Central Administrative Tribunal - Jabalpur
Babu Rao vs M/O Defence on 24 April, 2026
1 OA 200/299/2015
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/299/2015
Jabalpur, this Friday, the 24th day of April, 2026
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. Babu Rao (Senior Fireman), S/o Garibiya Patil, Date of Birth 13.04.1959,
R/o Tandon Camp 112/01, Amla, District Betul - 460553 (MP).
2. Raja Ram (Senior Fireman), S/o Tuka Ram, Date of birth 01.07.1957,
R/o Vill + PO - Sasavad, Tehsil - Amla, District Betul - 460553 (MP).
3. Suresh Kumar (Senior Fireman), S/o Shri Sevanlal, Date of birth
22.03.1963, R/o Village Sasawad, Tehsil Amla, P.O. Sasawad, District
Betul - 460553 (MP).
4. Gangaram (Senior Fireman), S/o Shri Babulal, Date of birth 22.06.1962,
R/o Ward No.18, Amla, District Betul - 460553 (MP).
5. Smt. Urmila Saratkar, W/o Late Shri Sarwan Saratkar, DOB: 15.12.1963,
R/o P/99/1 Tandon Camp, Bodkhi, Amla, Amla Depot, Betul (M.P.) -
460553.
6. Bhuta Singh (Senior Fireman), S/o Shri Gulab Singh, R/o Qr. No.126/02,
Amla Depot, District Betul - 460553 (MP).
7. Smt. Anusaya Makode, W/o Late Shri Kamlesh Kumar Makode, DOB:
11.08.1967, R/o - House No.124/4, Ward No.15, Near Hanuman Mandir,
Tandon Camp, Amla, Amla Depot, Betul (M.P.) - 460553.
8. Omkar (Senior Fireman), S/o Ghanshyam, Date of birth 01.07.1962, R/o
Vill + PO - Sasavad, Tehsil - Amla, District Betul - 460553 (MP).
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2 OA 200/299/2015
9. Sudesh Kumar (Senior Fireman), S/o Bansi Lal, Date of Birth
16.03.1960, R/o Vill + PO - Sasavad, Tehsil - Amla.
10. Madhu Lal (Senior Fireman), S/o Buddu Lal, Date of birth 20.04.1964,
R/o Tandon Camp 117/01, Amla, District Betul - 460553 (MP).
11. Kesho Ram (Senior Fireman), S/o Shri Shyamrao, Date of birth
3.7.1959, R/o Tandon Camp Qr. No.99/02, Amla Depot Post Office,
District Betul - 460553 (MP).
12. Nathu Ram (Senior Fireman), S/o Shri Govind Yadav, Date of birth
6.7.1962, R/o Ward No.7, Bhawani Nagar, Amla, District - Betul - 460553
(MP).
13. Uttam Singh (Senior Fireman), S/o Shri Mangilal Dhurve, Date of birth
9.6.1963, R/o 124/04, Amla Camp, District Betul - 460553 (MP).
-Applicants
(By Advocate - Shri Akash Choudhury)
Versus
1. Union of India through its Secretary, Ministry of Defence, South Block,
New Delhi - 110001.
2. Air Officer Commanding, 28 ED Air Force Station, Amla Depot P.O.
District Betul - 460553 (MP).
3. Deputy Controller of Defence Accounts, Central Account Office Subroto
Park, Air Force (HQ), New Delhi - 110001.
4. Joint Controller of Defence Accounts, O/o Joint Commissioner, Vayu
Sena Nagar, Nagpur-07 (M.S.).
5. Air Force Central Account Office (AFCAO), Central Account Office
Subroto Park, Air Force (HQ), New Delhi - 110001.
-Respondents
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3 OA 200/299/2015
(By Advocate - Shri Surendra Pratap Singh)
(Date of reserving order : 19.02.2026)
ORDER
By Mallika Arya, AM.-
The applicants are aggrieved on account of withdrawal of Grade Pay of Rs.4200/- granted to them under 3rd MACP. They are also aggrieved with the recovery made from them in pursuance to withdrawal of Grade Pay of Rs.4200/-.
