Kerala High Court
Beena M.G vs Union Of India on 20 February, 2026
OP(CAT) No.22 of 2024
1
2026:KER:14898
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
FRIDAY, THE 20TH DAY OF FEBRUARY 2026 / 1ST PHALGUNA, 1947
OP (CAT) NO. 22 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 10.07.2023 IN OA NO.31
OF 2019 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 BEENA M.G.,
AGED 64 YEARS
TECHNICAL OFFICER A (NOW RETIRED), NAVAL PHYSICAL
AND OCEANOGRAPHIC LABORATORY, THRIKKAKARA,
ERNAKULAM DISTRICT, PIN 682 021, RESIDING AT
MAKKAPARAMPIL HOUSE, NEAR BOMBAY STORES, TRIKKAKARA
P.O., KOCHI
2 BASIL JAMES,
AGED 58 YEARS
S/O JAMES P.V., TECHNICAL OFFICER ‘A' NOW
TECHNICAL OFFICER 'C' NAVAL PHYSICAL AND
OCEANOGRAPHIC LABORATORY, THRIKKAKARA, ERNAKULAM
DISTRICT, PIN - 682 021, RESIDING AT PULPARAMBIL
HOUSE, THRIKKAKARA, KOCHI
3 MADHUSUDHANAN S.,
AGED 56 YEARS
S/O P.G.SIVANKUTTY UNNITHAN, TECHNICAL OFFICER'A',
NOW TECHNICAL OFFICER 'C', NAVAL PHYSICAL AND
OCEANOGRAPHIC LABORATORY, THRIKKAKARA, ERNAKULAM
DISTRICT, PIN - 682 021, RESIDING AT TYPE IV/44,
NPOL QUARTERS, THRIKKAKARA, KOCHI
4 SURESH BABU V.R.,
AGED 64 YEARS
OP(CAT) No.22 of 2024
2
2026:KER:14898
S/O LATE KRISHNANKUTTY P., TECHNICAL OFFICER 'A'
NOW RETIRED AS TECHNICAL OFFICER 'C', NAVAL
PHYSICAL AND OCEANOGRAPHIC LABORATORY, THRIKKAKARA,
ERNAKULAM DISTRICT, PIN - 682 021, RESIDING AT
RADHAMANDIRAM, ENKAKKAD P.O, WADAKANCHERRY,
THRISSUR DISTRICT, PIN - 680589
5 SIVASANKARA MARAR A.C.,
AGED 61 YEARS
S/O LATE CHANDRASEKHARA MARAR, TECHNICAL OFFICER;A'
NOW RETIRED AS TECHNICAL OFFICER 'C' NAVAL PHYSICAL
AND OCEANOGRAPHIC LABORATORY, THRIKKAKARA,
ERNAKULAM DISTRICT, PIN - 682 021, RESIDING AT
NO.IX/102 SREESAILAM, V M A LANE, KUDILIMUKKU,
THRIKKAKARA
BY ADVS.
SRI.BABU CHERUKARA
SHRI.ARUN BABU
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE CHAIRMAN AND SECRETARY DRDO,
MINISTRY OF DEFENCE, DEPARTMENT OF DEFENCE RESEARCH
AND DEVELOPMENT, DRDO BHAVAN, RAJAJI MARG, NEW
DELHI, PIN - 110105
2 DIRECTOR,
DIRECTORATE OF HUMAN RESOURCES DEVELOPMENT, DEFENCE
RESEARCH AND DEVELOPMENT ORGANISATION, MINISTRY OF
DEFENCE, GOVERNMENT OF INDIA, DRDO BHAVAN, RAJAJI
MARG, NEW DELHI, PIN - 110105
3 DIRECTOR,
NAVAL PHYSICAL AND OCEANOGRAPHIC LABORATORY,
DEFENCE RESEARCH AND DEVELOPMENT ORGANISATION,
THRIKKAKARA P.O, ERNAKULAM DISTRICT, PIN - 682021
4 SECRETARY
DEPARTMENT OF EXPENDITURE, MINISTRY OF FINANCE,
GOVERNMENT OF INDIA, NORTH BLOCK, NEW DELHI, PIN -
110001
5 SECRETARY,
OP(CAT) No.22 of 2024
3
2026:KER:14898
DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF
PERSONNEL PUBLIC GRIEVANCES AND PENSION, GOVERNMENT
OF INDIA, NORTH BLOCK, NEW DELHI, PIN - 110001
6 CONTROLLER GENERAL OF DEFENCE ACCOUNTS,
MINISTRY OF DEFENCE, GOVERNMENT OF INDIA, ULAN
BATAR ROAD, PALAM, DELHI CATT, PIN - 110010
BY ADVS.
