CAT - ['Srinagar']
Administrative and Public LawEmployment and Labour Law

ACP/MACP claims require individual service-record verification and reasoned consideration under applicable precedents.

Abdul Majid Bhat vs Military Engineer Services (MES)

CAT - ['Srinagar']JUDGMENT: September 25, 20262 MIN READSOURCE JUDGMENT
ACP/MACP claims require individual service-record verification and reasoned consideration under applicable precedents.. Abdul Majid Bhat vs Military Engineer Services (MES). CAT - ['Srinagar']. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicants, serving or retired Military Engineer Services (MES) employees, claimed entitlement to a second financial upgradation under the ACP Scheme in Grade Pay ₹2,400 and a consequential third upgradation under the MACP Scheme in Grade Pay ₹2,800.

Source reference: para. 2–4

They alleged that their claims had been assessed on a lower Grade Pay despite precedents concerning the merger or restructuring of pay scales.

Source reference: para. 2–4

The applicants relied on earlier Tribunal and High Court decisions, including D.S. Rawat, Union of India v. K.T. Akhtar, and Sharshti Kumar.

Source reference: para. 5–8

At the hearing, their counsel asked that the applications be treated as representations for decision by the competent authority; the respondents did not oppose consideration in accordance with law and subject to verification of the applicants’ service records.

Source reference: para. 12–14
02

Issues

Whether the applicants were entitled to the claimed second ACP and consequential third MACP upgradations in the specified Grade Pays.

Source reference: para. 2, 16

Whether, given the need to verify each applicant’s service particulars and eligibility, the claims should be considered in the first instance by the competent authority.

Source reference: para. 18–20
03

Law Applied

The Tribunal identified the ACP Scheme dated 9 August 1999, the MACP Scheme dated 19 May 2009, and the applicable rules, instructions, and departmental communications as the governing framework.

Source reference: para. 4, 21

It also directed consideration of the cited decisions, including D.S. Rawat v. Union of India & Ors., Union of India & Ors. v. K.T. Akhtar & Ors., Baldev Singh & Ors., Madan Lal & Ors., Chaman Lal v. Garrison Engineer, and Sharshti Kumar & Others v. Union of India & Others, to the extent applicable.

Source reference: para. 21–22

The Tribunal did not itself determine the substantive legal effect of those schemes or precedents; it left the applicable law and the applicants’ entitlement open for the competent authority to decide.

Source reference: para. 20, 24
04

Reasoning

The Tribunal considered that the connected applications raised a common ACP/MACP grievance but that the applicants’ service histories might differ, including as to qualifying service, promotions, prior financial upgradations, pay particulars, and retirement status.

Source reference: para. 16, 18

Because those matters required individual record-based verification, and because the applicants sought that course at the hearing, the Tribunal remitted the claims rather than deciding entitlement on the merits.

Source reference: para. 19–20

It required the competent authority to assess whether each applicant was similarly situated to the employees covered by the cited decisions and otherwise eligible under the governing scheme.

Source reference: para. 21–22
05

Holding

The Tribunal disposed of O.A. Nos. 689/2023, 369/2024, 705/2023, 818/2023, and 819/2023 by directing the respondents or competent authority to treat them as representations and decide each applicant’s claim through a reasoned, speaking order within eight weeks of receiving the order, with a copy communicated within a further week.

It expressed no opinion on the merits and left all questions of fact and law open.

Source reference: para. 24

There was no order as to costs.

Source reference: para. 26
CAT - ['Srinagar']

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Abdul Majid BhatvsMilitary Engineer Services (MES)

CAT - ['Srinagar'] · September 25, 2026

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