NATISA INAYAT KHAN vs M/o Defence on 27 October 2026

ORDER

Per: Mr. Shri Krishna, Member (A)

The applicant has filed this Original Application seeking following reliefs: “(a) To allow the Application,

(b) To grant 1st A.C.P. to the Applicant w.e.f. 09.08.1999, in the pay scale of L.H.F. (Rs.3050 - 4590).

(c) To grant 2nd A.C.P. benefit to the Applicant w.e.f. 14.12.2002 by fixing his pay in the pay scale of Rs.4500 – 7000/-, (d) To grant 3rd M.A.C.P. benefit w.e.f. 14.12.2008 in the Pay Band - 1 + G.P. Rs.4600/- p.m., (e) To direct the Respondents to refix Applicant's pay as per Para 8 (b) to 8 (d), and also revise his retirement benefits, pension etc., (f) To pass any other orders which may be considered necessary in the facts and circumstances of the case, (g) To award the cost of application.”

2. Brief facts of the case are that the applicant is a retired Group ‘C’ employee from the office of respondent no. 2 after attaining the age of superannuation w.e.f. 31.12.2014. At the time of his retirement, he held the post of Leading Hand Fire (A) in the office of respondent no. 2 at Talegaon.

2.1 He was initially appointed as Mazdoor w.e.f. 14.12.1978 through Employment Exchange and was fitted in the

Phone=

CN=Rashmi I th th f thi d t Rashmi

3 OA No. 745/2018

pay scale of Rs. 196-232/- and was also given a special pay of Rs. 10/- for performing Ammunition duty as per the O.M. dated 28.02.1974. He was granted annual increment every year. Thereafter, the applicant was reclassified as Fireman Gr. II w.e.f. 08.12.1987 in the scale of Rs. 800-1500/- vide Army HQrs., letter No. A/08131/05-20 dated 01.09.1987. This appointment of applicant was by reclassification and it was not a regular promotion for him. The post of Fireman Gr. II is not a promotional post for Mazdoor. He was put on probation of 2 yrs., and was confirmed w.e.f. 12.01.1990, as Fireman Gr. II.

2.2 The applicant was regularly promoted to the post of Fireman Gr. I, w.e.f. 22.01.1999 as per Rules and was fitted in the revised pay scale of Rs.2750-4400/-. This was his first regular promotion. The D.O.P.T., based on the recommendations of Pay Commission had introduced Assured Career Progression Scheme (A.C.P. Scheme) w.e.f. 09.08.1999, but since the Applicant was already given one regular promotion from Fireman Gr. II to Fireman Gr. I w.e.f. 22.01.1999 prior to introduction of the A.C.P. Scheme, he was not eligible for grant of 1st Financial Upgradation in terms of A.C.P. Scheme.

Phone=

CN=Rashmi I th th f thi d t Rashmi

4 OA No. 745/2018

2.3 Vide letter dated 03.02.2000, the Respondents restructured the Fire Fighting cadre in the Army Ordnance Corps. The post of Fireman Gr. - II and Fire man Gr. - I was merged and redesignated as Fireman in the revised pay scale of Rs.2750 - 4400/- w.e.f. 03.02.2000. The Applicant came to be placed in the cadre of Fireman due to restructuring and merger of posts. This is not a regular D.P.C. promotion.

2.4 It has been further submitted that the applicant completed 24 years of regular service on 14.12.2002 and was given only one promotion from the post of Fireman Gr. II to Fireman Gr. I, and no second regular promotion was given to him before 14.12.2002. The Respondents ought to have considered Applicant's case for grant of 2nd A.C.P. w.e.f. 14.12.2002, which was not done and therefore, he was not granted 2nd Financial Upgradation from the date he was entitled i.e. from 14.12.2002. The Respondents however, illegally granted 2nd Financial Upgradation to the applicant only w.e.f. 01.09.2008 by fixing his pay in the scale of pay of P.B.-1 + G.P Rs. 2000/-, which is erroneous. According to the applicant, he was entitled to be fixed in the pay scale of Rs. 3050-4590/- w.e.f. 14.12.2002, which was

Phone=

CN=Rashmi I th th f thi d t Rashmi

5 OA No. 745/2018

the pay scale of the next promotional post of Leading Hand (Fire). The above pay scale was revised to scale of P.B.-1 + Grade Pay of Rs. 1900, as on 01.01.2006.

