Central Administrative Tribunal - Jammu
Hans Raj vs M/O Defence on 2 February, 2026
:: 1 :: O.A. No. 325/2021
-CENTRAL ADMINISTRATIVE TRIBUNAL
JAMMU BENCH, JAMMU (RESERVED)
Hearing through video conferencing
Original Application No. 325/2021
Reserved on:- 03.12.2025
Pronounced on: - 02.02.2026
HON'BLE MR. RAJINDER SINGH DOGRA, MEMBER (J)
HON'BLE MR. RAM MOHAN JOHRI, MEMBER (A)
1. Hans Raj (No. 6403355) S/o Late Sh. Jagat Ram, aged 66 Years,
retired on 31.05.2014, R/o Village Dhanori, P.O. Salmeri, Tehsil &
District Udhampur- 182101. Group 'C'.
2. Neel Kanth (No. 6403497) S/o Late Shri Mal, aged 64 Years, retired
on 30.04.2015, R/o Village Dhanoti, P.O. Salmeirhi, Tehsil & District
Udhampur-182101.
3.. Ramesh Chander (No. 6403503) S/o Sh. Krishan Dass, aged 61
Years, retired on 30.04.2018, R/o Village Dhanori, PO- P.O. Sal Merhi,
Tehsil & District Udhampur, Jammu- 182101.
4.Gian Chand (No. 6403357) S/o Sh. Faquir Chand, aged 64 Years, R/o
Village Lacni, PO Kiramchi, Tehsil & District Udhampur, Jammu &
Kashmir- 182121.
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu,
S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk",
HARSHIT YADAV
Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected],
CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 18:11:42+05'30'
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5. Om Parkash (No. 6403496) S/o Late Sh. Rudru, aged 64 Years, R/o
Village Belli, P.O. Sal Merhi, Tehsil & District Udhampur.
6.Madan Lal (No. 6405564) S/o Sh. Nanak Ram, aged 60 years, R/o
Village ChackRakhwalan, PO ChackRakhwalan, Tehsil & District
Udhampur-182121.
...Applicants
(By Advocate: - Mr. Jagdeep Jaswal)
VERSUS
1. Union of India through Secretary, Ministry of Defence, South
Block, New Delhi-110011. E mail [email protected].
2. Commandant 222, Army Supp. Corps, Type- G, C/o 56 АРО,
Udhampur (Jammu)- [email protected].
3. Area Accounts Officer, Area Accounts Office(Pay), Northern
Command, Udhampur, C/o 1 FOD, C/o 56 APO. E
[email protected].
...Respondents.
(By Advocate: - Mr. Arshad Majid Malik, Mr. Raghu Mehta, ld. Sr.
CGSC)
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu,
S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk",
HARSHIT YADAV
Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER=
317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected],
CN=HARSHIT YADAV
Reason: I am the author of this document
Location:
Date: 2026.02.04 18:11:42+05'30'
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ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicants have filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) That impugned order dated 02.07.2020 (Annexure A-1), denying the benefit of 2nd ACP in G.P. of Rs. 2400/- and Rs.
2800/- be declared as wholly illegal, arbitrary and therefore cannot be sustained in the eyes of law.
b) That respondents be accordingly directed to grant the applicants benefit of three grade structure and the benefit of 2nd ACP & 3rd MACP on completion of 24 & 30 years of service respectively, in G.P. of Rs. 2400/- and Rs. 2800/-, with all consequential benefits.
c) That this Hon'ble Tribunal may also pass any other order in favour of the applicants which it may deem fit in the peculiar facts and circumstances of the case.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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d) That costs of the application may also be awarded in favour of the applicants.
2. The facts of the case as averred by the applicants in their pleadings, are as follows: -
a) The applicants, six in number, were initially appointed on regular basis as Mazdoor in the respondent department during the period between 1979 and 1983. At the time of their initial appointment, they were placed in the pay scale of ₹196-232, which was subsequently revised to ₹750-950 pursuant to the recommendations of the 4th Central Pay Commission and further revised to ₹2550-3200 under the 5th Central Pay Commission.
b) The Government of India introduced the Assured Career Progression (ACP) Scheme vide Office Memorandum dated 09.08.1999, providing for two financial upgradations on completion of 12 and 24 years of regular service in cases where no regular promotion was available. In terms of the said Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0 :: 5 :: O.A. No. 325/2021 scheme, the applicants, having already completed more than 12 years of service by that time, were granted the first financial upgradation and placed in the pay scale of ₹2610-4000 with effect from 09.08.1999. Thereafter, on completion of 24 years of service, the applicants were granted the second financial upgradation in the pay scale of ₹2650-4000, as admissible under the ACP Scheme.
