Tilak Raj vs GARRISON ENGINEER

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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 1512/2024
st
Chandigarh, this the 21 day of August, 2026

HON’BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

1. MES No. 502953 Tilak Raj, (Mate Mason) Aged 66 years son of Sh.
Karam Chand Retd from the office of Garrison Engineer (West) Pathankot
and presently R/o Village Bahadur Lahri PO Sujanpur Distt. Pathankot (Pb)

2. MES No. 502253 Yash Pal, Black Smith (Retd) Aged 69 Years son of Sh.
Garib Dass, Retd. from the office of Garrison Engineer (West) Pathankot
and R/o VPO Shahpr PO Sujanpur Distt.Pathankot

3.MES No. 505683 Kans Raj, Mate Pipe Fitter Aged 66 Years son of Sh.
Thuru Ram, Retd. from the office of Garrison Engineer (West) Pathankot,
R/o Village Chotepur, Distt. Pathankot.

4. MES No. 502954 Pritam Chand, Mate Pipe Fitter Aged 66 Years son of
Sh. Manda Ram, Retd. from the office of Garrison Engineer (West)
Pathankot R/o Village Budhinagar, PO Sujanpur Distt. Pathankot.

5. MES No. 502351 Om Parkash, Mate Mason, Aged 70 Years son of Sh.
Sankar Dass, Retd from the office of Garrison Engineer 574 Engineering
Park C/o 56 APO and presently R/o Village Bani Lodi PO Sunder Chak,
Distt. Pathankot

6. MES No. 506462 Raj Pal, Mate Mason, Aged 72 Years son of Sh. Sita
Ram, Retd from the office of Garrison Engineer 574 Engineering Park C/o
56 APO and presently R/o Village Narot Mehra PO Sunder Chak, Distt.
Pathankot

7. MES No. 502523 Mangal Dass, Mate Carpenter Aged 72 Years son of Sh.
Ram Chand,Retd. from the office of Garrison Engineer 874 Engineering
Park, R/o Village Bani Lodi PO Sunder Chak, Distt. Pathankot

8. MES No. 507296 Surjit Kumar, Mate, Pipe Fitter, Aged 65 Years son of
Sh. Gian Chand, Retd from the office of Garrison Engineer (West)
Pathankot and presently R/o H.No. 256 Village & PO Chota Daulatpur,
Distt. Pathankot

9. MES No. 502210 Hardev Singh, Elec. SK, Aged 70 years S/o Sh. Daleep
Singh, Retd. from the office of Garrison Engineer (West) Pathankot R/o
Village Bonilodhi, PO Sunder Chak, Distt. Pathankot.

10. MES No. 507182 Dharam Pal, Pipe Fitter SK Aged 62 Years son of Sh.
Kartar Chand (Retd) from the office of Garrison Engineer (South)
Pathankot R/o Village Doshopur PO Naushera Nal Bandan, Distt. Pathankot.

MANDEEP SINGH
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11. MES No. 507295 Devi Dayal, Pipe Fitter Aged 62 Years son of Sh. Sewa
Ram,Retd. from the office of Garrison Engineer (West) Pathankot and
presently R/o H.No. 272, Village Chhota Daulatpur Distt. Pathankot

12. MES No. 505744 Mohinder Pal, Mate Mason, Aged 64 Years son of Sh.
Lal Chand, Retd. from the office of Garrison Engineer 574 Engineering Park
C/o 56 APO R/o H.No. 300, Village Chhota Daulatpur Distt. Pathankot

13. MES No. 502531 Jagdish Raj, Mate Pipe Fitter Aged 67 Years son of Sh.
Singo Ram, Retd. from the office of Garrison Engineer (W) Pathankot, R/o
Village Bonilodhi, PO Sunder Chak, Distt. Pathankot.

