Central Administrative Tribunal - Chandigarh
Satpal Singh vs M/O Defence on 13 October, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.1238/HP/2013 and
1113/HR/2013
PRONOUNCED ON: 13.10.2025
RESERVED ON: 12.09.2025
CORAM:
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
O.A. No.1238/HP/2013
1. Kalyan Singh S/o Late Amar Chand, IDAS DCDA (Retd.), aged 62
years, resident of Tika Lehsar, Yol, PO-Yol Camp, Teh.
Dharamshala, Distt. Kangra(H.P.).
2. Harnam Singh, IDAS ACDA(Retd) aged 62 years, resident of
Village Upper Barol, PO-Dari, Teh. Dharamshala, Distt.
Kangra(H.P.).
3. Kamlesh Sarin, IDAS ACDA(Retd), resident of Village Narwana,
PO- Yol Camp, Teh. Dharamshala, Distt. Kangra(H.P.).
4. Rajesh Sharma IDAS ACDA(retd), resident of H. No. 101, Lane 4,
New Dhashmesh Nagar, PH-II, PO- Ladhewali, Jallandhar-144007.
5. Hansraj Sharma, IDAS ACDA (Retd), resident of Village Chhudra,
PO- Matti, Teh. Salooni, Distt. Chamba(H.P.).
6. SJ Raina, IDAS ACDA(Retd), resident of H. No. 3,0 Astha Enclave,
Near Gilco Valey, Kharar, Punjab.
7. B L Kaul, IDAS ACDA (Retd), resident of 26 Buta Nagar, Near
Kehar Singh Manhas, Paloura, Jammu.
8. Purab Singh, IDAS DCDA(Retd), resident of Narwana Khas, PO-
Yol Camp, Teh. Dharamshala, Distt. Kangra(H.P.).
9. Smt. Krishna widow and legal heir of Late Sh. R R Chauhan, IDAS
DCDA(Retd), resident of Tika Lehsar, Yol, PO-Yol Camp, Teh.
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Dharamshala, Distt. Kangra (H.P.)
10. Baldev Raj IDAS DCDA(Retd), resident of 21, King Colony, Green
wood Avenue, Mithapur, Jallandhar.
.... Applicants
(By Advocate: Sh. Jagdeep Jaswal).
Versus
1. Union of India through Secretary to Govt. Ministry of Defence,
South Block, New Delhi.
2. Controller General of Defence Accounts, Ulan Batar Road, Delhi
Cantt. 110010
....Respondents
(By Advocate: Sh. Sanjay Goyal, Sr. CGSC).
2. O.A. No.1113/HR/2013
1. Satpal Singh, IDAS ACDA (Retd), S/o Sh. Faqiar Chand, aged 63
years, resident of H.No. 874, Sector 9, Panchkula.
2. H.S. Sodhi, IDAS ACDA (Retd), aged 63 years, resident of H.No.
613, Sector 48-A, Chandigarh
3. Darshan Lal, IDAS ACDA (Retd), resident of H.No. 65/16, Sector
9, Badala Road, Kharar.
4. Surinder Singh. IDAS ACDA(retd), resident of H.No. S-10, Sector
127, Greater Mohall, Kharar.
5. Nar Singh Das, IDAS Jt.CDA(Retd), resident of H.No. 2161/1,
Sector 45-C, Chandigarh.
6. T.S. Verma, IDAS Dy.CDA(Retd), resident of S-10, Sector 127,
Greater Mohali Kharar. (deleted vide order dated 19.09.2013)
7. R.P. Mittal, IDAS ACDA(Retd), resident of Flat No. 102, G.H.7,
Sector 20, Panchkula.
8. S.R. Bhardwaj, IDAS ACDA(Retd), resident of H.No. 459/2, Sector
44-A, Chandigarh.
9. Surinder Mohan, IDAS Dy.CDA(Retd) resident of H.No. 416, Badal
colony, Zirakpur.
10. Vir Singh, IDAS Dy.CDA(Retd), resident of H.No. 11, Harmilap
Nagar, Baltana (Pb.) (deleted vide order dated 19.08.2013)
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11. D.S. Dheer, IDAS ACDA(Retd), resident of D-505, Ivory Towers
Sector 70, Mohali
12. Phool Chand, IDAS ACDA(Retd) resident of Village Moujgarh, P.O.
Barara, Distt. Ambala.
13. R.K. Singh, IDAS ACDA(Retd), resident of Thakur Niwas, Near
Paradise INN Wakna Ghat, Distt. Solan (HP).