c) Subsequently, the Modified Assured Career Progression (MACP) Scheme was introduced, replacing the earlier ACP Scheme. Under the MACP Scheme, three financial upgradations were envisaged on completion of 10, 20, and 30 years of service. The applicants were accordingly granted the third financial upgradation under MACP; however, instead of being granted the Grade Pay of ₹2800, they were granted Grade Pay of ₹2400 vide order dated 19.09.2012.
d) The applicants contend that despite having rendered uninterrupted service for nearly three to four decades and despite having remained in the same cadre without any Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0 :: 6 :: O.A. No. 325/2021 promotional avenue, they were denied the benefit of a three- grade structure and corresponding financial upgradations, which were extended to similarly placed Mazdoor/Tradesman Mate employees in other units under the same Ministry of Defence. It is pleaded that Mazdoors in other formations, including Ordnance establishments and MES, were granted higher grade pay benefits under ACP/MACP schemes, whereas the applicants were arbitrarily denied the same.
e) It is further averred that the issue relating to entitlement of Mazdoor/Tradesman Mate employees to higher grade pay was examined by the Ministry of Defence, which issued clarificatory orders dated 26.04.2017 and 30.07.2018. As per these communications, Mazdoor (re-designated as Tradesman Mate) employees who had completed the requisite years of service were held entitled to the grant of second ACP in Grade Pay ₹2400 and third MACP in Grade Pay ₹2800. The applicants assert that their case is squarely covered by the Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0 :: 7 :: O.A. No. 325/2021 aforesaid clarifications and that denial of similar benefits amounts to hostile discrimination.
f) Aggrieved by non-extension of these benefits, the applicants submitted a detailed representation dated 09.04.2019, followed by a legal notice dated 03.10.2019. As no decision was taken, the matter was forwarded to the competent authority, yet remained undecided. The applicants thereafter approached the Chandigarh Bench of this Tribunal by filing O.A. No. 061/65/2020, which was disposed of vide order dated 23.01.2020 with a direction to the respondents to decide the claim of the applicants by passing a reasoned and speaking order.
g) Pursuant thereto, the respondents passed the impugned order dated 02.07.2020, rejecting the claim of the applicants on the ground that the benefit of three-grade structure and the clarifications dated 30.07.2018 were applicable only to Ordnance establishments and not to the applicants. Challenging the said order as illegal, arbitrary, and violative of Articles 14 Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0 :: 8 :: O.A. No. 325/2021 and 16 of the Constitution of India, the applicants have approached this Tribunal seeking grant of appropriate ACP/MACP benefits with consequential reliefs.
3. The respondents have filed their written statement wherein they have averred as follows: -
a) The respondents, in their written statement, have primarily raised a preliminary objection regarding limitation, contending that the cause of action for grant of MACP accrued to the applicants in the year 2018, whereas the present Original Application was filed only in the year 2021. It is asserted that the application is barred under Section 21 of the Administrative Tribunals Act, 1985 and is liable to be dismissed on the ground of delay and laches alone.
b) On merits, the respondents submit that the applicants are not entitled to the Grade Pay of ₹2800 under the MACP Scheme. It is contended that the issue of grant of third MACP in Grade Pay ₹2800 was examined by the competent authorities in light of Headquarters Office letter dated 23.07.2018 and subsequent Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0 :: 9 :: O.A. No. 325/2021 notings of the Directorate General of Ordnance Services. As per the said clarification, the benefit of second ACP in Grade Pay ₹2400 and third MACP in Grade Pay ₹2800 was made applicable specifically to Tradesman Mate employees of the Army Ordnance Corps who had opted for the 6th Central Pay Commission scales and who had completed 24 years of qualifying service during the period from 01.01.2006 to 31.08.2008.
c) It is further pleaded that the said clarification was issued keeping in view the four-grade structure and promotional avenues available in Ordnance establishments, and therefore, the same cannot be extended to ex-Mazdoor (unskilled) employees of other formations, including the present applicants. Reliance has been placed upon a communication issued by the Principal Controller of Defence Accounts, Jammu dated 05.05.2021 to contend that the benefit claimed by the applicants is not admissible to their category.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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d) The respondents have also alleged that the applicants have suppressed material facts and have not filed the Original Application in the prescribed format, rendering the application liable to dismissal on that ground as well.
e) In sum, the respondents maintain that the impugned order dated 02.07.2020 has been passed after due consideration of the relevant rules and clarifications and does not suffer from any illegality or arbitrariness. Accordingly, dismissal of the Original Application has been prayed for.
4. Heard learned counsel for the parties and perused the pleadings made by them.
5. The applicants have approached this Tribunal assailing the order dated 02.07.2020 whereby their claim for grant of appropriate financial upgradations under the ACP/MACP Schemes, including the benefit of three-grade structure and placement in higher grade pay, has been rejected. The core grievance of the applicants is that despite having rendered uninterrupted service for nearly three to four decades as Mazdoors, without any regular promotion, they have been denied Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0 :: 11 :: O.A. No. 325/2021 benefits which have been extended to similarly placed employees working under the same Ministry of Defence.