14. MES No. 502530 Lekh Raj, Mate Carpenter Aged 64 Years son of Sh.
Karam Chand Retd from the office of Garrison Engineer (West) Pathankot
and presently R/o Village Balsua, PO Jakno Lahri, Distt. Pathankot

15. MES No. 506576 Kishan Chand, Pipe Fitter SK Aged 64 Years son of
Sh. Ratan Chand Retd from the office of Garrison Engineer (West)
Pathankot and presently R/o Village Darsopur, PO Naushera Nalbandan,
Distt. Pathankot

16. MES No. 502347 Joginder Pal, Mate Mason Aged 70 Years son of Sh.
Khiali Ram Retd. from the office of Garrison Engineer 574 Engineering Park
C/o 56 APO R/o Village Bonilodhi, PO Sunder Chak, Distt. Pathankot.

17. MES No. 505647Ashok Kumar, FGM SK (Retd) Aged 63 years son of
Sh. Thuru Ram, Retd. From the office of Garrison Engineer (South)
Pathankot

now R./o Village & PO Narot Mehra Distt. Pathankot.
18. MES No. 502950 Ram Lal, Mate Mason Aged 65 Years son of Sh.
Pritam Chand Retd. from the office of Garrison Engineer (W) Pathankot R/o
Village Chota Banihal PO Sujanpur Distt. Pathankot.

19. MES No. 506789 Jagdish Lal, Mate Carpenter (Retd) Aged 70 years son
of Sh. Dhani Ram, Retd from the office of Garrison Engineer (West)
Pathankot now R/o Village Bonilodhi, PO Sunder Chak, Distt. Pathankot.

20. MES No. 502077 Mangal Singh, Mate Mason Aged 70 Years son of Sh.
Delip Singh (Retd) from the office of Garrison Engineer (W) Pathankot R/o
Village Bonilodhi, PO Sunder Chak, Distt. Pathankot.

21. MES No. 502523 Shamsher Singh, Electrician Mate, Aged 70 Years son
of Sh. Babu Singh Retd from the office of Garrison Engineer (West)
Pathankot and presently R/o Village Bani Lodi PO Sunder Chak, Distt.
Pathankot

22. MES No. 502319 Ramesh Chander, Mate Pipe Fitter Aged 70 Years son
of Sh Sarsa Ram Retd from the office of Garrison Engineer (West)
Pathankot and presently R/o H.No, 14, Model Town Pathankot Distt.
Pathankot

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23. MES No. 505687 Ranjit Singh Mate Pipe Fitter, Aged 67 Years son of
Sh. Parkash Chand, Retd. From the office of Garrison Engineer (West)
Pathankot, now R/o VPO Narot Mehra Distt. Pathankot.

24. MES No. 502949 Pervej Kumar, Mate Mason Aged 65 Years son of Sh.
Sadiq (Retd) from the office of Garrison Engineer (W) Pathankot R/o
Christian Colony Sujanpur, Pathankot.

25. MES No. 503551 Rattan Chand, Mate Painter, Aged 69 Years son of Sh.
Sant Ram Retd from the office of Garrison Engineer 574 Engineering Park
C/o 56 APO R/o Madhopur Kulian Pathankot.

26. MES NO. 505691 Gurmesh Lal, Mason SK (Retd) Aged 62 years Son of
Sh. Parkash Chand, Retd. From the office of Garrison Engineer (South)
Pathankot, now R/o H.No. 269 Chhota Daulatpur, Pathankot.

(All the applicants are Group-C employees)

...Applicants

(By Advocate : Sh. Shailendra Sharma)

Versus
1. Union of India through Secretary Ministry of Defence, South Block New
Delhi-110011 (Email: [email protected])
2. The Engineer in Chief, Army HQ, Kashmir House, Rajaji Marg, New Delhi-
110001 (Email: [email protected])
3. The Chief Engineer, Western Command, Chandimandir Distt. Panchkula
(Haryana)-134116 (Email: [email protected])
4. The Commander Works Engineer Pathankot.- 145001 (Email: cwepkt-
[email protected])
5. Principal Controller of Defence Accounts (Pension), Paryagraj (UP)- 211001
Email ([email protected]
...Respondents

(By Advocate : Sh. Sanjay Goyal, Sr. CGSC)

