OP (CAT) NO. 65 OF 2021 1 2025:KER:23441 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL & THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR WEDNESDAY, THE 19TH DAY OF MARCH 2025 / 28TH PHALGUNA, 1946 OP (CAT) NO. 65 OF 2021 AGAINST THE ORDER DATED 19.06.2019 IN OA NO.295 OF 2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS/RESPONDENTS: 1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, LODHI ROAD, NEW DELHI-110 001 2 THE DIRECTOR GENERAL OF NAVAL ARMAMENT, INTEGRATED HEADQUARTERS, MINISTRY OF DEFENCE (NAVY), WEST BLOCK-V, R.K.PURAM, NEW DELHI-110 011 3 THE FLAG OFFICER COMMANDING-IN-CHIEF, HEADQUARTERS, SOUTHERN NAVAL COMMAND, KOCHI-682 004. 4 THE CHIEF GENERAL MANAGER, NAVAL ARMAMENT DEPOT, NAD P.O, ALWAYE-683 563, KERALA. 5 THE ACDA (N) KOCHI, AAO (NAVY), PERUMANOOR P.O, VARGHESE THETTAYIL CROSS ROAD, THEVARA, KOCHI-682 015 OP (CAT) NO. 65 OF 2021 2 2025:KER:23441 BY ADV KRISHNA T C RESPONDENTS/APPLICANTS: 1 PADMAKUMAR M FOREMAN (AWS) GZTD, NAVAL ARMAMENT DEPOT, ALWAYE, NAD P.O, ALWAYE-683 563 2 SEBASTIAN C.S, FOREMAN (AWS) GZTD, NAVAL ARMAMENT DEPOT, ALWAYE, NAD P.O, ALWAYE -683 563 3 M. SATHIANATHAN, FOREMAN (AWS) GZTD, NAVAL ARMAMENT DEPORT, ALWAYE, NAD P.O, ALWAYE-683 563 BY ADV RAJESH RAJAGOPAL SRI T C KRISHNA DSGI IN CHARGE THIS OP (CAT) HAVING COME UP FOR HEARING ON 19.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP (CAT) NO. 65 OF 2021 3 2025:KER:23441 JUDGMENT AMIT RAWAL, J. The present Original Petition is filed against the order in O.A.No.295/2015 dated 19.06.2019 of the Central Administrative Tribunal, Ernakulam, whereby the claim of the respondent/applicant for grant of 3rd MACP introduced on 01.09.2008 has been ordered to be granted. 2. Succinctly the facts in brief for adjudication of the lis are enumerated hereunder: Respondents/three applicants had approached the tribunal with the following relief:- “A. To direct the respondents to grant the benefit of third financial upgradation to the applicants from the respective dates on which they have completed ten years of service in the grade pay of Rs.4600/- in terms of Annexure A1, A2 and A4. B. To direct the respondents to extend the benefit of third financial upgradation as ordered in Annexure A2 and as has been OP (CAT) NO. 65 OF 2021 4 2025:KER:23441 extended to the other employees under Annexure A2 as indicated in Annexure A11. C. To declare that the differential treatment meted out to the applicants who are working in the Naval Armament Depot, Alwaye vis-a-vis in the Naval Armament Depot, Mumbai and Goa in the matter of the grant of third financial upgradation is arbitrary and violative of Article 14, 16 and 335 of the Constitution, And D. To pass such other orders as this Honourable Tribunal may deem fit in the facts and circumstances of the case.” 4. They pleaded that they had entered into the service during the year 1985, 1986 and 1987. As per the erstwhile Advanced Career Progression Scheme applicable with effect from 01.08.1999, were given the first and second financial upgradations after completion of a period of 12 and 24 years of service. Later on the MACP Scheme was introduced on 01.09.2008, entitling the persons to get the financial benefits only after completing 10, 20 and 30 years of service. The MACP Scheme had come out with guidelines giving the illustrations for the purpose of availing the Scheme. OP (CAT) NO. 65 OF 2021 5 2025:KER:23441 5. Learned Tribunal in Paragraph 5 of the judgment relying upon Illustration 28(A)(i)(ii), held that on completion of 20 years of service from first promotion, financial upgradation be given to the employees which has gone unnoticed post MACP Scheme and therefore, considering the fact that the respondents/applicants had rendered 30 years of service, ordered for entitlement of 3rd financial upgradation under the MACP Scheme as per Annexure A2 and Annexure A4, as 27.02.2011 to Applicant Nos.1 and 2 and 30.09.2011 to Applicant No.3 and the petitioners/respondents were directed to grant the benefit within a period of 90 days from the date of receipt of a copy of the order. 6. Annexure A2 reads as under:- “FINANCIAL UPGRADATION UNDER MACP SCHEME – NA ORGANISATION 1. Refer to Govt. of India, Ministry of Personnel, Public Grievances and Pensions (DOPT&T) OMs No.35034/1/97-ESTT(D) dated 09 Aug 99 and 35043/3/2008-Estt.(D) dated 19 May 09. 