Sant Ram vs DEFENCE

1 OA No.4356/2025

Central Administrative Tribunal
Principal Bench, New Delhi


OA No.4356/2025


Order reserved on: 28.09.2026
Order pronounced on: 28.10.2026


Hon’ble Dr. Chhabilendra Roul, Member (A)
Hon’ble Sh. Rajveer Singh Verma, Member (J)


Sant Ram
S/o Late Sh. Fahe Singh
R/o H.No.1078/16, Shiv Colony, Jind,
Haryana-126102.
....Applicant
(By Advocate: Mr. Saurabh, Ms. Neelima Rathore,
Ms. Bhavya Saini, Mr. D.S.Mahendru)

Versus

1. Union of India through the Secretary
M/o Defence, South Block,
New Delhi.

2. The Commandant
Central Ordnance Depot,
Delhi Cantt.-110010.
... Respondents

(By Advocate: Mr. Ashish Singh)


ORDER

By Dr. Chhabilendra Roul, Member (A)


The instant Original Application has been filed by the
applicant under Section 19 of the Administrative Tribunals
Act, 1985, seeking the following relief:

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2 OA No.4356/2025

“ (a) Directing the respondents to place the relevant records
pertaining to the present O.A. before their Lordships for
the proper adjudication in the matter, in the interest of
justice.
(b) Quash and set aside the impugned Orders 10.10.25
(Annexure A/1) issued by the respondent No. 2 declining
the request of the applicant for grant of benefit of
upgradation due on account of 2nd MACP w.e.f. 06.02.22
and annual increments also for the year 2023-24 & 2024-
25 is contrary to the DOP&T OM dt. 19.09.2022 &
21.11.22.
(c) Directing the respondents grant financial upgradation
to the applicant for 2nd MACP w.e.f. 06.02.22 as well as
annual increment for the period from 2023-24 & 2024-25
to the applicant with all other consequential benefits with
payment of arrears and interest on all delayed payments.
(d) Allowing the O.A. of the applicant with all other
consequential benefits and costs.
(e) Any other fit and proper relief may also be granted to
the applicant.”

2. Factual Matrix

2.1 The applicant retired from Military Service after
rendering 18 years of unblemished service with Defence
Ministry in March, 2000. He was appointed on the post of
Fireman (Civilian)/Group C against Ex-Serviceman quota.

st
2.2 The applicant got 1 MACP w.e.f. 06.02.2012 on
completion of 10 years of service with the respondents. He
submitted an application on 08.10.2021 for grant of earned
leave w.e.f. 08.10.2021 to 10.02.2022 and after verbal
consent from his superior i.e., Civilian Security Officer (CSO)
proceeded on leave.
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3 OA No.4356/2025

2.3 The applicant reported for duty on 11.02.2022 on expiry
of his earned leave with original medical fitness certificate but
was not allowed to join and perform his duties.

2.4 He submitted a representation on 15.02.2022 to
respondent No.2 requesting to allow him to join his duties
w.e.f. 11.02.2022 and release his salary which was withheld
by the respondents since December, 2021 but of no avail.

2.5 Aggrieved, the applicant filed OA No.702/2022, seeking
sanction of earned leave for the period from 08.10.2021 to
10.02.2022 and to allow him to join duty w.e.f. 11.02.2022
and also to release his withheld salary from December, 2022.

2.6 This Tribunal vide order dated 11.06.2024 passed the
following order:
“ 6. Relief(s) :We, therefore, dispose of the present OA with
following direction(s) :-
6.1 The applicant shall submit the leave application for the
purpose of treating the leave period for releasing the pay
and allowance for the period from 11.02.2022 to
19.01.2023 which has to be regularized and the
respondents shall consider the matter and pass an order
afresh on the applicant's application for sanction of
commuted leave i.e. earned leave in the light of the above
position within four weeks from today. The same shall be
communicated to the petitioner forthwith.
6.2 All consequential benefits shall be released to the
applicant within eight weeks from the date of office Order.
6.3 In case the respondent fails to release the
consequential benefits, the applicant shall be entitled to
interest thereon at the rate of 6% per annum from the date
of the office order till its release.
6.4 The OA is disposed of accordingly. All pending misc.
application(s), if any also disposed of. No costs.

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4 OA No.4356/2025

2.7 The applicant challenged the said order in WP(C)
No.9813/2024 before the Hon’ble High Court of Delhi.
Hon’ble High Court vide order dated 03.12.2025 remanded
the matter back to this Tribunal. In pursuance with the said
order, the OA was heard afresh and vide order dated
13.02.2026, this Tribunal passed the following order:

“6. Learned counsel for the applicant has drawn my
attention to the decision rendered by the Hon’ble Apex
Court in the matter of Burn Standard Co. Ltd. And Ors.
vs. Tarun Kumar Chakraborty and Ors (2002) 10 SCC 585
decided on 18.04.2000, highlighting para ‘7’, which reads
as follows:

“ 7. The question is whether the first respondent is
entitled to his salary for the period from 12-10-1988 to
15-5-1997. It is no doubt true that the first respondent
did not work during that period and, without anything
more, he cannot claim salary for the said period on the
principle "no work, no pay". But in this case, he
reported to the appellants to join service on 12-10-1988
but was not allowed to do so till 15-5-1997. It is not on
account of any fault of the first respondent that he was
kept out of service and not permitted to work by the
appellants. The appellants endeavoured to justify their
action on the ground that due to pendency of case filed
by the Association they believed that they could not
permit him to join duty except on pain of facing
contempt proceedings and that they took all possible
steps to help the first respondent first by taking legal
advice and secondly by seeking permission of the
Court as such they had reasonable cause for not
allowing him to join service.”