SHRI.T.C.KRISHNA, SENIOR PANEL COUNSEL
SHRI.K.S.PRENJITH KUMAR, CGC
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 13.02.2026, THE
COURT ON 20.02.2026 DELIVERED THE FOLLOWING:
OP(CAT) No.22 of 2024
4
2026:KER:14898
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present Original Petition filed under Article 227 of the Constitution of India assails the order dated 10.07.2023 passed in OA No.180/00031/2019 by the Central Administrative Tribunal, Ernakulam Bench, whereby the claim of the petitioners for a direction that the benefits of the Assured Career Progression Scheme (ACPS) and Modified Assured Career Progression Scheme (MACPS) be released to them was dismissed by the learned Tribunal.
Facts:-
2. The brief facts of the case are that the petitioners have been working in the Naval Physical and Oceanographic Laboratory (NPOL) under the Defence Research and Development Organization (DRDO) for several years. Since no promotion was granted to them for more than 12 years, they were entitled for promotion under the ACP Scheme. The petitioners approached the Central Administrative Tribunal by filing the Original OP(CAT) No.22 of 2024 5 2026:KER:14898 Application, in which the following prayer was made:
(a) Declare that the applicants are eligible for ACP and MACP Scheme benefits from their respective 12 and 20 years of service in DRDO (Defence Research and Development Organization) as they did not get any promotional financial benefits in their service during such periods.
(b) The respondents may be directed to assess the ACP and MACP Scheme benefits with interest due to the applicants and pay the same forthwith.
(c) Issue any other orders as this Hon'ble Tribunal deems fit and proper in the facts and circumstances in the case and also those are prayed for during the pendency of the O.A.
(d) Order for the entire costs.
2.1. The petitioners sought benefit of the ACP and MACP Schemes for their respective 12 and 20 years of service. The petitioners were adversely affected on implementation of 6 th pay Commission report as on 01.01.2006. On implementation of 6 th pay Commission report, the entry cadre was fixed as Senior Technical Assistant 'B' and they were provided with the salary benefit and pay scale as that of the Senior Technical Assistant 'C'. All the petitioners were officiating as Senior Technical Assistant 'C' and were serving on the post of Senior Technical Assistant 'C' having OP(CAT) No.22 of 2024 6 2026:KER:14898 more than 12 years of service. The petitioners were placed equal with that of the entry cadre Technical Assistant 'B' Salary Scale and benefit after the 6th Central Pay Commission (CPC) pay revision. Therefore, after having rendered past service as on 1.1.2006, they were not granted any promotion or the compensatory Assured Career Progression Scheme benefits, inspite of the fact that they were eligible from 01.01.2006. The learned Tribunal dismissed the Original Application, being aggrieved the present Original Petition is filed by the petitioners herein.
Petitioner's Contentions:-
3. The Learned counsel for the petitioners contended that the Tribunal erred in dismissing the Original Application without considering the fact that the petitioners were granted only designation change from the post of Technical Assistant 'C' to the post of Technical Officer 'A', where it is merely a placement to the post of Technical Officer 'A' and therefore, no promotion or OP(CAT) No.22 of 2024 7 2026:KER:14898 financial benefits were granted to the petitioners. In these circumstances, the learned Tribunal ought to have allowed the relief as sought by the petitioners for grant of ACP benefits with effect from 01.01.2006. The findings of the learned Tribunal are contrary to the rules and are therefore, liable to be set aside.
Respondent's Contentions:-
4. Per contra, the learned counsel for the respondents vehemently opposed the prayer and submitted that the learned Tribunal dismissed the Original Application on three grounds.
(i) That the claim for grant of ACP benefits from 01.01.2006 is heavily time barred inasmuch as the Original Application was filed in 2019.
(ii) It was contended that Annexure R2 clearly indicates that the petitioners were already granted one promotion to the post of Senior Technical Assistant 'C' in the payscale of Rs.6500-10500 and they have been granted upgraded pay in PB-2 + Grade Pay of Rs.4600/- with effect from 01.01.2006 within a period of 12 years OP(CAT) No.22 of 2024 8 2026:KER:14898 of service after the initial appointment on the post of JSA-II/Draughtsman-III with pay corresponding to the 5 th CPC payscale of Rs.5000-8000 before 01.01.2006. Hence, they are not eligible for any benefits.
