Virendra Singh vs DEFENCE

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Item No.17/ C-IV O.A. No. 1029/2025

Central Administrative Tribunal
Principal Bench: New Delhi
(Nainital Circuit Sitting)
Through Video Conferencing

O.A. No. 1029/2025
M.A. No.2180/2026

st
This the 21 day of August, 2026

Hon’ble Mr. Manish Garg, Member (J)
Hon’ble Dr. Anand S Khati, Member (A)

Virendera Singh (male) aged about 57 years S/o Shri
Shyam Singh Chauhan, presently posted as Master
Craftsman at Ordinance Factory, Dehradun R/o C-
25/8, New Type-III, OFD Estate, Dehradun, District
Dehradun
…Applicants

(By Advocate: Mr. Kishore Rai)

Versus

I. Union of India through Secretary, Ministry of Defence
Production (DDP), New Delhi.

2. Secretary, Ministry of Personnel, Public Grievance
and Pension (Department of Personnel and Training),
North Block, New Delhi.

3. Director General, Ordinance Factories, Ministry of
Defence, Government of India, Ordinance Factories
Board, 10-A, Shaheed Khudi Ram Bose Road, Kolkata
700001.
4. Additional Director General, Armed Vehicle
Headquarter, Avdi, Chennai

5. General Manager, Ordinance Factory, Raipur,
Dehradun

…Respondents
(By Advocates: Mr. T C Aggarwal)
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Item No.17/ C-IV O.A. No. 1029/2025

ORDER (ORAL)

Hon’ble Mr. Manish Garg, Member (J)

In the present Original Application (O.A.) filed
under Section 19 of the Administrative Tribunals Act,
1985, the applicant seeks the following reliefs:-.
“I. A direction to quash the impugned orders dated
01.12.2010, 13-12-2010 and 20.06.2011 (Annexure A-I,
A-2 and A-3 to the OA) to the extent it treats the grade
pay of Rs. 2800/- as promotion for the purpose of
ACPIMACP. (contained as Annexure No. A-1, A-2, and A-
3 to the original application),

II. To issue an order directing the respondents to grant
the IInd Financial up-gradation to the applicants in the
pay scale of 5,000-8,000 revised 9,300-34,800 grade pay
of Rs 4,200/-, Pay Band-2 with effect from the
completion of 20 years of their service with all
consequential benefits.

III. To pass any other order or direction which this
Hon'ble Court may deem fit and proper in the
circumstances of the case.

IV. To Award the cost of the petition.”

2. Learned counsel for the respondents submits
that the order passed by this Tribunal has been
challenged before the Hon’ble High Court, which has
upheld the order of this Tribunal. The said order of
the Hon’ble High Court has further been challenged
before the Hon’ble Supreme Court by way of an SLP
bearing No. 36457-36460/2025. However, there is no
stay operating against the order passed by this
Tribunal.
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Item No.17/ C-IV O.A. No. 1029/2025

3. Learned counsel for the applicant submits that
in the execution proceedings arising out of the same
matter, the order has already been implemented,
subject to the outcome of the aforesaid SLP. It is
submitted that similar directions may be issued in the
present Original Application also.
4. On the other hand, learned counsel for the
respondents relies upon the averments contained in
the reply and submits that since there is no stay
against the order passed by this Tribunal, there is no
impediment in implementing the said order.
5. Having considered the submissions made by
learned counsel for the parties, we find that there is
no stay operating against the order passed by this
Tribunal. Accordingly, the respondents are directed to
comply with the directions issued by this Tribunal,
subject to the outcome of the pending SLP.
6. The aforesaid compliance shall, however, be
undertaken after obtaining an appropriate
undertaking from the applicants that, in the event the
respondents succeed before the Hon’ble Supreme
Court in the pending SLP, the applicant shall refund
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Item No.17/ C-IV O.A. No. 1029/2025

the amount received by him pursuant to such
compliance.
7. The Original Application stands disposed of in
the aforesaid terms. Pending M.As., if any, shall also
stand disposed of.
8. There shall be no order as to costs.

(DR. ANAND S KHATI) (MANISH GARG)
MEMBER (A) MEMBER (J)
/ sm /
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