2.5 It has been submitted that the applicant had completed 30 years of service on 14.12.2008. Therefore, he was entitled to be given 3rd Financial Upgradation benefit and corresponding pay fixation in P.B. - 1 with G.P. of Rs. 2000 w.e.f. 14.12.2008. However, the respondents have given the applicant the 3rd Financial Upgradation w.e.f. 01.09.2008 (when Applicant did not complete 30 yrs., of service) and fixed his pay lower than what it ought to have been fixed if he was given 3rd A.C.P. w.e.f. 14.12.2008 and pay to be revised w.e.f. 01.01.2006 due to 6th Central Pay Commission by grant of scale of P .B.-1 plus G.P. Rs.4600/- p.m. In this connection, by a letter No. 1297/XX/EST- NI dated 21.04.2016 issued by respondent No. 2, details of I, II, and III A.C.P./M.A.C.P. benefits given to the applicant are shown, which is erroneous and incorrect.

2.6 It is averred that he was granted regular promotion by letter dated 28.12.2011 from the post of Fireman to the post

Phone=

CN=Rashmi I th th f thi d t Rashmi

6 OA No. 745/2018

of L.H.F. - 'A' in the Pay Band of Rs. 5200-20,200/- + Grade Pay Rs. 2000/- w.e.f. 01.01.2012. The applicant stood superannuated w.e.f. 31.12.2014 and P.P.O. No. C/AOC/16434/2015 was issued to him by P.C.D.A. (Pension) Allahabad (Annex. A - 5 showing that his last basic pay was Rs. 11670/- . p.m. in the pay scale of P.B. - 1 (Rs.5200 20,200) + G.P. Rs. 2400/- which is incorrect. Thus, by fixing erroneous pay fixation as stated above, the applicant is paid much less of retirement/pension benefits by respondents.

2.7 The applicant sent a representation dated 05.04.2016 (Annexure-A-6 ) to the Commandant O.D., Talegaon, about his grievance, which was replied by the respondents vide letter dated 21.04.2016 (Annexure-A-7 ). Prior to the above representation, the Applicant had also sent a representation dated 23.02.2016 (Annexure-A-8 and dated 06.01.2016 (Annexure-A-9) to the Commandant, O.D., Talegaon.

2.8 Thereafter, the Applicant finally sent a detailed representation dated 06.06.2016 (Annexure-A-10) to the Commandant which was not replied. The Applicant made a

Phone=

CN=Rashmi I th th f thi d t Rashmi

7 OA No. 745/2018

representation dated 08.09.2016 (Annexure-A-11) to the Commandant submitting that, his representations are pending and no further action is taken. The respondents by letter dated 28.09.2016 (Annexure-A-12) informed the applicant that his case has been scrutinized by their office and it is revealed that he has granted three financial upgradations as deemed fit during his entire service. Further, his case has also been referred to Principal C.D.A., Dehu Road, Pune for necessary classifications, if any, on the subject and on receipt of any classification from Principal C.D.A., Dehu Road, Pune was to intimated to him. However, the respondents by forwarding letter dated 10.10.2017, forwarded to the applicant letter dated 19.09.2017 (Annexure-A-

1) from A.A.O. P.C.D. (S.C.) Dehu Road, Pune addressed to the Commandant, O.D. Talegaon rejecting the Applicant's case and request to refix his pay correctly.

2.9 Aggrieved by the improper pay fixation of pay on grant of 2nd A.C.P., and 3rd M.A.C.P., the applicant has filed this Original Application.

Phone=

CN=Rashmi I th th f thi d t Rashmi

8 OA No. 745/2018

2.10 During the pendency of the OA, the applicant has expired on 14.01.2025, therefore, his wife, Ms. Nafis Inayat Khan was brought on record as a legal heir and the OA is being pursued by her.

3. After issuance of notice, the respondents have filed their reply and contested the Original Application.

3.1 It has been submitted that the applicant was initially appointed as ‘Mazdoor’ on 14.12.1978 at Ammunition Depot, Dehu Siding, Pune, thereafter, he was posted to Ordnance Depot, Talegaon Dabhade as Leading Hand Fireman on promotion w.e.f. 06.12.2012 and superannuated w.e.f. 31.12.2014 (A/N). He had been granted following financial benefits as deemed fit during his entire service as per direction/policy/rules issued by DO&PT time to time and Army Ordnance Corps Records being centrally controlled individual:- Sr. No Financial Upgradation Date of Financial effect Basic Pay

(a) Appointed as Mazdoor 14/12/1978 Rs. 196-3-2203EB- 3-232

(b) Re-classified as Fireman Gde-II 08/12/1987 Rs. 800-15-1010- EB-20-1150

Phone=

CN=Rashmi I th th f thi d t Rashmi

9 OA No. 745/2018

(c) Promoted to Fireman Gde-I 22/01/1999 Rs. 2750-70-3800- 75-4400

(d) Re-designation of “Fireman-I & II” as Fireman 03/02/2000 Rs. 2750-70-3800- 75-4400

(e) Granted ACP-I 03/02/2000 Rs. 3050-4590

(f) Granted MACP-I 01/09/2008 Rs.