(iii) It was contended that the DoP&T rules, schemes and notifications are not applicable to the employees of NPOL, DRDO, as per the Government of India (Allocation of Business) Rules, 1961, which specifically excludes the employees like the petitioners. Clause 2 of the extract as shown in Annexure.R3 reads as under:
"2. General questions relating to recruitment, promotion and seniority, pertaining to Central Services except Railways Services and services under the control of the Department of Atomic Energy, the erstwhile Department of Electronics, the Department of Space and the Scientific and Technical Services under the Department of Defence, Research and Development."
4.1. From perusal of the aforesaid, it is seen that the DoP&T circulars are not applicable to the employees of DRDO, NPOL. In view of the aforesaid submissions, the learned Tribunal has not OP(CAT) No.22 of 2024 9 2026:KER:14898 committed any error so as to interfere with the order of the Tribunal. The Original Petition is liable to be dismissed.
Discussion & Analysis:-
5. Heard learned counsel for the parties appearing on both sides and perused the records.
6. The operative portion of the order of the learned Tribunal passed in OA No.180/00031/2019 reads as under:
18. We have considered all the above differing contentions and it is clear to us at the outset that the matter should have been taken as time barred as the applicants are praying for grant of the ACP Scheme with effect from 01.01.2006 n an O.A which has been filed by them as late as in January. 2019. Even if we overlook the prayer as barred by limitation on the basis of continuing cause of action, the facts that have been brought by the respondents, especially in Annexure R-2, clearly indicate that at least one promotion has been enjoyed by the applicants to the post of Senior Technical Assistant 'C' in pay scale Rs.6500-10500 and they have been granted upgraded pay in PB-2 plus GP Rs.4600/- with effect from 01.01.2006 within a period of 12 years of service after their initial appointment in the post of JSA-II/Draughtsman III with pay corresponding to the 5th CPC pay scale of Rs.5000-8000 before 01.01.2006.
Hence, they are not eligible even on this ground under the guidelines of the ACP Scheme to be granted the OP(CAT) No.22 of 2024 10 2026:KER:14898 first financial upgradation. Further, they have been already granted the second financial upgradation under the MACP Scheme with effect from their due dates in light of the Court orders as well as following DoP&T's instructions in case of FCS beneficiary employees as brought out in the reply statements.
19. Scheme to a class of DRDO employees who were not eligible, ab initio, nor who had approached this Tribunal in time, would be not reasonable. Further, no specific case has been made of any malafide or any other consideration in the matter. The fact remains that DRTC employees of the DRDO were not covered mutatis mutandis under the normal DoP&T rules on such schemes which are applicable to other Central Government employees. The Allocation of Business Rules, 1961 have makes this clear by excluding the scientific and technical services under the DRDO from aspects such as recruitment, promotion and seniority. Hence even on these grounds, we do not think that there has been any case made for extending, at this late stretch of time, the benefits of the already much expired ACP Scheme.
20. Hence, due to the above facts and reasonings, we are not in a position to allow the O.A. The O.A. is dismissed accordingly. No order as to costs.
6.1. On perusal of the aforesaid operative portion, we find that the learned Tribunal has considered each and every aspect of the matter and came to the conclusion that the Original OP(CAT) No.22 of 2024 11 2026:KER:14898 Application is heavily time barred with a delay of more than 15 years. No explanation has been put forth for the delay in the Original Application neither in the Original Petition. So far as stagnation is concerned, one promotion has already been granted to the petitioners within 12 years. Therefore, they would not be eligible for any benefits under the ACP Scheme. We also find that the employees of the DRDO, NPOL are excluded by Annexure R3, and they are not covered under the DoP&T notification/rules/policy. In view of the aforesaid, we do not find any error in the order passed by the learned Tribunal.
Accordingly, the Original Petition being bereft of merit and substance is hereby dismissed. No order as to costs.
SD/-
SUSHRUT ARVIND DHARMADHIKARI JUDGE SD/-
P. V. BALAKRISHNAN JUDGE Nsd OP(CAT) No.22 of 2024 12 2026:KER:14898 APPENDIX OF OP (CAT) NO. 22 OF 2024 PETITIONER ANNEXURES Annexure-A1 in TRUE COPY OF THE REPRESENTATION DATED 18- Exhibit P2 12-2017 SUBMITTED BY THE 1ST APPLICANT TO THE RESPONDENTS 1 TO 3.