2. Based on the recommendations of the Departmental Screening Committee, convened to grant financial upgradation under Modified Assured Career Progression (MACP) Scheme, the following individuals in the merged grade of Chargeman (AWS) are found fit for grant of 2nd / 3rd financial upgradation as per details mentioned against each individuals:- OP (CAT) NO. 65 OF 2021 6 2025:KER:23441 Sl. No. Name S/Shri. Unit Pay Scale (Pay Band/Grade Pay) from which financial upgradation is to be effected Pay scale (Pay Band/Grade Pay) to which financial upgradation is to be effected Effective Date for grant of 1st /2nd /3rd MACP Remakrs (i) S.G.Shriwardhanka r NAD(MB) PB-2, GP - 4600 PB-2, GP - 4800 3rd 01.09.08 Promoted to the grade of AF(AWS) 08.08.12 (ii) M.Padmakumar NAD(Alwa ye) PB-2, GP - 4600 PB-2, GP - 4800 3rd 27.02.11 Promoted to the grade of AF(AWS) 08.08.12 (iii) C.S.Sebastian NAD(Alwa ye) PB-2, GP - 4600 PB-2, GP - 4800 3rd 27.02.11 Promoted to the grade of AF(AWS) 08.08.12 (iv) Marshall F Vaz NAD(Goa) PB-2, GP - 4600 PB-2, GP - 4800 3rd 14.09.11 Promoted to the grade of AF(AWS) 08.08.12 (v) R.M.Naneware NAD(MB) PB-2, GP - 4600 PB-2, GP - 4800 3rd 06.09.11 Promoted to the grade of AF(AWS) 08.08.12 (vi) S.R.Mhatre NAD(MB) PB-2, GP - 4600 PB-2, GP - 4800 3rd 06.09.11 Promoted to the grade of AF(AWS) 08.08.12 (vii) M.Sathianat han NAD(Alwa ye) PB-2, GP - 4600 PB-2, GP - 4800 3rd 30.09.11 Promoted to the grade of AF(AWS) 08.08.12 OP (CAT) NO. 65 OF 2021 7 2025:KER:23441 (viii) P.S.Mahekar NAD(MB) PB-2, GP - 4600 PB-2, GP - 4800 3rd 06.09.11 Promoted to the grade of AF(AWS) 08.08.12 (ix) S.S.Munjewar NAD(MB) PB-2, GP - 4200 PB-2, GP - 4600 2nd 29.01.11 (x) M.B.Shimpi NAD(MB) PB-2, GP - 4200 PB-2, GP - 4600 2nd 29.01.11 (xi) A.V.Varik NAD(MB) PB-2, GP - 4200 PB-2, GP - 4600 2nd 29.01.11 (xii) D.M.Nair NAD(MB) PB-2, GP - 4600 PB-2, GP - 4800 3rd 01.09.08 (xiii) V.B.Parab NAD(MB) PB-2, GP - 4600 PB-2, GP - 4800 3rd 06.09.11 3. The financial upgradation is purely personal to the incumbent without change of designation and duties and shall have no relevance to his/her seniority position. 4. The other conditions will be same as promulgated vide DOP&T OM dated 19 May 09 mentioned in Para 1 above. 5. The financial upgradation under MACP Scheme are subject to the condition that no disciplinary/vigilance case is pending against the individuals. The financial upgradation ordered vide this letter are subject to the final decision in cases pending before the CAT/Court, if any. 6. If it requested that necessary action may be taken for grant of financial upgradation under MACP Scheme to the individuals as notified above.” 7. The judgment is in accordance with Annexure A2 which has not been disputed by the petitioners during the course of the matter pending before the Tribunal. 8. Therefore, we are of the view that the finding of fact and law arrived at by the learned Tribunal does not require any different OP (CAT) NO. 65 OF 2021 8 2025:KER:23441 opinion, warranting interference under Article 227 of the Constitution of India. No merit, dismissed. Sd/- AMIT RAWAL JUDGE Sd/- K. V. JAYAKUMAR JUDGE MC/20.3 OP (CAT) NO. 65 OF 2021 9 2025:KER:23441 APPENDIX OF OP (CAT) 65/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE OA NO. 295/2015 DATED FILED BY THE RESPONDENT BEFORE THE HON'BLE CAT, ERNAKULAM BENCH. Exhibit P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE PETITIONERS DATED 25.09.2015. Exhibit P3 TRUE COPY OF THE ORDER DATED 19.06.2019 IN OA NO. 295 OF 2015 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. Annexure A1 TRUE COPY OF THE OFFICE MEMORANDUM NO. 35034/3/2008-ESTT.(D) DATED 19.05.2009. Annexure A2 TRUE COPY OF THE COMMUNICATION DATED 16.10.2012. Annexure A3 TRUE COPY OF THE COMMUNICATION DATED 3.9.2012. Annexure A4 TRUE COPY OF THE COMMUNICATION DATED 24.6.2013. Annexure A5 TRUE COPY OF THE LETTER DATED 28.11.2013. Annexure A6 TRUE COPY OF THE LETTER DATED 19.2.2014. Annexure A7 TRUE COPY OF THE REPRESENTATION DATED 24.3.2014. Annexure A8 TRUE COPY OF THE COMMUNICATION DATED 30.04.2013. Annexure A9 TRUE COPY OF THE PAY FIXATION PRO FORMA OP (CAT) NO. 65 OF 2021 10 2025:KER:23441 DATED 19.6.2014. Annexure A10 TRUE COPY OF THE COMMUNICATION DATED 2.7.2014. Annexure A11 TRUE COPY OF THE PAY FIXATION PRO FORMA DATED 7.3.2013. Annexure R1 TRUE COPY OF THE PCDA (MUMBAI) LETTER DATED 30.06.2015. Annexure R2 TRUE COPY OF THE IHQ OF MOD (N) LETTER CP(NG)/2853/MACP/CLARIFICATION DATED 3.7.2015.