O R D E R
Per: Mr. SURESH KUMAR BATRA, MEMBER (J):

1. The applicants have filed instant O.A under Section 19 of the Central
Administrative Tribunals Act, 1985 seeking following relief:
(i) Issue a direction to the respondent to grant
the benefit of 2nd and 3rd MACP of the Grade
Pay of Rs. 2400 and Rs. 2800 on completion of
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20/30 years of service w.e.f. 1.1.2006 and
2012 on the same terms as has been granted
to the similarly situated employee i.e. MES NO.
371140 Raja Ram to whom the benefit of 3rd
MACP of the Grade Pay of Rs. 2800/- has been
granted on completion of 30 years of service in
the year 2013 as is clear from the perusal of
PTO Annexure A 6;
(ii) Issue further directions to the respondents
that after granting the benefit to the applicants
of 2nd and 3rd MACP of the Grade Pay of Rs.
2400 and Rs. 2800 on completion of 20/30
years of service w.e.f. 1.1.2006 and 2012,
further re-fix their pay and accordingly
recalculate the retiral benefits and re-fix the
pension of the applicants and release the
arrears of the same alongwith interest @ 12%
p.a. from the date it accrued till the actual date
of disbursement;
(iii) Issue further directions to the respondents
to decide the representation dated 11.4.2024
(Annexure A 4) made by the applicants which
was followed by Legal Notice dated 19.6.2024
(Annexure A 5) in view of letters dated
12.9.2014 (Annexure A 1) and letter dated
30.4.2015 (Annexure A 2) issued by
respondent no. 2 as the case of the applicants
is squarely covered by the letters Annexure A 1
and A 2 as well as PTO Annexure A 6 whereby
MES NO. 371140 Raja Ram has been granted
the benefit of 3rd MACP of the Grade Pay of
Rs. 2800/- on completion of 30 years of
service in the year 2013.
2. The facts in brief are that the applicants are retired civilian employees
of the Military Engineering Services (MES), Ministry of Defence,
Government of India. The applicants were initially appointed as
Mazdoors in different offices of the MES under the Respondents during
the period ranging from 1977 to 1982 and subsequently their posts
were re-designated as Mate in the year 2008. The applicants belonged
to the category of Industrial Employees and served in different trades
such as Mason, Pipe Fitter, Carpenter, Painter, Blacksmith, Electrician,
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etc. The applicants during their entire service career did not earn any
regular promotion, except the aforesaid re-designation of the post
from Mazdoor to Mate. Consequently, they were granted financial
upgradations under the Assured Career Progression (ACP) Scheme
and subsequently under the Modified Assured Career Progression
(MACP) Scheme on completion of the prescribed periods of service.
3. After implementation of the recommendations of the 5th Central Pay
Commission, the ACP Scheme was introduced w.e.f. 09.08.1999,
under which an employee who did not receive promotion for 12/24
years was entitled to financial upgradation in the next higher
promotional scale. Since the applicants had completed the requisite
period of service without earning any regular promotion, they were
granted the benefit of 1st ACP w.e.f. 09.08.1999. Pursuant to
implementation of the 6th Central Pay Commission w.e.f. 01.01.2006,
the pre-revised pay scales were merged and the Grade Pay system
was introduced. The posts of unskilled and semi-skilled employees
were also merged and a common Grade Pay of ₹1,800/- was
prescribed. Thereafter, the MACP Scheme was introduced w.e.f.
01.09.2008, providing for three financial upgradations on completion
of 10, 20 and 30 years of qualifying service, subject to the prescribed
conditions.
4. Although the applicants had already completed 12/24 years of service
and had been granted financial upgradation under the earlier ACP
Scheme, their earlier ACP benefit was not appropriately
protected/adjusted after the merger of the pay scales under the 6th
CPC. As a result, the applicants were granted the 2nd MACP in Grade
Pay of ₹2,000/-, whereas they were entitled to Grade Pay of ₹2,400/-
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in terms of the subsequent clarifications and decisions of the Ministry
