. The respondents on the other hand have claimed that the pay scale of the Peon was Rs.2550-55-3200 and that of Record Supplier was Rs.2610-
60-4000 and these posts were not merged but upgraded to Group „C‟ in the year 2006. It has been submitted that they were made MTS with effect from 01.10.2012 and next promotional post in the hierarchy was LDC/Store Keeper. It is the case of the respondents that the applicants received upgradation under the ACP Scheme in the higher scale as per the recommendations of 5th CPC and further upgradation to Group „C‟ post by redesignating them to MTS in 6th CPC which carries higher pay scale with effect from 01.01.2006. It has been submitted that the applicants have already received financial benefits in the hierarchy existing under 5th CPC scales with effect from 09.08.1999 and further upgradation under the 6 th CPC and, therefore, the claim of the applicants that they are entitled for ACP-1 and ACP-II with effect from 01.01.2006 is incorrect and not maintainable.
10. It has been further submitted that the post of Peon and Record Supplier have not been merged but upgraded to Group „C‟ in Grade Pay of Rs.1800/- with effect from 01.01.2006 as per the recommendations of 6 th CPC and later on they were redesignated as MTS with effect from 01.10.2012 which carries higher salary. It has been further submitted that the cadre structure post on the basis of implementation of 6 th CPC Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 17 OA No.2049/2019 recommendations could not be taken into account for grant of ACP which was implemented as per the 5th CPC recommendations with effect from 09.08.1999 and no guidelines / orders exist for revision of ACP granted between posts which were later merged / upgraded in accordance with 6 th CPC recommendations. Since the applicants have already received upgradation under the 6th CPC recommendations and later they were redesignated as MTS with effect from 01.10.2012, they are not entitled for further upgradation under the ACP-1 and 2.
11. The ACP Scheme was introduced with effect from 09.08.1999 vide OM dated 09.08.1999 to mitigate the genuine hardships in case of acute stagnation in a cadre. It was decided to grant 2 financial upgradation under the ACP Scheme to Group „B‟, „C‟ and „D‟ employees on completion of 12 and 24 years of regular service. As per the ACP Scheme, isolated posts in Group „A‟, „B‟, „C‟ and „D‟ cadre which have no promotional avenues also qualifies for similar benefits. Financial upgradation under the ACP Scheme was placement in the higher pay scale and financial benefits in the higher pay scale without regular promotion. Under the financial upgrdation, grant of financial benefits under the ACP Scheme to the Government servant concerned was on personal basis. As per Para 3.1 of the OM dated 09.08.1999, the grant of financial upgradation under the ACP Scheme shall, however, be subject to the conditions mentioned in Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 18 OA No.2049/2019 Annexure-1 annexed to OM dated 09.08.1999. Thus, the purpose of ACP Scheme was to grant the financial upgradtion to the employees who were suffering due to genuine stagnation and due to lack of adequate promotional avenues.
12. We find that the applicants were appointed in the year as Orderly / Peon on 01.12.1982 and 21.03.1980 respectively were already granted the upgradation / promotion to the post of Record Supplier on 17.04.2000.
Therefore, it cannot be said that they were suffering because of stagnation. There is also no dispute that under the ACP Scheme next pay scale was that of Tracer in the hierarchical promotion as per SRO. The post of Group „D‟ in which the applicants were working was merged into Group „C‟ which carries higher scale. It is the claim of the respondents that placing them in the higher scale in Group „C‟ was 2nd promotion. It is further seen that they were again placed in the scale of MTS with effect from 01.10.2012. The applicants received financial upgradation under the ACP Scheme since 5 th CPC scale and the upgradation to Group „C‟ and re-designated to MTS as per the recommendations of 6th CPC, they have already received financial upgradation in the hierarchy existing under the 5 th CPC scale and further upgradation under the 6th CPC. The applicants‟ claim that the benefit granted to them by way of promotion in the year 2000 and higher pay scale due to abolition of Group „D‟ post and placing them in Group „C‟ and Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 19 OA No.2049/2019 further higher scale in the scale of MTS in the year 2012 should be ignored and they should be given further ACP-1 and 2 in the year 2006 is not maintainable.
13. It is interesting to note that the applicants are claiming ACP-1 and ACP-II with effect from 01.01.2006 but they have never represented to the respondents for ACP-1 and II till the year 2016 when they issued legal notice to the respondents on 18.03.2016 as no evidence has been brought on record regarding any representation made to the respondents prior to 18.03.2016.
14. The claim of the applicants that they should be granted regular promotion, ACP-1 and II and benefit under MACP by excluding the promotion granted to them in 2000 is not in accordance with the Scheme of financial upgradation under the ACP / MACP which were meant to remove the genuine hardship due to stagnation.
15. The Hon‟ble Supreme Court in the case of Union of India and Others vs. M.V. Mohanan Nair, (2020) 5 SCC 421 has held in Para 56 of the judgment as under:-
"56. The ACP Scheme which is now superseded by MACP Scheme is a matter of government policy. Interference with the recommendations of the expert body like the Pay Commission and its recommendations for the MACP Scheme, would have serious impact on the public exchequer. The recommendations of the Pay Commission for MACP Scheme Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 20 OA No.2049/2019 has been accepted by the Government and implemented. There is nothing to show that the Scheme is arbitrary or unjust warranting interference. Without considering the advantages in the MACP Scheme, the High Courts erred in interfering with the Government's policy in accepting the recommendations of the Sixth Central Pay Commission by simply placing reliance upon Raj Pal case. The impugned orders 1,2,3,4,5,6 cannot be sustained and are liable to be set aside."
