Madras High Court

WP/35002/2025 of Union of India Vs Shyamala Bhaskar on 28 August 2026

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WP No. 35002 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

24.08.2026

Pronounced on

28.08.2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM

AND

THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN

WP No. 35002 of 2025

and

CMP No.39146 of 2025

1. Union of India

Represented by the Director ( P & S),

Directorate of Purchase and stores Department of Atomic Energy, Vikram Sarabhai Bhavan, Anushakthi Nagar, Mumbai – 400094

2. The Regional Director

Regional Purchase Unit, Directorate of

Purchase and Stores, Department of Atomic Energy, 6th Floor, Shastri Bhavan, No.4

Haddows Road, Chennai – 600 006

..Petitioner(s)

Vs

Shyamala Bhaskar

Junior Hindi Translator, Regional Purchase Unit, Directorate of Purchase and Stores, Department of Atomic Energy, 6th Floor, Shastri Bhavan, No.4

Haddows Road, Chennai – 600 006

..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Certiorari to call for the records relating to the order passed by the Hon’ble Central Administrative Tribunal, Chennai Bench in O.A.No.878 of 2016 dated 21.06.2024, quash the same.

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WP No. 35002 of 2025

For Petitioner(s):

Mr.K.Venkatasway Babu,

S.P.C., Govt. of India

For Respondent(s):

Ms.T.P.Savitha

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ORDER

Krishnaswamy Govindarajan,J. This Writ Petition has been filed by the Union Of India challenging the order of the Central Administrative Tribunal (CAT) passed in OA/310/00878/2016 dated 21.06.2024.

2. The prayer in the Original Application is to quash and set aside the orders passed by the 1st respondent in File No.DPS/Rectt/14006/MACP/1049 dated 15.05.2013 and File No.DPS/Rectt/14006/MACP/477 dated 23.04.2014, which denied the grant of MACP benefits to the applicant. The applicant further sought a direction to the 1st respondent to grant her the 1st and 2nd financial upgradations in the Grade Pay of Rs.4,800/- w.e.f. 01.09.2008 and Rs.5,400/- w.e.f. 10.12.2010, respectively, along with all consequential and attendant benefits flowing therefrom.

3. It is the case of the respondent in the present Writ Petition (who was the applicant in the Original Application) that she was appointed as a Junior Hindi Translator (JHT) in the pay scale of Rs.1400-40-1800-EB-50-2300 on 10.12.1990 in the 2nd respondent establishment, under the control of the 1st

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WP No. 35002 of 2025

respondent Department. Consequent upon completing 12 years of service, she received her 1st financial upgradation under the Assured Career Progression Scheme (ACPS) on 10.12.2002, and her pay was fixed periodically thereafter. Subsequently, the Modified Assured Career Progression Scheme (MACPS) was introduced, which provided upgradations at intervals of 10, 20, and 30 years of regular continuous service, effective retrospectively from 01.09.2008. The respondent claimed that upon completing 20 years of continuous service in the same grade of JHT, she was entitled to one financial upgradation under the MACP scheme, which was denied. Aggrieved by the denial, she filed the Original Application before the Central Administrative Tribunal seeking financial upgradation under the MACP Scheme.

4. This application was opposed by the Union of India on the grounds that the applicant did not hold the post of Senior Hindi Translator, had not received any regular promotion, and was therefore ineligible for the benefits under the MACP Scheme.

5. On the basis of these submissions, the Central Administrative Tribunal allowed the Original Application holding as follows: “6.1. In view of the above discussions, we allow the present OA with directions to grant to the applicant(s) from 01.09.2008 (date of advent of

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WP No. 35002 of 2025

MACPS) in the Grade Pay of Rs.4800/-. Thereafter, the 2nd financial upgradation in terms of calculation of 20 years and the 3rd financial upgradation thereafter.

6. The Central Administrative tribunal further directed the Union of India to re-fix the pay scale accordingly. Challenging this order, the present Writ Petition has been filed.

7. There is no dispute that the respondent was appointed as a Junior Hindi Translator on 10.12.1990. The MACP Scheme was introduced only in the year 2008. Prior to that, the prevailing scheme was the Assured Career Progression Scheme (ACPS), through which the respondent was granted her 1st financial upgradation. It is the case of the respondent herein that she is entitled to claim benefits under the MACP Scheme calculated from her date of appointment. However, since she has already enjoyed the benefits under the ACP Scheme, she is not entitled to take advantage of the subsequent scheme and claim benefits retrospectively. Entertaining the respondent's claim would amount to granting the benefits of both schemes to a single individual, which defeats the object of the schemes.

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WP No. 35002 of 2025

8. The order of the Central Administrative Tribunal extending the MACP Scheme to the respondent runs contrary to service jurisprudence. Having already secured the benefits under the ACP Scheme, the respondent cannot seek retroactive implementation of the 2008 MACP scheme for periods already covered by her 2002 ACP upgradation.

9. In view of the foregoing, we are interfering with the order of the Central Administrative Tribunal.

10. Accordingly, this Writ Petition stands allowed and the order of the Central Administrative Tribunal is set aside. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.S.,J.) (K.G.R.,J.) 28-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No KSA-2

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WP No. 35002 of 2025

To The Central Administrative Tribunal, Chennai Bench

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WP No. 35002 of 2025

S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. KSA-2 Order made in WP No. 35002 of 2025 28-08-2026

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