14. Dip Chand Gupta, IDAS Dy.CDA(Retd), resident of H.No. 778,
U.E., Phase I, Patiala.
15. Balbir Singh, IDAS ACDA(Retd), resident of VPO Ratangarh, Distt.
Rup Nagar (Pb.)
16. Dharam Singh, IDAS ACDA(Retd), resident of H.No. 1309, Sector
10, Panchkula.
17. Dharminder Dutt, IDAS ACDA(Retd), resident of SC Green View
Apartment, Badal Colony, Zirakpur (Pb.)
18. Didar Singh, IDAS Dy. CDA(Retd), resident of H.No. 501A, Street
No. 9, Ghuman Nagar, Patiala (Pb.) (deleted vide order dated
19.08.2013)
19. Paramjit Singh, IDAS ACDA(Retd), resident of H.No. G-128,
Govind Nagar, Model Town Patiala (Pb.
20. R.S.Seraik, IDAS ACDA(Retd), resident of Sunview, Opposite
Durga Mandir, Engine Garh, Shimla (HP).
21. Vijendra Pal Bansal, IDAS ACDA(Retd), resident of House No 38
A/14, Savitiri Enclave, Zirakpur (Pb).
22. L.P. Naithani, IDAS ACDA(Retd), resident of House No 213, NK
Sharma Road, Badal colony, Zirakpur (Pb).
23. (By Advocate: Sh. Jagdeep Jaswal).
Versus
1. Union of India through Secretary to Govt., Ministry of Defence,
South Block, New Delhi.
2. Controller General of Defence Accounts, Ulan Batar Road, Delhi
Cantt. 110010
....Respondents
(By Advocate: Sh. Sanjay Goyal, Sr. CGSC).
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ORDER
PER: MRS. RASHMI SAXENA SAHNI, MEMBER (A)
1. These two OAs have been heard together and are being disposed of by a common order as facts and relief claimed therein are same. For convenience, facts are being taken from the case of Kalyan Singh & Ors. vs. UOI & Ors. (O.A. No.1238/HP/2013).
2. Present original application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking following relief:-
i) That both the Impugned orders dated 31.5.2013(A-1) denying the applicants benefit of STS pay scale in accordance with judgment passed by the Hon'ble Madras Bench and upheld by the Hon'ble Madras High Court be quashed and set aside being illegal, arbitrary, unjust and violative of Article 14 and 16 of the Constitution of India.
ii) That respondents be directed to grant the benefit of STS pay scale i.e. Rs. 10000-325-15200 (revised to PB-3 in the pay band of Rs. 15600-39100 with grade pay Rs. 6600/-) to the applicants w.e.f. the date they were promoted as ACDA's In the cadre of IDAS with further promotion as Junior Administrative Grade after five years service in STS grade with all consequential benefits of pay fixation, arrears of pay fixation with further benefits of revision of their retiral benefits from the date they have been retired from service.
iii) That respondent be further directed to grant the applicant Interest @ 12% p.a. on the amount calculated as per relief no. (ii) in as much as it is the respondent who have denied the aforesaid benefit to the applicant for such a long period and even after judgment passed by the Hon'ble Madras Bench and upheld by the Hon'ble Madras High Court same benefit has been denied to the applicants.
3. Facts of the case, as projected in the O.A. by the applicants are that applicants no. 1 to 8 and 10 are retired officers and have served respondent No.2 on various posts such as Auditors, Section Officer (Accounts), Assistant Accounts KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 5 Officer, Accounts Officer, Sr. Account Officer and Assistant Controller of Defence Account (JTS), Dy. Controllers and Jt. Controllers of Defence Accounts. Applicant no. 9 is widow of Late Sh. R. R. Chauhan, DCDA and is claiming similar benefits as admissible to her as legal representative of Late Sh. R. R. Chauhan, who is similarly situated to applicants no.1 to 8.