2.8 The applicant challenged the said order before the Delhi
High Court in WPC No. 9813/2024. The Hon’ble Delhi High
Court vide order dated 19.07.2024 stayed the operation of
Para 6.1 of the said order. Subsequently, the Delhi High
Court vide order dated 11.06.2024 remanded the matter to
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5 OA No.4356/2025

this Tribunal for fresh consideration. This Tribunal vide order
dated 13.02.2026 passed the following order:
“12. In view of the foregoing discussion, I am of the
considered opinion that the period from 11.02.2022 to
19.01.2023 deserves to be treated as duty for all intents
and purposes. Consequently, the respondents are directed
to release all pay and allowances admissible for the said
period within 45 days from the date of receipt of a certified
copy of this order.
13. Accordingly, the OA is disposed of. All Pending MAs,
if any, shall also stand disposed of. No costs.”

2.9 As the respondents have not granted the annual
increments for the 2023-24 and 2024-25 and have not
nd
granted the 2 MACP benefits as prayed in his representation
and legal notice, the applicant has filed the present OA
seeking the aforementioned relief.

3. Pursuant to the notices issued, the respondents entered
appearance and filed their reply, to which the applicants have
filed their rejoinder.

4. Submissions by learned counsel for the applicants

4.1 The learned counsel for applicant states that the
applicant joined with the respondents as Fireman (Civilian)
against a Group C post as on 06.02.2002. He has been
granted first MACP as on 06.02.2012. He has completed 20
years’ service as on 05.02.2022. As per the MACP Scheme,
nd
the applicant has a right to be considered for grant of 2
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6 OA No.4356/2025

MACP on completing 20 years of regular services with the
respondents.

4.2 Similarly, the learned counsel for the applicant states
that the applicant has served diligently for the period 2023-24
and 2024-25. Hence, the applicant should have granted the
annual increments as has been granted to other employees.
The respondents in their counter affidavit dated 30.07.2026
(Paragraph 5) have stated that the respondents have not
granted the MACP benefits due to the pendency of OA
No.702/2022. This Tribunal vide order dated 13.02.2026 has
finally decided the said OA. Hence, there is no bar for taking
nd
a decision in respect of 2 MACP. Moreover, the period which
has been treated as duty, pertains to the period after the
applicant completed 20 years of regular service.

4.3 The learned counsel for the applicant further states that
the Respondents have treated the period from 11.02.2022 to
19.01.2023 as duty for all intents and purposes, they should
also grant the applicant annual increments for the year 2023-
24 and 2024-25.

5. Submission by learned Counsel for the Respondents
5.1 The learned counsel for the respondents referred to the
additional affidavit filed by the respondents on 23.09.2026
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7 OA No.4356/2025

and states that the respondents have issued sanction order
treating the period from 11.02.2022 to 19.01.2023 as duty for
all intents and purposes. After receiving the administrative
sanction, the applicant has signed his pension papers and his
pension papers are under scrutiny. The respondents after
receiving the pension papers/service record from the
concerned authorities shall process the case for granting all
financial benefits admissible to the applicant.

6. Analysis and Conclusion
6.1 In view of the submissions by the respondents vide their
affidavit dated 23.09.2026, there is no more issue left for the
Tribunal for adjudication. Accordingly, the present OA is
disposed of with the following directions:
nd
(i) Let the respondents consider the grant of 2 MACP to
the applicant on completion of 20 years regular service
from the date of joining by him with the respondents as
per the extant policy/scheme/guidelines for grant of
such MACP. If he is found otherwise eligible for grant
of such MACP, then applicant is entitled to all
differential back wages along with simple interest at
applicable GPF rates for the period when such MACP
was due and till the date of actual payment.
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8 OA No.4356/2025

(ii) Let the respondents also consider grant of annual
increments to the present applicant for the years 2023-
24 and 2024-25 in view of the decision of this Tribunal
in OA No. 702/2022 dated 13.02.2026 and the order of
the respondents dated 01.09.2026 treating the period
from 10.02.2022 to 19.01.2023 as duty for all intents
and purposes.
(iii) The above exercise shall be completed by the
respondents within a period of eight weeks from the
date of receipt of a certified copy of this order.
7. No order as to costs.
8. Pending MAs, if any, shall also stand disposed of.



(Rajveer Singh Verma) (Dr. Chhabilendra Roul)
Member (J) Member (A)

‘SD’


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