20200+2000/- GP

(g) Granted MACP-II 01/09/2008 Rs.

20200+2400/- GP

(h) Promoted to LHF ‘A’ 06/09/2012 Rs.

20200+2400/- GP

3.2 Thereafter, on 08.12.1987, his cadre was changed from Industrial to Non-Industrial due to re-classification from ‘Mazdoor’ to ‘Fireman Grade-II’ i.e. appointed as ‘Fireman Grade- II’ w.e.f. 08.12.1987 in the pay scale of Rs. 800-1500-1010EB-20- 1150. According, to 5th Central Pay Commission, the Assured Career Progression Scheme introduced by the Govt. vide Gol, OP&T OM No 35034/1/97-Estt(D) dated 09.08.1999. There are two spells on completion of 12 years and 24 years of service, which was announced w.e.f. 09.08.1999. It was granted in the scale of promotional hierarchy. The Applicant was entitled for 1st ACP after completion of 12 years regular service as Fireman Grade-II w.e.f. from 08.12.1987 as Non-Industrial employee. Meanwhile, the individual was promoted to Fireman Grade-I w.e.f. 22.01.1999 in the pay scale of Rs. 2750-70-3800-75-4400. As per MOD order No

Phone=

CN=Rashmi I th th f thi d t Rashmi

10 OA No. 745/2018

A/26576/Fire Staff/06-201188/D(O-II) dated 03.02.2000, regarding restructuring of Fire Fighting Cadre in the Army Ordnance Corps (i.e. re-designation of "Fireman-I & II" as 'Fireman'), the minimum entry scale of Fireman was Rs. 2750- 4400 and pay scale of Rs. 2650-4000 as Fireman were placed into the pay scale of Rs. 2750-4400 under FR 22 (1_(a)(2) i.e. placement benefit w.e.f. 03.02.2000. Further, promotion/upgradation as per revised Recruitment Rules was granted in the pay scale of Rs. 3050-4590. Accordingly, the Applicant was granted 1st ACP w.e.f. 03.02.2000 in the scale of Rs. 3050-4590 consequent upon revision of pay scale of Fireman.

3.3 Thereafter, following the effect of 6th Central Pay Commission recommendations, previous Assured Career Progression Scheme was granted till 31.08.2008 and Modified Assured Career Progression Scheme has been introduced w.e.f. 01.09.2008 by the Govt. vide Gol, DOP&T OM No 35034/3/2008- Estt(D) dated 19.05.2009. Accordingly, on completion of 20 years regular service, benefits of 10 & 20 years Modified Assured- Career Progression scheme had been granted to the applicant w.e.f. 01.09.2008 in the revised Pay Band of Rs. 5200-20200 +

Phone=

CN=Rashmi I th th f thi d t Rashmi

11 OA No. 745/2018

Grade Pay 2000/- and 2400/- respectively. Thereafter, the Applicant was promoted to Leading Hand Fireman 'A' w.e.f. 06.02.2012 in the pay scale of Rs. 5200-20200 + 2000/- GP. There was no pay fixation as the Applicant was already drawing identical pay scale. The Applicant has retired from service on 31.12.2014 (NN). After superannuation, the Applicant requested to issue Xerox copy of his service records vide application dated 23.11.2015 & 06.01.2016. Accordingly, the same had been handed over to the Applicant on 01.04.2016 vide Respondent's office letter No 1267/Gen/X/Est-NI dated 01.04.2016. Thereafter, the applicant sent written application dated 23.02.2016. The respondent's office has scrutinized his service records and suitable reply was issued to him vide letter No 1267/xx/EST-NI dated 21.04.2016.

3.4 Since, the Applicant was not satisfied with provided information and he again sent written application dated 06.06.2016, on the same grievances. Accordingly, the respondent's office had taken up his case with audit authority i.e. Area Account Office, Dehu Road, Pune to scrutinize the case and interact the matter if required vide letter No. 1267/xx/Estt-NI

Phone=

CN=Rashmi I th th f thi d t Rashmi

12 OA No. 745/2018

dated 03.08.2016, intimated vide their letter No AAO/PCDA(SC)/DEHU/1162/PAY FIX/OD(T) dated 19.09.2017, that the Applicant's service records were thoroughly reviewed and found that all financial benefits were already given to him as deemed fit according to rules/policy.