4. Applicants were recruited as Auditors in Defence Accounts Departments. The promotion to the next post i.e. Section Officer (Accts) is based on qualifying the departmental SAS exam which is conducted on all India basis. Thereafter, the Section Officers are promoted as Asst. Accounts Officer. Further, promotion from AAO (Asstt. Accounts Officer) is to Accounts Officer and thereafter as Sr. Accounts Officer. The recruitment to ACDA (Asstt. Controller of Defence Accounts) in the cadre of IDAS is in Jr. Time Scale. The recruitment to ACDA is made partly from Group 'B' Officers i.e. Sr. Accounts Officers and partly by direct entry of I.D.A.S. through U.P.S.C. The Direct Recruits discharge their duties as ACDA I/C (Appendix-I to para 367 of office Manual Part-I) for a period of 2 to 3 years. Thereafter, they are promoted as Dy. Controller of Defence Accounts in the pay scale of 15600- 39100 with Grade Pay of Rs.6600/- in PB-3 (revised w.e.f. 01.01.2006) whereas the ACsDA in Jr. Time Scale of IDAS KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 6 (Promotee officers) promoted from the post of Sr. Accounts Officer are placed in the pay scale of 15600-39100 with grade pay of Rs. 5400/-in PB-3 despite having put in more than 30 to 35 years of service and despite the fact that they are straightway given the charge of Group Officers with duties and responsibility quite higher than those of Sr. Accounts Officers, as almost 3 to 4 Accounts Officers/Sr. Accounts Officers serve under them. Since they have already served as Accounts Officers/Sr. Accounts Officer for more than 6 to 8 years as such they are given the direct charge of Group Officers contrary to the direct recruits who are to serve as probationers in the Department for two years and function as ACDA I/C of various sections in the Department for a period from 2 to 3 years. The pay scales of SRAO and ACDA in the cadre of IDAs is same w.e.f. 1.1.1986 and on promotion of Sr. AO to ACDs promotee officers are given pay scale of Rs.8000-13500 (JTS) while direct recruits are given 10,000-325-15200 (STS) i.e. pay fixation has been done in the same scale of pay for promote officers instead of next higher STS pay scale. So w.e.f. 1.1.2006 promotee ACDA are in scale of Rs.15600-39100 grade pay Rs.5400 as against grade pay of Rs.6600/- of direct recruits.
5. According to applicant similar claim has already been considered by various benches of Central Administrative KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 7 Tribunal and decided in favour of similarly placed employees. Applicants were promoted as ACsDA and some of them were even promoted up to the rank of Dy. & Jt. Controller of Defence Accounts. The direct entrants IDAS officers have to undergo probation and attain experience of 2-3 years in the Department as Accounts Officer before occupying the post of Group Officer which is directly given to the promotees from group 'B'. The direct entrant Group A is promoted within 4 years of service as Dy. Controller of Defence Accounts in S.T.S. who also holds the charge of Group Officer. In this way, the promotee Group Officers reach to this post only at the end of their service. Therefore, the applicants who are directly given the charges of Group Officers cannot be denied the S.T.S of pay as has been given by the Department to some others based on various judgments of various Benches of Tribunal. Therefore the denial of the benefit as stated herein-above will amount to denial of their Fundamental Rights of equality in terms of Article 14 and 16 of the Constitution of India. According to applicants, their claim is genuine and fully justified for grant of Sr. Time Scale pay at the time of promotion from the post of Sr. Accounts Officer to ACDA in the cadre of IDAS and hence they may be granted the STS of pay le. 10000-325-15200 after 01.01.1996 and pay scale of Rs 15600-39100 with Grade Pay KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 8 of Rs 6600 in PB-3 after 01.01.2006.
6. Applicants No.1 and 3 approached the respondent No.2 by filing representation dated 14.05.2013 and vide order dated 31.05.2013 the same has been rejected on the ground that due benefit cannot be granted because the applicants did not approach the Hon'ble High Court or Central Administrative Tribunal. Hence, the present OA.
7. The applicants have submitted that their claim is squarely covered by the order dated 26.04.2010, passed by the co- ordinate Bench of Hon'ble CAT Madras Bench in the case of T.R. Krishnamurty Vs. Union of India (OA No. 35/2009). The order dated 26.04.2010 has been upheld by the Hon'ble Madras High Court vide its judgment dated 9.9.2011 (WP No. 1/2010) and has also been implemented by the respondents qua, applicant in that case only, whereas applicants, who are similarly placed, have been ignored for benefit of STS Pay scale on the similar pattern. Such an action on the part of the respondents is violative of Fundamental Right of equality. Further they have submitted that it is a settled law that similarly situated employees are also entitled to similar benefit, it shall be extended to all without compelling each one to approach court of law. In this regard reference has been made to the judgments of Hon'ble Supreme Court of India in the case of K. C. Sharma Vs Union Of India (1997(3) KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 9 SCT, 341) and in the case of Satbir Singh Vs State of Haryana 2000(2) SCT 54.
