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Jayanti Das Nath v/s The Union of India, Represented by the Secretary, To the Govt. of India, Ministry of Defence (D), New Delhi & Others


Company & Directors' Information:- G DAS & CO PVT LTD [Active] CIN = U74992WB1935PTC008299

Company & Directors' Information:- DAS & CO PVT LTD [Strike Off] CIN = U72100AS1946PTC000740

Company & Directors' Information:- NATH PRIVATE LIMITED [Active] CIN = U31908PN2013PTC148540

Company & Directors' Information:- K C DAS PVT LTD [Active] CIN = U15433WB1946PTC013592

Company & Directors' Information:- D K DAS & CO PVT LTD [Active] CIN = U51909WB1938PTC009288

Company & Directors' Information:- U C DAS & CO PVT LTD [Active] CIN = U31200WB1987PTC042709

Company & Directors' Information:- DAS & DAS PVT LTD [Strike Off] CIN = U51109WB1950PTC019222

Company & Directors' Information:- A S DAS CO PVT LTD [Strike Off] CIN = U51109WB1957PTC023552

Company & Directors' Information:- NATH AND CO LTD [Strike Off] CIN = U15141KL1946PLC000796

Company & Directors' Information:- DAS-G INDIA PRIVATE LIMITED [Active] CIN = U24304DL2020PTC370609

Company & Directors' Information:- P K DAS & CO PVT LTD [Strike Off] CIN = U74210WB1955PTC022259

Company & Directors' Information:- JAYANTI PVT LTD [Strike Off] CIN = U22219AS1937PTC000485

    Original Application No. 040/00462 of 2016

    Decided On, 14 November 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati

    By, THE HONOURABLE MRS. MANJULA DAS
    By, JUDICIAL MEMBER & THE HONOURABLE MR. NEKKHOMANG NEIHSIAL
    By, ADMINISTRATIVE MEMBER

    For the Applicant: M. Chanda, U. Dutta, A.K. Das, Advocates. For the Respondents: R. Hazarika, Addl. CGSC.



Judgment Text


Oral Order:

Nekkhomang Neihsial, Member (A).

1. In this O.A., the applicant is asking for the following reliefs:-

“8.1 That the Hon’ble Tribunal be pleased to direct the respondents to grant to the deceased husband of applicant benefit of 2nd ACP at least w.e.f. 01.01.2006 in the grade pay of Rs. 2400/- in the pre-revised scale of Rs. 4000-6000 on account of merger of the scale of Mazdoor and Painter Mate.

8.2 That the Hon’ble Tribunal be pleased to direct the respondents to grant to the deceased husband of the applicant the benefit of placement in the cadre of HS I, in the grade pay of Rs. 2800/- in the relevant pay band in terms of Govt. of India, Ministry of Defense restructuring policy bearing letter no. 11(5) 2009 D (Civ-I) dated 14.06.2010.

8.3 That the Hon’ble Tribunal be pleased to direct the respondents to grant to the deceased husband of the applicant the benefit of 3rd MACP in terms of the govt. of India OM dated 19.05.2009 w.e.f. 01.09.2008 in the grade pay of Rs. 4200/- in the relevant PB of Rs. 9300- 34800/- with all consequential benefit including arrear monetary benefit.

8.4 That the Hon’ble Tribunal be pleased to direct the respondents to refix and revise the pensionary benefit as well as other retirement benefit accrued by the deceased husband of the applicant in terms of the prayer Nos. 8.1, 8.2 and 8.3 with immediate effect.

8.5 Costs of the application.

8.6 Any other relief (s) to which the applicant is entitled as the Hon’ble Tribunal may deem fit and proper.”

2. Grounds for relief are as follows:-

(i) That the respondents deliberately did not grant the benefit of MACP in the light of CCS (revised) Pay Rule 2008 and also in terms of provision of para 5 of the laid down in Annexure 1 of the MACP scheme dated 19.05.2009 wherein it speaks that – “promotion earned/upgradations granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the sixth pay commission shall be ignored for the purpose of granting upgradations under modified ACPs.

(ii) That when all other Central Govt. Department have already granted/reviewed the benefit of MACP granted earlier and in terms of Para 5 of the aforesaid condition and placed all the similarly situated employees in the appropriate higher grade pay/scale of pay, however, inspite of merger scale of pay of the feeder post of Mazdoor and the promotional post of Painter Mate on account of CCS (revised) Pay Rule 2008, no review has been carried out for extension of benefit of MACP to the husband of the applicant.