2. The applicants have stated in their Original Application that they were initially appointed to the post of Fireman Grade-II w.e.f.10.02.1982 in the pay scale of Rs.200-250. Thereafter, they were promoted from the post of Fireman Grade-II to Fireman Grade-I on 01.03.1991 and their basic pay was fixed in the pay-scale of Rs.825-1200 at Rs.940/-. Consequent upon recommendation of 5th CPC implemented w.e.f.01.01.1996, the pay scale of the applicants was revised to Rs.2750-4400 and they were fixed at a basic pay of Rs.3170/-. Thereafter, on the recommendations of the 6th CPC, the pay of the applicants was fixed at Rs.5200-20200 with Grade Pay of Rs.1900/- w.e.f.01.01.2006. The applicants were granted the benefit of ACP-II after completion of 24 years of service w.e.f.10.02.2006 in the Pay Page 3 of 9 ANUPAM2026.04.28 13:01:21 MISHRA +05'30' 4 OA 200/299/2015 Band of Rs.5200-20200 with Grade Pay of Rs.2800/-. They were subsequently given MACP-III in the Pay Band of Rs.9300-34800 plus Grade Pay of Rs.4200/- w.e.f.10.07.2012. The same was granted to the applicants in pursuance of the order dated 26.07.2010 (Annexure A-1). 2.1 Certain senior employees to the applicants have filed litigation before this Tribunal seeking stepping up of pay at par with their juniors and due to the objection raised by those employees, the entire pay fixation of the applicants have been unilaterally altered, without affording any opportunity to the applicants.
3. In their reply, the respondents have stated that as per ACP scheme, financial upgradations are to be granted to the scale of pay of promotional post. On the date of grant of ACP-II, the employees were holding Fireman Post (PB-I plus GP Rs.1900/-). The promotional post of Fireman is Leading Fireman (PB-I GP Rs.2000/-). Therefore, under ACP scheme, they were eligible for grant of PB-I plus GP of Rs.2000/- and not GP of Rs.2800/-, which was erroneously granted to them. Similarly, benefit under MACP was erroneously granted to the applicants in the higher scale of pay. Later on, some of seniors to the applicants represented that their Grade Pay Page 4 of 9 ANUPAM2026.04.28 13:01:21 MISHRA +05'30' 5 OA 200/299/2015 has been fixed less than their juniors and they requested for fixation of the same at par with their juniors. Matter was taken up with the higher authorities for a clarification, who clarified that grant of Grade Pay of Rs.4200/- to the applicants was erroneous. Consequent to the notification of CDS Rules (RP) Rules, 2008, some modifications were made in the earlier ACP scheme and new scheme MACP was introduced w.e.f.01.09.2008. However, the provisions of ACP scheme were in force till 31.08.2008. 3.1 As per policy of the DoP&T issued vide OM dated 19.05.2009, if any employee is eligible for any financial upgradation, benefit in terms of ACP scheme between the period from 01.01.2006 to 31.08.2008, has to be granted in the revised pay scale of next promotional post in the hierarchy.
4. The applicants have filed rejoinder to the reply filed by the respondents reiterating that they have been rightly granted the Grade Pay of Rs.4200/-. The applicants has also stated that the recovery made from them is illegal in view of the law laid down by the Hon'ble Apex Court in State of Punjab and others vs. Rafiq Masih (Whitewasher) & others, (2015) 4 SCC 334.
5. Learned counsel for the applicants submits that no opportunity of hearing was granted to the applicants before downgrading their pay and the Page 5 of 9 ANUPAM2026.04.28 13:01:21 MISHRA +05'30' 6 OA 200/299/2015 decision to reduce the Grade Pay of the applicants was taken unilaterally. He has placed reliance on a decision of Ernakulam Bench of this Tribunal in Original Application No.180/00668/2016 dated 10.01.2022. Learned counsel for the applicants have also relied on a decision of Principal Bench of this Tribunal in OA No.1447/2017 dated 24.08.2018.
6. On the other hand, learned counsel for the respondents has submitted that the representation of some of the applicants was duly considered and decided vide the order dated 18.02.2015 (Annexure R-3).
7. We have heard the learned counsel for the parties and perused the pleadings and the documents available on record.
8. We find that the order dated 11.06.2017 (Annexure R-1) is a self explanatory order, which resolves the controversy involved in this Original Application. It is relevant to quote the entire portion of the order, which is as under:
"ANMOALIES ON PAY FIXATION OF FIRE FIGHTING CADRES
1. Please refer to your DO letter No.28ED/233/2/PC dated 21 May 2014 addressed to ACAS (PA&C) on the subject matter.
2. The case has been examined keeping in view of the structure of Fire Fighting cadre before and after 6th CPC recommendation and provisions of ACP/MACP Scheme.Page 6 of 9
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3. The structure of Fire Fighting Staff (before and after 01 st Jan 2006) is given as under:
As per 5th CPC As per 6th CPC (before 01st Jan 2006) (on or after 01st Jan 2006) Name of the Pay Scale Revised Pay Band & Post Nomenclature Grade Pay (1) (2) (3) (4) Fireman Gr.II Rs.2650-400 Fireman Rs.2750-4400 Firemen PB-1 Grade Fire Engine Rs.3050-4590 Pay Rs.1900 Driver Fire Engine Driver Leading Hand Rs.3050-4590 Leading PB-1 Grade Fireman Fireman Pay Rs.2000 Supervisor Rs.4000-6000 (Fire) Station Officer PB-1 Grade Fire Master Rs.4500-7000 Pay Rs.2800
4. Consequent to notification of CDS (RP) Rules, 2008, some modification were also made in the earlier ACP Scheme and a new Scheme i.e. MACP Scheme has been introduced w.e.f. 01 Sept 2008. However, the provision of earlier ACP Scheme was in force till 31 Aug 2008. As per DoP&T policy, if any employee is eligible for any financial upgradation benefit in terms of ACP Scheme between the period from 01 Jan 2006 to 31 Aug 2008, the same has to be granted in the revised pay scale of next promotional post in the hierarchy. The same was duly clarified vide para-7 of Air HQ letter No. Air HQ/23049/JCM/PC-4 dated 16 Sep 2011 issued exclusively for Fire Fighting cadre of IAF. Therefore, the benefits under ACP Scheme are to be granted as per Pay Band & Grade Pay mentioned at Column-4 of the above table.
5. It appears that Shri Ganga Ram was due for benefit under ACP Scheme after completion of 24 years of services on 10 Feb 2006. On that date, he was holding the post of Fireman Gde. I (re-designated as Fireman), in the Pay Band-1 and Grade Pay of Rs.1900. Therefore, he was eligible for ACP benefit to the pay scale of Leading Fireman, which is promotional post of Fireman. The pay scale of Leading Fireman post is PB-1 & Grade Pay Rs.2000. Therefore, the grade pay of Rs.2800 in PB-1 granted to Shri Ganga Ram under ACP Scheme is not correct and in contravention of ACP policy.
6. Further, after introduction of MACP Scheme w.e.f. 01 Sep 2008, Shri Ganga Ram has to be granted one more financial upgradation under MACP Page 7 of 9 ANUPAM2026.04.28 13:01:21 MISHRA +05'30' 8 OA 200/299/2015 Scheme in the hierarchy of grade pay i.e. PB-1 and grade pay Rs.2400, after ignoring his promotion from the erstwhile grade of Fireman Gde-II to Fireman Gde (as these posts got merged). Thereafter, on completion of 30 years of service on 10 Feb 2012, he has to be granted one benefit (3rd financial upgradation) under MACP Scheme to the grade pay of Rs.2800.
7. If the above mentioned procedure had been followed, there would be no case of anomaly in pay of senior & junior employees. Moreover, the pay details of Shri Laxman Singh as shown against 3rd MACP benefits in comparative statement need to be re-conciled as during the period from 01.09.2008 to 15.09.2010, the individual was eligible for two annual increments i.e. on 01.07.2009 & 01.07.2010. However, the same pay details have been shown against 01/09/2008 & 15/092010."
9. The respondents have thus clarified that under the ACP Scheme, the pay scale had to be revised to the next promotional post in the hierarchy while under the MACP Scheme, financial upgradation is granted in the next hierarchy of Grade Pay. The pay scale of Leading Fireman, which is the promotional post of Fireman carries the Grade Pay of Rs.2000/-, consequent upon merger. As such, under the ACP scheme, the financial upgradation was to be granted in the Grade Pay of Rs.2000/- and not Rs.2800/-, as given to the applicants. Similarly, under the provisions of MACP, the applicants were entitled to get the Grade Pay of Rs.2800/-, which is the next hierarchal Grade Pay of the post of Leading Fireman, whereas they have been given the Grade Pay of Rs.4200/-. This is in contravention to the provisions of MACP. Thus, we find no illegality in the action taken by the respondents in revising the pay of the applicants.
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10. So far as the recovery ordered in pursuance to the revision of pay of the applicants, the applicants have relied on a decision of Hon'ble Supreme Court in Rafiq Masih (supra). However, they have not been able to establish their case as to under which clause of the judgment, their case is covered. The applicants were very much in service at the time of revision of their pay. The respondents have stated in their reply that the applicants have not made any protest against the order of recovery. They have only prayed to recover the excess amount in easy instalments. This request of the applicants was duly acceded by the respondents.
11. In view of the aforesaid, we are of the considered view that this Original Application filed by the applicants lacks merit and deserves to be dismissed. Accordingly, this Original Application is dismissed. No order as to costs.
(Mallika Arya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
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