6. From the pleadings placed on record, it emerges as an admitted position that the applicants were appointed on regular basis as Mazdoors between the years 1979 and 1983 and continued to serve the respondent department without any avenue of promotion till their retirement. It is also not in dispute that the applicants were granted the first and second financial upgradations under the ACP Scheme on completion of 12 and 24 years of service respectively, and thereafter granted MACP benefits; however, the grievance of the applicants pertains to denial of placement in the appropriate higher grade pay as envisaged under the clarifications issued by the Ministry of Defence.
7. The record further reveals that the Ministry of Defence, after examining the issue relating to stagnation of Mazdoor/Tradesman Mate employees, issued clarificatory communications dated 26.04.2017 and 30.07.2018, whereby it was clarified that such employees, on completion of the requisite length of service, would be entitled to the benefit of second ACP in Grade Pay ₹2400 and third Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0 :: 12 :: O.A. No. 325/2021 MACP in Grade Pay ₹2800. The applicants have specifically pleaded, and it has not been convincingly rebutted, that similarly situated employees under other formations of the same Ministry have been extended these benefits, whereas the applicants alone have been excluded.
8. The impugned order dated 02.07.2020 proceeds on the premise that the aforesaid clarifications are applicable only to Ordnance establishments and cannot be extended to the applicants. This reasoning, in the considered opinion of the Tribunal, is unsustainable.
Once the policy decision has been taken by the competent authority under the Ministry of Defence to remove stagnation and grant financial progression to Mazdoor/Tradesman Mate employees, the benefit thereof cannot be selectively confined to one formation while denying it to other similarly placed employees under the same Ministry, in the absence of any intelligible differentia. Such selective denial is clearly violative of Articles 14 and 16 of the Constitution of India.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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9. The respondents have raised an objection with regard to limitation and delay. However, the claim of the applicants pertains to incorrect fixation of pay and denial of financial upgradation, which has a continuing and recurring civil consequence, particularly affecting pensionary benefits after retirement. The law in this regard stands settled by the Hon'ble Supreme Court in M.R. Gupta v. Union of India, wherein it has been held that claims relating to pay fixation give rise to a recurring cause of action, though arrears can be suitably restricted. Therefore, the objection regarding limitation cannot be accepted to defeat the substantive claim of the applicants.
10. At the same time, this Tribunal is conscious of the settled principle that while entertaining belated service claims relating to pay fixation, it is appropriate to balance equities by restricting monetary benefits.
Accordingly, while the applicants are held entitled to fixation of their pay by granting them the appropriate ACP/MACP benefits in terms of the applicable policy and clarifications, the financial benefits prior to the filing of the present Original Application deserve to be restricted on a notional basis.
Digitally signed by HARSHIT YADAVDN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
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11. In view of the above discussion, the impugned order dated 02.07.2020 cannot be sustained in law and is liable to be set aside. The applicants are entitled to parity in financial upgradation with similarly situated Mazdoor/Tradesman Mate employees under the Ministry of Defence.
12. Accordingly, the Original Application is allowed, with the following directions:
a) The impugned order dated 02.07.2020 is quashed and set aside.
b) The respondents are directed to grant the applicants the benefit of appropriate ACP/MACP upgradations, including placement in the correct grade pay as admissible under the relevant Ministry of Defence clarifications.
c) The fixation of pay shall be carried out notionally from the date(s) the applicants became entitled to such upgradation(s).
d) The applicants shall be entitled to actual monetary benefits only from three yearS prior to filing of the present Original Application, with all consequential pensionary benefits, as per law laid down by the Hon'ble Supreme Court in case titled "Jai Dev Gupta Vs. State of H.P. and Anr., Civil Appeal No. 3197 of Digitally signed by HARSHIT YADAV DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0 :: 15 :: O.A. No. 325/2021 1991, AIR 1998 SC 2819". The above exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order.
13. No order as to costs.
(RAM MOHAN JOHRI) (RAJINDER SINGH DOGRA)
Administrative Member Judicial Member
/harshit /
Digitally signed by HARSHIT YADAV
DN: C=IN, O=Central Administrative Tribunal Jammu Bench, OU=Court master, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp office Jammu Jandk", HARSHIT YADAV Phone=f43b1c5544466ac12d1b109be2e84ad03e43d7455ad4f908313774f070d1c28f, SERIALNUMBER= 317ab7a2f4cee67ef40cfd31d9f71e774ed64e83e889590de390c87f3d3efda8, [email protected], CN=HARSHIT YADAV Reason: I am the author of this document Location:
Date: 2026.02.04 18:11:42+05'30' Foxit PDF Reader Version: 2025.2.0