of Defence and the Engineer-in-Chief’s Branch. The respondents
themselves examined the anomaly arising out of merger of the
unskilled and semi-skilled grades and the effect of the earlier ACP
benefits. The DG (Pers), Engineer-in-Chief’s Branch, vide letter dated
12.09.2014, directed the concerned MES units to grant 1st and 2nd
ACP in Grade Pay of ₹1,900/- and ₹2,400/- respectively to Mazdoors
who had completed 12/24 years of service up to 31.08.2008, and
thereafter to grant 3rd MACP in Grade Pay of ₹2,800/- on completion
of 30 years of qualifying service, subject to eligibility. The aforesaid
position was further reiterated by the competent authority vide letter
dated 30.04.2015, pursuant to which similarly situated civilian
employees working under the Ministry of Defence, including
employees of Field Ammunition/Ordnance Depots, were granted the
benefit of 2nd ACP/MACP in Grade Pay of ₹2,400/- and 3rd MACP in
Grade Pay of ₹2,800/-. Subsequently, the Ministry of Defence, D(O-
II) Section, vide decision dated 04.06.2018, specifically clarified that
Tradesman/Mate employees who had completed 24 years of
qualifying service during the period from 01.01.2006 to 31.08.2008
were eligible for upgradation to Grade Pay of ₹2,400/- as 2nd ACP,
followed by Grade Pay of ₹2,800/- as 3rd MACP on completion of 30
years of qualifying service, subject to the prescribed conditions.
5. The aforesaid decision was also communicated by the Controller
General of Defence Accounts (CGDA) vide communication dated
23.07.2018, thereby confirming the entitlement of similarly situated
civilian employees under the Ministry of Defence. Thus, the
respondents had themselves recognized the entitlement of employees
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who were similarly placed as the applicants. The applicants are
similarly situated to the employees who were granted the aforesaid
benefit. In particular, MES No. 371140, Shri Raja Ram, who was
initially appointed as Mazdoor on 29.11.1983 and was subsequently
re-designated as Mate, was initially granted 3rd MACP incorrectly.
However, upon his representation, the competent authority
reconsidered his case and, vide PTO No. 34/2021 dated 23.08.2021,
re-fixed his pay by granting him 2nd MACP in Grade Pay of ₹2,400/-
and 3rd MACP in Grade Pay of ₹2,800/- on completion of 30 years of
qualifying service.
6. Despite the aforesaid policy decisions, clarifications and the benefit
granted to similarly situated employees, the applicants were denied
the benefit of 2nd ACP/MACP in Grade Pay of ₹2,400/- and 3rd MACP
in Grade Pay of ₹2,800/-. Consequently, the applicants retired from
service with a lower Grade Pay and, therefore, received lower pay and
consequentially lower retiral benefits and pension than what they
claim to be legally entitled to. The applicants made representations
before the respondents seeking grant of the aforesaid benefits. Since
their grievance was not redressed, the applicants submitted a detailed
representation dated 11.04.2024, explaining their entitlement and
relying upon the departmental instructions and decisions referred to
above. When no action was taken upon the representation, the
applicants served a legal notice dated 19.06.2024 upon the
Respondents, requesting them to extend the benefit of the 2nd
ACP/MACP in Grade Pay of ₹2,400/- and 3rd MACP in Grade Pay of
₹2,800/- and to revise their pensionary and other retiral benefits
accordingly. However, despite service of the legal notice, the
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respondents failed to take any effective action for redressal of the
applicants’ grievance.
7. The applicants submit that denial of the aforesaid benefit is arbitrary,
discriminatory and contrary to the decisions/instructions issued by the
competent authorities themselves, particularly when the same benefit
has been extended to similarly situated civilian employees under the
Ministry of Defence, including employees of MES. The applicants
further rely upon the clarification contained in the ACP/MACP
instructions regarding the treatment of earlier
promotions/upgradations after merger of pay scales, as well as the
judicial pronouncements relied upon by them, including the judgment
of the Hon’ble Supreme Court in Union of India v. Balbir Singh &
