Ashish kuntal and other vs DEPARTMENT OF POSTS

Court
Central Administrative Tribunal

O.A/924/2026

(Open Court)
Central Administrative Tribunal
Allahabad Bench, Allahabad

Original Application No.924 of 2026
st
This the 01 Day of September, 2026.
Hon’ble Mr. Rajnish Kumar Rai, Member (J)
Hon’ble Ms. Manju Pandey, Member (A)
1. ​ Ashish Kuntal, ID No. 23527114P, S/o Shishupal Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
2. ​ Rohit Kumar ID No. 80021133, S/o Ram Kishan Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
3. ​ Dharmendra Kumar ID No. 80021478, S/o Lalta Prasad, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
4. ​ Ravindar Singh ID No. 23527132, S/o Ganga Ram, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
5. ​ Maan Singh ID No. 80021521, S/o Damodar Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
6. ​ Bhim Singh ID No. 80021281, S/o Bhagirath Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
7. ​ Jitendra ID No. 80021030, S/o Ashok Kumar, presently working on
the post of T/Mate in the office of Central Ordnance Depot, Agra.
8. ​ Lokesh Kumar ID No. 80021280, S/o Shri Vinod, presently working
on the post of T/Mate in the office of Central Ordnance Depot, Agra.
9. ​ Vipin Kumar ID No. 80021508, S/o Satyaprakash, presently working
on the post of T/Mate in the office of Central Ordnance Depot, Agra.
10. ​ Pradeep Kumar ID No. 23527150, S/o Netram Kumar, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
11. ​ Haripal Singh ID No. 80020777, S/o Raghuveer Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
12. ​ Shyam Singh ID No. 23527153, S/o Pritam Singh, presently working
on the post of T/Mate in the office of Central Ordnance Depot, Agra.
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O.A/924/2026

13. ​ Avadhesh Kumar ID No. 80020536, S/o Virendra Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
14. ​ Siyaram ID No. 80021304, S/o Pritam Singh, presently working on
the post of T/Mate in the office of Central Ordnance Depot, Agra.
15. ​ Amit Kumar B ID No. 80005021, S/o Bhagwan Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
16. ​ Prem Chandra ID No. 23527225, S/o Ganga Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
17. ​ Hori Lal ID No. 80020481, S/o Hari Ram, presently working on the
post of T/Mate in the office of Central Ordnance Depot, Agra.
18. ​ Baghel ID No. 80021507, S/o Prabhu Dayal Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
19. ​ Ajeet Singh ID No. 80020065, S/o Raghunath Singh, presently
working on the post of T/Mate in the office of Central Ordnance
Depot, Agra.
​ ….Applicants
By Advocate: ​ Mr. Rachit Prakash
​ ​ ​ Mr. Rakesh Kumar Srivastava
​ ​ ​ Mr. Dharmendra Tiwarir

Versus
1. ​ Union of India through Secretary to Govt. of India, Min of Def, New
Delhi-110011.
2. ​ The Chief of Army Staff, through DG Ordinance services, MGS
Branch, Sena Bhawan, IHQ of MoD (Army) New Delhi-110105.
3. ​ The Principle Comptroller of Defence Account (Pension) Office of
PCDA Draupadi Ghat Allahabad.
4. ​ The Commandant, Central Ordnance Depot Agra.
5. ​ Local Account Officer, Office of the Local Audit Office, Central
Ordnance Depot Agra Cantt.
…Respondents.
By Advocate: Mr. Chakrpani Vatsyayan

ORDER
By Hon’ble Mr. Rajnish Kumar Rai, Member (J):
Mr. Dharmendra Tiwari along with Mr. Rakesh Srivastava, learned
counsel for the applicant, and Mr. Chakrapani Vatsyayan, learned
counsel appearing for the respondents, are present and heard.
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O.A/924/2026

2.​ The applicant has approached this Tribunal under Section 19 of the
Administrative Tribunals Act, 1985, praying for the following
reliefs:-
“ i) to issue an order or direction commanding the respondent to fix the
pay of applicant under CCS(RP) Rules 2016 as per option
re-exercised to fix the pay under FR 22(1)(a)(1) with effect from
01.07.2016 with all consequential benefits.
ii) Issue an order or direction of suitable nature which this Hon'ble
Tribunal may deem fit and proper under the facts and
circumstances of the case.
iii) ​Cost of proceeding be awarded to the applicant.
3. ​ Learned counsel for the applicants submits that the applicants are
similarly situated and their grievance is for grant of pay fixation
under the CCS (RP) Rules, 2016, as per the option exercised by them
for fixation of pay under FR 22(1)(a)(1) w.e.f. 01.07.2016. Learned
counsel for the applicants submits that an identical issue with regard
to fixation of pay under FR 22(1)(a)(1) has been raised by the
applicants on the ground that the Ministry of Finance issued O.M.
dated 15.04.2021, vide which further opportunity was granted to
exercise the option for pay fixation, as earlier allowed vide O.M.
dated 28.11.2019, within three months. Learned counsel for the
applicants submits that all the applicants have exercised the said
option and the cases were forwarded to the competent authority;
however, the same were rejected on the ground that the judgment
passed by the Chandigarh Bench of this Tribunal in OA No. 1210 of
2024 dated 23.03.2026 is not a judgment in rem but in personam .
Learned counsel for the applicants submits that since the applicants
are similarly situated employees and the issue has been settled by the
Chandigarh Bench, which has been complied with by the
respondents, they are seeking similar benefits, for which they have
raised their grievance subsequently vide representations dated May
2026, which are annexed as Annexure A-7 to the OA.
4.​ On the other hand, learned counsel for the respondents seeks time to
apprise this Court by way of instructions.
5.​ Considering the limited prayer made by the applicants, this Tribunal
is of the view to dispose of the Original Application at the admission
stage with a direction to the applicants to move a fresh representation
before the competent authority, along with the relevant subsequent
O.M.s as well as the judgment pronounced by the Chandigarh Bench
in OA No. 1210 of 2024, within two weeks from the date of receipt
of a certified copy of this order. On receipt of the said representation,
the respondents/competent authority is directed to consider the same
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O.A/924/2026

in accordance with law, keeping in view the facts and circumstances
of the applicants’ case as well as the judgment passed by the
Chandigarh Bench in OA No. 1210 of 2024, and pass a reasoned and
speaking order within a period of three months from the date of
receipt of the said representation.
6.​ Accordingly, the instant Original Application stands disposed of with
the above-mentioned directions.
7.​ It is made clear that this Tribunal has not entered into the question of
delay, laches, or the merits of the applicant’s claim. All issues are left
open for consideration by the respondents.
8.​ All pending M.A.s, if any, stand disposed of. No order as to costs.



MANJU PANDEY​ ​ ​ ​ ​ ​ RAJNISH KUMAR RAI
MEMBER (A)​ ​ ​ ​ ​ ​ ​ MEMBER (J)



/Arpita/

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