- 1 - HC-KAR NC: 2025:KHC:37635-DB WP No. 53077 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION No. 53077 OF 2019 (S-CAT) BETWEEN: 1. SRI Y. C. JAYAVEERAPPA, S/O LATE SRI. CHANDRASHEKARAPPA, AGED ABOUT 65 YEARS, R/AT No.S4/12, ASWININ SHETTIHALLI ROAD, JALAHALLI WEST, BENGALURU-560015. …PETITIONER (BY SRI SRIKANTH M. P., ADVOCATE) AND: 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF INFORMATION AND BROADCASTING, 'A' WING, SHASTRY BHAVAN, NEW DELHI-110001. 2. THE DIRECTOR, MINISTRY OF PERSONNEL, PG AND PENSIONS, DEPARTMENT OF PERSONNEL AND TRAINING, NORTH BLOCK, NEW DELHI-110001. 3. THE DIRECTOR GENERAL DIRECTORATE OF AIR VETERANS, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37635-DB WP No. 53077 of 2019 INDIA AIR FORCE, CAMERO COMPLEX, SUBORTO PARK, NEW DELHI-110001. 4. THE CHIEF EXECUTIVE OFFICER, PRASAR BHARATI, II FLOOR, PTI BUILDING, PARLIAMENT STREET, NEW DELHI-110001. 5. THE DIRECTOR GENERAL, ALL INDIA RADIO, AKASHVANI BHAVAN, PARLIAMENT STREET, NEW DELHI-110001. 6. THE DIRECTOR GENERAL DOORDARSHAN, DOORDARSHAN BHAVN, COPERNICUS MARG, NEW DELHI-110001. 7. THE STATION DIRECTOR, ALL INDIA RADIO, RAJ BHAVAN ROAD, BANGALORE-560001. 8. THE DY. DIRECTOR GENERAL (P), DOORDARSHAN KENDRA, J.C.NAGAR, BANGALORE-560006. 9. THE PAY AND ACCOUNTS OFFICER, DOORDARSHAN KENDRA, SWAMI SIVANANDA SALAI, CHENNAI-600005. …RESPONDENTS (BY SRI B.S. VENKATANARAYANA, CGC FOR SRI MADHUKAR DESHPANDE, CGC FOR R1 TO R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 23.07.2018 PASSED ON - 3 - HC-KAR NC: 2025:KHC:37635-DB WP No. 53077 of 2019 O.A.No.170/00021/2017 PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BENGALURU, VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL ORDER (PER: HON'BLE MR. JUSTICE S.G.PANDIT) The petitioner, a retired Air Force person, is before this Court under Article 226 of the Constitution of India questioning the rejection of O.A. No.170/00021/2017 under order dated 23.07.2018, his request to count the past Air Force service for grant of ACP/MACP. 2. Heard Sri.M.P. Srikanth, learned counsel for the petitioner and Sri. B.S. Venkatanarayana for Sri.Madhukar Deshpande, learned CGC for the respondents. Perused the entire writ petition papers. 3. Sri. M.P. Srikanth, learned counsel for the petitioner would submit that the petitioner was initially appointed on 19.02.1974 as a Clerk in the Indian Air Force and was - 4 - HC-KAR NC: 2025:KHC:37635-DB WP No. 53077 of 2019 discharged on 28.02.1989. Subsequently, on his retirement, he was re-employed as a Lower Division Clerk on 04.06.1992 in the Ministry of Prasar Bharati. Subsequently, his re-employment pay was fixed on 10.09.1993. On attaining the age of his superannuation, he retired on 30.04.2014. The petitioner requested for grant of ACP and MACP by counting his past Air Force service. It is stated that as the respondents failed to consider the request of the petitioner, he approached the Central Administrative Tribunal in the above stated O.A. with several prayers and one of the prayer to count his Air Force service from 19.02.1974 to 28.02.1989 for the purpose of grant of ACP and MACP. The respondent, who appeared before the Tribunal by filing a statement of objections contended that the petitioner would not be entitled to the said benefit. The Tribunal on considering the rival contentions under the impugned order rejected the application against which the petitioner is before this Court in this writ petition. 