Ors ., to contend that the applicants are entitled to the appropriate
financial upgradation and consequential revision of their pay and
pensionary benefits.
8. The respondents have contested the claim of the applicants by filing
written statement. They submit that as per Government of India
letter dated 10.11.2009 grade pay of Rs. 1900/- (pre-revised pay
scale of Rs. 3050-4590) should be counted for the purpose of MACPs
st
and not treated as 1 ACP. It has also been stated that the applicants
st nd rd
have already been granted benefits of 1 , 2 and 3 MACP as per
their entitlement and when becomes due in heirachy.
9. We have heard the learned counsels for the parties and have carefully
gone through the pleadings on record. The controversy in the instant
O.A has already been adjudicated by this Tribunal in bunch of O.As
including O.A No. 306/2022 titled as Chaman Lal vs. Union of
India vide order dated 31.07.2025, wherein, this Tribunal has held
as under:
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23. In this regard, the applicant’s case is squarely
covered by the decision of the Hon’ble Tribunal in
D.S. Rawat v. Union of India & Ors., OA No.
3038/2013, decided on 11.03.2016 , where it
was held that merged pay scales are to be ignored
for the purpose of granting financial upgradations
under the ACP Scheme. This position was further
affirmed by the Hon’ble Delhi High Court in Union
of India v. K.T. Akhtar, W.P.(C) No.
1371/2007, decided on 03.03.2015 , which
upheld the requirement to grant financial
upgradations in the promotional hierarchy, and not
in the hierarchy of pay scales. Moreover, in State
of Haryana v. Satbir Singh, (2002) 6 SCC 634 ,
and State of Karnataka v. C. Lalitha, (2006) 2
SCC 747 , the Hon’ble Supreme Court reinforced
the principle of non-discrimination among similarly
situated employees.
24. It is also pertinent to note that in OA No.
061/00046/2016 (Madan Lal & Ors. v. UOI)
and OA No. 060/747/2017 (Baldev Singh &
Ors. v. UOI) , the same benefit was granted by
this Hon’ble Tribunal and was duly implemented by
the respondents. Denial of similar benefits to the
present applicant amounts to hostile discrimination
and arbitrary treatment.
25. Accordingly, the impugned order dated 14.09.2021
is quashed and set aside. The respondents are
directed to:
 Grant the 1st ACP in the Grade Pay of Rs.
1900 on completion of 12 years of service.
 Grant the 2nd ACP in the Grade Pay of Rs.
2400 on completion of 24 years of service.
 Grant the 3rd MACP in the Grade Pay of Rs.
2800 on completion of 30 years of service.
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26. The respondents shall also revise the applicant’s
pay, pension, and retiral benefits accordingly. All
consequential arrears of pay and allowances
(restricted to three years prior to filing of OA) be
disbursed within a period of three months from the
date of receipt of a certified copy of this order.
27. All four Original Applications are accordingly
allowed with the above directions. There shall be
no order as to costs .
10. Learned counsel for the respondents could not dispute the applicability
of dictum of order dated 31.07.2025 passed by this Tribunal.
11. The applicants herein are also similarly situated persons like the
applicants in O.A No. 306/2022 and 3 connected matters therefore
entitled to the same relief as has been granted by this Tribunal vide
order dated 31.07.2025. In view of the aforesaid, the respondents are
directed to:
a. Grant the 1st ACP in the Grade Pay of Rs. 1900 on

completion of 12 years of service.
b. Grant the 2nd ACP in the Grade Pay of Rs. 2400 on
completion of 24 years of service.
c. Grant the 3rd MACP in the Grade Pay of Rs. 2800 on
completion of 30 years of service.
12. The respondents shall also revise the applicants’ pay, pension, and
retiral benefits accordingly. All consequential arrears of pay and
allowances (restricted to three years prior to filing of OA) be
disbursed within a period of three months from the date of receipt of
a certified copy of this order.

(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
Member (A) Member (J)
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ms*

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