16. We further find that the Hon‟ble Supreme Court in the case of Union of India and Others vs. N.M. Raut and Others, 2024 SCC OnLine SC 3873 has held in Para 13, 14 and 15 as under:-
"13. A careful reading of the aforesaid clauses / provisions reflects the objective purpose of the MACPs, that is, that an employee should not remain stagnant in the same pay scale/Grade Pay for periods of 10, 20 or 30 years. In such cases, the employee would be entitled to financial upgradation to the immediate next higher Grade Pay, as mentioned in Section 1, Part-A of the first Schedule to the CCS RP Rules. Emphasis in clause 1 is on the expression "Grade Pay".
Clause 2, similarly, states that the benefit under the MACPS is available where the eligible employee has not got regular promotion. In such cases, he/she will be given financial upgradation. However, such financial upgradation is not the same as a pay-scale / Grade Pay, which is applicable to the next promotional post in the hierarchy of the concerned cadre/organization.
14. Clause 5 states that the promotions earned/financial upgradations granted under the ACPS in the past shall be taken into account, but where there has been a merger of pay- scales/upgradation of posts recommended by the Sixth CPC, they shall be ignored for the purpose of granting upgradation under the MACPS. This has been explained by given examples A and B, which we have quoted above. At this Digitally signed by Khushboo Mittal Gupta Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 21 OA No.2049/2019 stage, we would like to clarify that clause 5 will not be applicable to the cases in question. This is not a case of merger of pay-scales or upgradation of posts. On the other hand, this is a case wherein non-functional higher Grade Pay has been awarded to employees on completion of a certain length of service in the lower pay-scale/Grade Pay. We would, therefore, reject the contention of the respondents that, on implementation of the CCS RP Rules, upgrading the pay of Pharmacists and Superintendents, post the period of two or four years , would only amount to re-fixation of pay or revision of pay, as incorrect and, in essence, a wrong understanding of the CCS RP Rules.
15. Clause 6.2 specifically states that, where financial upgradation has been granted to the next higher pay- scale/Grade Pay in the hierarchy in the cadre as per the provisions of the ACPS, but as a result of the implementation of the Sixth CPC by grant of higher pay-scale/Grade Pay, the pay of such employees has been revised, such benefit will be given to the said employees. However, from the date of implementation of the MACPS, all financial upgradations would be done under the MACPS strictly in accordance with the hierarchy of the Grade Pay in the Pay Band, as notified vide CCS RP Rules. "Regular service" for the purpose of MACPS, commences from the date of joining the post in the direct entry grade on a regular service basis either on a direct recruitment basis or on an absorption/re-employment basis."
17. The Hon‟ble Apex Court in Para 20 of the above judgment has held that financial upgradation granted earlier cannot be ignored. In Para 20 and 21, it has been held that the employees would be entitled to the benefit of MACP only after taking into consideration of the financial upgradation granted to them. It will be helpful to extract the observations of Hon‟ble Supreme Court in Para 20 and 21 of the judgment herein as under:- Digitally signed by Khushboo Mittal Gupta
Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
Date: 2025.06.21 13:12:15+05'30' Foxit PDF Reader Version: 2025.1.0 22 OA No.2049/2019 "20. In view of the aforesaid position of the MACPS, we fail to understand how we can ignore the financial upgradation, which was granted upon completion of two or four years of service in the posts of Pharmacist or Superintendent, as the case may be, for the purpose of deciding as to whether or not the Government employee would be entitled to the next financial benefit under the MACPS. To ignore the financial upgradation granted on completion of two or four years of service as Pharmacists or Superintendents, would be contrary to the intent and purpose of the scheme, the language employed as wella s the examples/illustrations which have been given. No doubt, certain anomalies may arise because of the fact that the ACPS and MACPS did operate during different periods; the nature of financial upgradations was different, but this cannot be a ground and reason to re-write or ignore the expressed language of the MACPS and the intent and purpose behind the scheme. Read in this light, we have no difficulty in accepting the present appeal and setting aside the impugned judgments. Hence, we allow the present appeals.
21. In other words, the respondents would be entitled to the benefits of the MACPS only after taking into consideration all the financial upgradations earned by them, in terms of the CCS RP Rules. Financial upgradations under the said Rules have to be accounted for and will be treated as financial upgradations earned for the purpose of reckoning the 1--year intervals and the three assured financial upgradations, in terms of Grade Pay, under the MACPS."
18. In view of the facts of the present case and the law laid down by the Hon‟ble Supreme Court in the case of N.M. Raut (supra), we do not find any merit in the claim of the applicants that they should be granted APC-1 and II with effect from 01.01.2006 by ignoring the promotion granted to them in year 2000 and also their placement in the higher scale of Group „C‟ in the year 2006.
Digitally signed by Khushboo Mittal GuptaKhushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
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19. The reliance placed on the judgments cited by the applicants are not helpful to the facts of the case as the issue has been finally decided by the Hon‟ble Apex Court in the case of N.M. Raut (supra).
20. In view of the above facts and circumstances of the case, the O.A. is found to be devoid of any merit and is liable to be dismissed. It is accordingly dismissed. There shall be no order as to costs.
21. Pending MAs, if any, stand disposed of accordingly.
(UmeshGajankush) (ShriKrishna)
Member (J) Member (A).
H.
Digitally signed by Khushboo Mittal Gupta
Khushboo Mittal DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S= Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Reason: I am the author of this document Gupta Location:
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