4. Sri.M.P. Srikanth, learned counsel for the petitioner would contend that the reasons assigned by the Central Administrative Tribunal for dismissal of the application are - 5 - HC-KAR NC: 2025:KHC:37635-DB WP No. 53077 of 2019 erroneous and would not relate to the contentions raised by the petitioner. Petitioner would submit that in terms of the ACP and MACP OMs as well as the order passed by the Principal Bench of the Central Administrative Tribunal in O.A. No.1445/2010, the petitioner would be entitled to count the air Force service for the purpose of grant of ACP and MACP. 5. Per contra, learned counsel for the respondents would invite attention of this Court to Annexure-A22, a letter dated 16.06.2015 addressed from the Directorate of Air Veterans to the Inspector of Accounts, Prasar Bharati, which indicates that the petitioner was accorded five promotions during his Air Force service. Placing reliance on the said letter, learned counsel for the respondents would submit that the petitioner would not be entitled to count his Air Force service for grant of ACP and MACP since he has been promoted in the Air Force service. It is submitted that the purpose and object of granting ACP and MACP is to compensate a person who has not been promoted for a very long time and who continues in the same cadre or post for a very long time. Thus, learned counsel would pray for dismissal of the writ petition. - 6 - HC-KAR NC: 2025:KHC:37635-DB WP No. 53077 of 2019 6. Having heard learned counsel for the parties and on perusal of the entire writ papers, we are not inclined to accept the contentions of the petitioner and the writ petition is liable to be dismissed for the following reasons: 7. The facts are not in dispute. The petitioner joined the Air Force service as a Clerk on 19.02.1974 and was discharged from service on 28.02.1989. Letter dated 16.06.2015 (Annexure-A22) indicates that the petitioner got five promotions during his Air Force service. The said letter reads as follows: "DETAILS OF PAY SCALE 614867 EX SGT JAYAVEERAPPA YC DOD: 28 FEB 1989 1. Reference is made to your letter No.BNG/DDK/8 (YCJ/LDC)/2015-A dated 07 Apr 15. 2. The details of rank, date of promotion and pay scale of a/m Ex Air warrior as per record copy of his sheet roll (RCSR), are as appended. Rank With effect from Pay Scale (Rs.) As per CPC AC-2 19-02-1974 215 As per IIIrd CPC AC-1 01-11-1975 230 As per IIIrd CPC LAC 01-02-1977 240-6-312 As per IIIrd CPC CPL 19-02-1979 26-6-310-8-326 As per IIIrd CPC SGT 01-04-1985 300-8-380 As per IIIrd CPC SGT 01-01-1986 1100-26-1430- 30-1580 As per IVth CPC 3. Further, it is intimated that the basic pay of the individual as on discharge from IAF i.e., 28 Feb 1989 was Rs. 1255/-." - 7 - HC-KAR NC: 2025:KHC:37635-DB WP No. 53077 of 2019 8. The above clearly indicates that the petitioner was promoted on 01.11.1975, 01.02.1977, 19.02.1979, 01.04.1985 and 01.01.1986. The petitioner was initially appointed as a Clerk and retired from Air Force service as a Sergeant. 9. In-terms of the scheme of ACP and MACP, a Government servant who continues in the same post without promotion for 12 or 24 years would be entitled for ACP and MACP. Taking note of such fact, the petitioner was rightly granted ACP and MACP on 09.08.1999 and 01.09.2008 respectively. Since the petitioner was promoted during his Air Force service, the same service cannot be counted for the purpose of ACP and MACP. The purpose and object of providing ACP and MACP is to compensate a government servant to continue in the same cadre/post for long without any promotion. No ground is made out to interfere with the order passed by the Central Administrative Tribunal. Accordingly, rejected. - 8 - HC-KAR NC: 2025:KHC:37635-DB WP No. 53077 of 2019 It is a fit case for imposing cost. However, taking note of the fact that the petitioner is a retired Air Force person, we restrain from imposing any cost. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 26