(iii) That the respondents i.e. Union of India neither extended the benefit of restructuring due and admissible to the husband of the applicant in terms of Govt. of India MoD letter dated 20.05.2003 as well as in terms of MoD letter dated 14.06.2010.

(iv) That the benefit due and admissible to the husband of the applicant as per MACP scheme dated 19.05.2009 has not been extended to the husband of the applicant in the appropriate grade pay for lack of knowledge and experience of the officers working in the administrative branch under the respondent department.

(v) That the 3rd MACP is due to the husband of the applicant in the grade pay of Rs. 4200/- or in any other higher grade pay in the relevant pay band II w.e.f. 01.09.2008 by way of review in the light of CCS (revised) Pay Rule 2008 and also in the light of Govt. of India OM dated 19.05.2009.

(vi) That the representation dated 23.12.2015 made by the applicant has not been disposed of by the respondent authorities till date.

(vii) That the deceased husband of the applicant denied the benefit of placement in the cadre of HS I, in the Grade Pay of Rs. 2800/- in the relevant pay band in terms of Govt. of India, Ministry of Defence restructuring policy bearing letter No. 11(5) 2009 D (Civ-I) dated 14.06.2010. At the same time, deceased husband also denied the benefit of 3rd MACP in the Grade Pay of Rs. 4200/- attached to the promotional post of Master Craftsman. Placement in the cadre of HS I cannot be treated as promotion as held by the various judicial pronouncement given by the various Benches of Central Administrative Tribunal. As such, deceased husband is legally entitled the benefit of 2nd ACP at least w.e.f. 01.01.2006 in the Grade Pay of Rs. 2400/- in the pre-revised scale of Rs. 4000-6000/- on account of merger of the scale of Mazdoor and Painter Mate. Deceased husband also entitled the benefit of placement in the cadre of HS I in the grade pay of Rs. 2800/- from the due date in the pre revised scale of Rs. 4500- 7000/- as well as benefit of 3rd MACP w.e.f. 01.09.2008 in the grade pay of Rs. 4200/- in the relevant PB of Rs. 9300-34800/- with all consequential benefit including arrear monetary benefit by way of refixation of pay and pensionary benefit.

3. The respondent authorities filed their written statement on 12.09.2017. Among others, at para 13 & 14, they have pointed out as follows:-

“13. Office of the LAO, 222 ABOD vide their letter no. LA/VI/118/PAYFIX/Vol-V dated 20 Mar 2017 also quote that – ‘However, on the basis of specific facts and circumstances of the case mentioned in your letter cited above and keeping in view of the various provisions/classifications in DoPT/MoD letter mentioned in your letter, this office holds the view that the 3rd MACP in grade pay hierarchy may be granted to the individual with effect from 01 Sep 2008 after completion of thirty years of service, if otherwise in order.

14. That due to misinterpretation of policy of this issues the husband of the applicant did not get the benefit of third MACP in grade pay hierarchy w.e.f. 01 Sept 2008. Since, as per policy the applicant’s husband is entitled to the 3rd MACP in Grade Pay hierarchy w.e.f. 01 Sep 2008, necessary steps are being taken by the department for grant of 3rd MACP in grade pay hierarchy to the applicant’s husband.”

4. The learned counsel for the applicant filed rejoinder on 13.07.2018 and reiterated the same submission as in the OA. However, he annexed a copy of decision of CAT, Calcutta Bench in the case of Indranil Roy Chowdhury & 162 Ors. Vs. Union of India and Ors., O.A. No. 172 of 2012. During hearing, he also produced a judgment and order of this Tribunal dated 18.05.2015 in O.A. No. 040/00352/2014 (Kamal Singh Boro Vs. Union of India & Ors.).

5. We have heard Smt. U. Dutta, learned counsel for the applicant and Sri R. Hazarika, learned Addl. CGSC for the respondents, perused the pleadings and the precedents relied upon. We have considered th

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e above case. Keeping in view of the above fact that as the respondent authorities have accepted that the applicant’s husband is entitled to the 3rd MACP in Grade Pay hierarchy w.e.f. 01 Sep 2008 and necessary steps are being taken by the department for grant of 3rd MACP in grade pay hierarchy to the applicant’s husband as per policy, we consider that further examination and adjudication of this case is not required. The respondents are hereby directed to grant the 3rd MACP in the Grade Pay hierarchy with effect from 01.09.2008 to the applicant within a period of two month’s, if not already done from the date of receipt of a copy of this order. 6. O.A. is allowed to the above extent and disposed of. There shall be no order as to costs.
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