Central Administrative Tribunal - Jabalpur
Smt Aruna Thakur vs M/O Defence on 15 May, 2025
1 OA No.200/851/2014
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/851/2014
Jabalpur, this Thursday, the 15th day of May, 2025
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Smt. Aruna Thakur, W/o Shri Ajay Thakur, aged about 49 years, resident
of 11, Parsi Graveyard, Sarkari Kuan, Jabalpur 482001.
2. Shivdayal Dharam, son of Late Shyamlal, aged about 56 years, resident
of Quarter No.122/5, Tute Line, G.C.F. Estate, Jabalpur 482001.
3. Smt. Tulsa Namdeo, Wd/o Late Ramsajeevan Namdeo, aged about 66
years, resident of 2050, Sanjay Gandhi Ward, Besides Deepak Dairy,
Kanchghar, Jabalpur.
-Applicants
(By Advocate - Shri Beerendra Kumar Pandey along with Shri Naveen
Kumar Salunke)
Versus
1. Union of India through Secretary, Ministry of Defence & Supplies, South
Block, New Delhi 110001.
2. Chairman, Ordnance Factories Board, Ayudh Bhavan, 10-A, Shahid
Khudiram Bose Road, Kolkata (West Bengal) 700001.
3. Senior General Manager, Gun Carriage Factory, Jabalpur 482001.
4. Officer in Temporary Charge, Gun Carriage Factory, Jabalpur 482001.
-Respondents
(By Advocate - Shri A.P. Khare)
(Date of reserving order : 09.04.2025)
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2 OA No.200/851/2014
ORDER
By Akhil Kumar Srivastava, Member (J).
The applicants are challenging the order dated 05.06.2014 (Annexure A-6), whereby the respondents have refused to extend the benefit of 2 nd ACP to the applicants.
2. This is the second round of litigation before this Tribunal. Earlier, the applicants and other four employees had preferred an Original Application No.200/203/2014, which was disposed of vide order dated 27.03.2014 directing the respondents to consider and decide the representation of the applicants, within a period of 60 days. In pursuance thereof, while the other four similarly situated persons have been extended the benefit of 2 nd MACP, the respondents have denied to extend the said benefits to the applicants on the ground that the post of Tracer was the feeder post of Chargeman till 20.04.2006.
3. Brief facts of the case are that the applicant No.1 was appointed as Record Supplied on 27.07.1982 and was given the benefit of 1st ACP in the year 1999. The applicant No.2 was appointed as Fireman Grade II on 01.01.1983 and was granted promotion to the post of Record Supplier. Since the post of Fireman Grade II was merged with the post of Record Page 2 of 6 ANUPAM2025.05.27 12:10:58 MISHRA +05'30' 3 OA No.200/851/2014 Supplier, the said promotion was not considered as promotion and the benefit of 2nd ACP was given to him in the month of September, 1999. Similarly, the applicant No.3 was also appointed on the post of Record Supplier on 24.07.1984 and was granted 1 st ACP in the year 1999. As the applicants had already completed 24 years of service prior to introduction of MACP scheme, they were entitled to receive the benefit of 2 nd ACP. 3.1 That, after implementation of the CPWD arbitration award, the pay scale of different posts were revised and as the pay scale of Tracer had become equivalent to the post of Draughtsman and the pay scale of Dragugtsman had become equivalent to the post of Chargeman Grade II, the Ministry of Defence instead of redesignating the same as Draughtsman, decided to abolish the post of Tracer.
3.2 Some identically placed employees had filed an Original Application No.634/2013 before the Principal Bench of this Tribunal, which was disposed of on 22.10.2013 to grant 1st and 2nd financial upgradations to the applicants therein.
3.3 The respondents have extended the benefit of 2nd ACP to some of the applicants except the present applicants on the ground that the promotion to Page 3 of 6 ANUPAM2025.05.27 12:10:58 MISHRA +05'30' 4 OA No.200/851/2014 the post of Chargeman Grade II was in force till 20.04.2006 and as the applicants have completed their 24 years of service thereafter, they are not entitled for grant of 2nd ACP.
3.4 The applicants submit that the Ministry of Defence vide order dated 21.11.2012 (Annexure A-7) directed that the Tracers can be considered for promotion to the post of Chargeman Grade II and the respondents have given promotions to several Tracers to the post of Chargeman Grade II with retrospective effect.
4. In their reply, the respondents have stated that while issuing letter dated 21.11.2012 (Annexure A-7), the Board had clarified that on the date of conversion of the post of Draughtsman, Existing Tracers can be considered for promotion to the post of Chargeman Grade-II till 20.04.2006 in compliance with the order of Principal Bench in OA No.2179/2008 dated 24.04.2009. Therefore, the incumbents holding the post of Tracer available in the organisation till 20.04.2006 have been converted to Chargeman Grade-II. Neither the applicants were holding the post of Tracer at the time of said consideration nor completed 24 years of service for consideration under 2nd ACP in the Grade Pay of Rs.4200/-.
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5. We have heard the learned counsel for the parties and perused the pleadings and the documents available on record. Also gone through the written submission supplied by learned counsel for the applicants and the case law cited therein.
6. It is evident from the record that after publication of SRO-54 dated 20.04.2006 for the posts of Sr. Data Entry Operator, Photographer and Cook, the post of Draughstman and Tracer were deleted from the SRO-14-E of 1989. In the present case, the applicants were holding the post of Record Supplier as on 20.04.2006 and even though they were not holding the post of Tracer as on 20.04.2006, the fact of the matter remains that they had already completed 24 years of service on or before 20.04.2006 as they were appointed on 27.07.1982, 01.01.1983 and 24.07.1984 respectively. We also find that one similarly placed employee Smt. Madhu Malti Tyagi had already been extended the benefit of 2nd ACP in the Grade Pay of Rs.4200/- by the respondents, the fact which has not been refuted by the respondents. Hence, the present applicants are also entitled for similar relief.
7. In the result, this Original Application is allowed and the respondents are directed to grant 2nd ACP to the applicants in the Grade Pay of Rs.4200/- Page 5 of 6
ANUPAM2025.05.27 12:10:58 MISHRA +05'30' 6 OA No.200/851/2014 in place of Rs.2400/-. However, the applicants in this case shall be granted the arrears from three years prior to the date of filing this Original Application, which is 30.09.2014. No interest shall be payable.
(Mallika Arya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
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