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. 2–4They 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. 2–4The 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. 5–8At 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. 12–14Issues
Whether the applicants were entitled to the claimed second ACP and consequential third MACP upgradations in the specified Grade Pays.
Source reference: para. 2, 16Whether, 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. 18–20Law 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, 21It 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. 21–22The 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, 24Reasoning
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, 18Because 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. 19–20It 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. 21–22Holding
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. 24There was no order as to costs.
Source reference: para. 26Original Court PDF
Abdul Majid BhatvsMilitary Engineer Services (MES)
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