Annexure-A1(a) in TRUE COPY OF THE REPRESENTATION DATED 21- Exhibit P2 12-2017 SUBMITTED BY THE 2ND APPLICANT TO THE RESPONDENTS 1 TO 3 Annexure-A1(b) in TRUE COPY OF THE REPRESENTATION DATED 21- Exhibit P2 12-2017 SUBMITTED BY THE 3RD APPLICANT TO THE RESPONDENTS 1 TO 3 Annexure-A1(c) in TRUE COPY OF THE REPRESENTATION DATED 12- Exhibit P2 02-2018 SUBMITTED BY THE 4TH APPLICANT TO THE RESPONDENTS 1 TO 3 Annexure A1(d) in TRUE COPY OF THE REPRESENTATION DATED 11- Exhibit P2 01-2018 SUBMITTED BY THE 5TH APPLICANT TO THE RESPONDENTS 1 TO 3 Annexure A2 in TRUE COPY OF THE A.C.P. SCHEME WHICH Exhibit P2 BEARS THE O.M.NO.35034/197 ESTT (D). & DOP&T DATED 9-08-1999 Annexure A3 in TRUE COPY OF THE M. A. C. P. SCHEME Exhibit P2 35034/3/2008-ESTT.(D) OF D O P & T DATED 19-05-2009 Annexure A4 in TRUE COPY OF THE ORDER IN Exhibit P2 O.A.NO.1020/2013 OF C A T, BANGALORE BENCH DATED 08-01-2016 Annexure A5 in TRUE COPY OF THE JUDGMENT IN W.P.(C) NOS. Exhibit P2 61691/2016 & 61692/2016 OF THE HON'BLE HIGH COURT OF KARNATAKA AT BANGALORE DATED 13-02-2017 Annexure A6 in TRUE COPY OF THE PRINT OUT JUDGMENT IN Exhibit P2 SPECIAL LEAVE PETITION 016823 AND 016824/2017 OF THE HON'BLE SUPREME COURT OF INDIA DATED 06-07-2017 Annexure A7 in TRUE COPY OF THE ORDER IN O.A. NO. Exhibit P2 1098/2014 OF THE C A T, CUTTACK BENCH DATED 25-05-2018 Annexure R1 in TRUE COPY OF THE LETTER NO. Exhibit P3 DHRD/76066/OA-1019-1020/2013/ADE/C/M/01/8 64/2019/D (R & D) DATED 07-06-2019. Annexure R2 in TRUE COPY OF DETAILS OF PROMOTIONS OP(CAT) No.22 of 2024 13 2026:KER:14898 Exhibit P5 SECURED BY THE APPLICANTS. Annexure R3 in TRUE COPY OF EXTRACT FROM GOVERNMENT OF Exhibit P7 INDIA (ALLOCATION OF BUSINESS) RULES, 1961.
Annexure R4 in TRUE COPY OF EXTRACT OF DEPARTMENT OF Exhibit P7 PERSONNEL AND TRAINING O.M. NO. AB-
14017/37/2008-ESTT(RR) DATED 10-09-2010 ON MFCS, INDICATING THE APPLICABILITY OF MACPS TO SCIENTISTS COVERED UNDER FLEXIBLE COMPLEMENTING SCHEME.
Exhibit P1 TRUE COPY OF THE ORDER IN O.A.NO.
180/00031/2019 DATED 10-07-2023 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
Exhibit P2 TRUE COPY OF THE O.A.NO. 180/00031/2019 DATED 31-12-2018 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. Exhibit P3 TRUE COPY OF THE STATEMENT FILED BY THE RESPONDENTS IN O.A. NO. 31/2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 28-06-2019 Exhibit P4 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS IN O.A. NO. 31/2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH DATED 31-08-2019 Exhibit P5 TRUE COPY OF THE ADDL. REPLY STATEMENT FILED BY THE RESPONDENTS IN O.A. NO.
31/2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 12-03-2020 Exhibit P6 TRUE COPY OF THE ADDL. REJOINDER FILED BY THE APPLICANTS IN O.A. NO. 31/2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 28-09-2020 Exhibit P7 TRUE COPY OF THE SECOND ADDL. REPLY STATEMENT FILED BY THE RESPONDENTS IN O.A. NO. 31/2019 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 09-07-2021