8. The respondents have filed written statement dated 08.03.2016 submitting therein that the case of T.R. Krishnamurty is different from the case of applicants. It has been submitted that next promotional grade of JTS is Senior Time Scale of Indian Defence Accounts Service (STS). As per Defence Accounts Service Rules, 2000, the appointment to STS is done by two methods:-
1) By direct recruitment in the Junior Time Scale (hereinafter referred as JTS) on the basis of civil services examination conducted by the Union Public Service Commission (hereinafter referred as the COMMISSION) in accordance with the rules notified for the purpose or any other scheme of examination that may be notified by Government in consultation with the Commission from time to time.
2) By promotion of Senior Accounts Officer in accordance with rule 10;
3. Further Rule 10 of the Recruitment Rules (Annexure R-1) states as under:-
Recruitment by promotion to the posts in the Junior Time Scale of the Service shall be made by selection (with due regard to seniority) from amongst Senior Accounts Officers (Group B Gazetted) in the pay scale of Rs. 15600-39100 Grade Pay Rs. 5400/- with five years' (combined) service in the grade of Senior Accounts Officer/Accounts Officer on the recommendations of the Departmental Promotion Committee, the composition of which will be as shown in Schedule-III. The eligibility of officers from the feeder grade shall be determined in accordance with provisions of Note (1) and (2) below Schedule-II. The number of vacancies to be filled up by promotion will be determined in accordance with proviso to rule 7(1)(ii).
Similar provisions exist in the Recruitment Rules of other Organised Accounts Cadres namely, Indian Civil Accounts KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 10 Service, Indian Audit and Accounts Service and Indian Post and Telecommunications Accounts Finance Service. A copy of the recruitment rules in respect of Indian Civil Accounts Services, Indian Posts and Telecommunications Accounts and Finance Service and Indian Accounts and Audit Service are enclosed as Annexure R-2. Prior to the third pay commission there was an integrated time scale of pay 400-400-450-30- 510-EB-700-40-1100-50/2-1250 in the Indian Defence Accounts Service.
9. On implementation of the recommendations of Third Pay Commission the scales were bifurcated into two scales of pay. The scales of pay as enunciated in Annexure A (referred to in Para 144) of Office Manual I (Annexure R-3) were as follows:-
ACGDAS, DCDA, ACDAs I. 1100 (6th year or under)-50-1600 included in the integrated II. 700-40-900-eb-40-1100-50-1300 time scale of IDAS AOs/ACDAs 1100-50-1500 On implementation of the recommendations of Fourth Pay Commission the scales of pay of officers as enunciated in Annexure A (referred to in para 144) of the Office Manual-1 (Annexure R-4), were as follows:-
ACGDAs (in STS)/DCDAs 3000-100-3500-125-4500 ACGDAs (in JTS)/ACDAs 2200-75-2800-EB-100-4000 Sr. Accounts Officer 2200-75-2800-EB-100-4000 Accounts Officer 2375-75-3200-EB-100-3500 On implementation of the recommendations of Fifth Pay KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 11 Commission the scales of pay of officers as enunciated in Annexure A (referred to in para 144) of the Office Manual-1 (Annexure R-5), were as follows:-
DCDA 10000-325-15200
ACGDA 8000-275-13500
Sr. Accounts Officer 8000-275-13500
Accounts Officer 7500-250-12000
10. After the approval of the Sixth Pay Commission the pay scale of the Sr. Accounts Officer Grade is 15600-39100 with a grade pay of Rs. 5400/-. The pay scale of the JTS is 15600-
39100 with a grade pay of Rs. 5400/-. The pay scale of the STS is 15600-39100 with a grade pay of Rs. 6600/-. From the above tables its clear the pay scales of Sr. Accounts Officers and ACDAs were kept identical by the subsequent Pay Commissions. Moreover, the linking of pay scales with the responsibilities is wrong as is seen from the DoP&T letter addressed to the Secretary UPSC (Annexure R-6), in connection with the pay scales of organised accounts cadre. The pay scales pertaining to all central Govt. posts are made on the basis of the recommendations of the Pay Commissions constituted for the purpose. In other organized accounts services also, the promotion is from Sr. Accounts Officer to the grade of JTS only. A copy of the recruitment rules in respect of Indian Civil Accounts Services, Indian Posts and Telecommunications Accounts and Finance Service KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 12 and Indian Accounts and Audit Service are enclosed as (Annexure R-2).
11. As seen from the order of the HC dated 16.03.2001 in the LPA 50/81 filed by the department, the judgment of the single bench in WP 1342/1979 decided upon on 09.12.1980 shall not constitute any precedent for any other case. Nevertheless the case of TR Krishnamurthy the Tribunal had relied on the judgement of OA 2356/1993 in the matter of KS Rangaswamy which was relied on the judgement in WP 1342/1979 in the matter of KG Menon & Other Vs. UOI and Others, which itself stands dismissed on 21.07.2014.
12. We have heard learned counsel for the parties and examined pleadings available on record.
13. We have also perused decision of the Madras Bench of the Tribunal in the case of T.R. Krishnamurty (supra), wherein the issue has been discussed in para 7, which reads as follow:-
"22 In the result, the impugned order dated 8.10.2008 (Annexure A-) issued by the respondents is set aside with a direction to the respondents to grant proforma promotion to the applicant on the post of senior Time Scale of IDAS cadre with effect from 21.03.1988 and also proforma promotion in the cadre of Junior Administrative Grade with effect from 22.3.1993 and pay of the applicant should, be fixed on the basis of his proforma promotion with reference to his junior Mr. Pangaswamy up to the date of his retirement with all consequential benefits i.e. refixaton of pay, pension and consequential arrears of pay and other retirement dues if any entitled should be made to the applicant within a period of 3 months from the date of receipt of copy of this order and with this direction, the OA is allowed. No order as to costs"
KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 13 However, we find that in the above decision, issue of Recruitment Rules of 2000 by which the pay scale has been determined has not been discussed as the above case is of prior time period. It is distinguishable on facts as explained in detail in written statement by respondents. As far as present case is concerned, Rules existing now are applicable. So it has to be examined with reference to RRs of 2000.
14. As per Recruitment Rules dated 28.02.2000, Group A post of the service are filled up both by way of promotion to the post in the Junior Time Scale by selection as well as by direct recruitment in the Junior Time Scale on the basis of results in civil services examination.
15. Recruitment Rule 10 which deals with recruitment by promotion states that promotion shall be made by selection on merit cum seniority from amongst Senior Accounts Officers or AO with 5 years combined service in the pay scale of Rs.8000-13500 (i.e. Group B posts). They will be eligible for selection by merit and will be fixed in the junior time scale (Group A) as per Rule 8(2)(b). But the claim of applicants is that since promotion from Sr. AO (Group B post) to ACDA in JTS (Group A) involves assumption of higher responsibilities they should be given higher scale of STS on promotion to ACDA. We find, this claim of applicants KAMLA DEVI KAMLA DEVI 2025.11.06 14:33:45 +05'30' 14 is misconceived and devoid of merit. The pay scales being assigned to the applicants are, therefore, as per Recruitment Rules and also approved by 6th CPC.
16. We agree with the respondents that pay-scale attached to posts is not sole determinant of the post as Government has power to make exceptions and mere commonality of pay scale cannot obliterate the distinction between Group A and Group B as Group A carry greater level of administrative and managerial responsibilities (Annexure A-6). Pay scale of Defence Accounts Officers is fixed as per Government of India regulations. Claim of the applicants is not supported by any Rule of statute or order but only on claims of equality, with similarly situated employees. We find this contention of the applicants that similarly situated persons have got relief is misleading because facts of the case relied upon by the applicants are different on facts as also relief sought in those cases. Also there are many cases where similar claims have been rejected also including by Principal Bench in OA No.3683/2013 and others vide order dated 12.08.2016 wherein decision in KG Menon (supra) has also been considered. In order dated 15.01.2014 in CWP No.512 of 2014, the Hon'ble Punjab and Haryana stated that reliance placed upon Madras High Court is not proper. The first case where similar demand of STS pay scale on promotion from KAMLA DEVI KAMLA DEVI2025.11.06 14:33:45 +05'30' 15 Sr. AO to JTS was allowed was in the case of KG Menon (supra). Here also Delhi High Court in LPA No.50 of 1981 putting writ court judgment in abeyance, stated that decision of writ court will not be considered as precedence.
17. We do not find in any of the case laws a declaratory relief which is to be applied to all employees of particular category has been given. Pay scales are fixed by Pay Commission and the applicants had an opportunity to take up this issue if they feel discriminated, before Pay Commission as the scales were fixed with approval of 6th CPC under RRs of 2000. In no other equivalent accounts service cadre there is a jump for Sr. AO to STS without first entering JTS. The demand in our view, is neither justified nor equitable. This is a policy issue duly considered by CPC and RRs and one maintaining parity across accounts cadre.
18. In view of the above, we find no infirmity in A-1 dated 31.05.2013. The claim of the applicants is supported neither by statute or conclusive judicial interpretation and will create inequality among equals in accounts cadre. The O.A. being devoid of merit is dismissed. Pending MA (s), if any, shall also stand disposed of. No costs.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
MEMBER (A) MEMBER (J)
/kr/
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