3.5 The applicant has again referred his same grievances through RTI written application dated 21.08.2017. Accordingly, the respondent's office had informed the applicant through PIO, Station Headquarters, Dehu Road vide letter No. 1267/Gen/43/Est-NI dated 11.09.2017, reiterating that there was no erroneous in pay fixation as stated in previous letter. Finally, after collecting all information through various sources, the applicant approached this Tribunal by filing this original application for considering his grievances for improper pay fixation.

3.6 The respondents have placed reliance on DOPT O.M. dated 09.08.1999 on the subject ‘The Assured Career Progression Scheme’, Ministry of Home Affairs order dated 03.02.2000, DOPT O.M. dated 19.05.2009 on MACP correspondence with the

Phone=

CN=Rashmi I th th f thi d t Rashmi

13 OA No. 745/2018

application regarding the grant of increment and pay fixation, copies of information obtained by the applicant under RTI Act, 2005.

4. Thereafter, the applicant has filed rejoinder to the reply submitted by the respondents, reiterating and elaborating the submissions made in the Original Application.

4.1 It has been submitted that the entry at page 18 of the service document Vol. I, it is clearly mentioned that he was reclassified as Fireman Grade-II. It is submitted that this “reclassification” cannot be interpreted as re-appointed and continuous service for the purpose of A.C.P./M.A.C.P. is to be reckoned from 14.12.1978, i.e. the date on which he was initially recruited as Mazdoor. It is submitted that his appointment as Mazdoor was a regular appointment through Employment Exchange and not an adhoc appointment and it is clearly mentioned in the service document that the medical examination and police verification done at the time of his recruitment as Mazdoor were relied upon during the re-classification.

Phone=

CN=Rashmi I th th f thi d t Rashmi

14 OA No. 745/2018

4.2 It has been submitted that the respondents have relied upon the advice of Area Accounts Office (Principal Controller of Defence Accounts, Southern Command) vide letter dated 19.09.2017 by the respondents. In Para (ii) of the said letter, the Area Accounts Office erroneously opined that his reclassification as Fireman Grade-II was a direct entry in the grade and his service for the purpose of MACP should be reckoned from 08.12.1987 and not 14.12.1978 re-cast the case by granting 3rd MACP and grant of GP of Rs. 2800/-.

5. During the course of the arguments, learned counsel for both the sides have argued their case on the basis of submissions made in the pleadings.

6. Ms. Sujata Krishnan, learned counsel for the applicant has relied upon the judgment of Central Administrative Tribunal, Principal Bench in OA NO. 3626/2014 in the case of Om Prakash & Ors. vs. UOI & Ors., and the order dated 18.03.2016 in MA No. 1866/2015 in OA No. 634/2013 in the case of M/o Defence vs. Madhu Malti Tyagi. Further, the judgment of Hon’ble High Court of Delhi in W.P. (C) No. 3367/2016 in the case of UOI & Ors. Vs.

Phone=

CN=Rashmi I th th f thi d t Rashmi

15 OA No. 745/2018

Om Prakash & Ors. and the judgment of Central Administrative Tribunal, Circuit Sitting at Nainital in OA No. 261/2020 in the case of Shri Madhusudan Prasad Godiyal & Ors. vs. Secretary, Ministry of Defence, dated 22.09.2023.

7. On the other hand, learned counsel for the respondents, Ms. Naveena Kumai has relied on the reply affidavit and order dated 19.09.2017 issued by Area Accounts Office (Principal Controller of Defence Accounts, Southern Command) Dehu Road, Pune on the subject of fixation of pay under MACP on completion of 30 years of regular service.

7.1 It has been submitted that looking to the facts of the case and reply, the applicant is not entitled for 3rd MACP with GP of Rs. 2800/- and therefore, the Original Application is liable to be dismissed.

8. We have heard learned counsel for the parties at length and carefully gone through the pleadings, documents placed on record and the judgments/orders relied upon by both sides.

Phone=

CN=Rashmi I th th f thi d t Rashmi

16 OA No. 745/2018

9. The controversy involved in the present Original Application essentially concerns the applicant's entitlement to financial upgradations under the Assured Career Progression (ACP) Scheme and the Modified Assured Career Progression (MACP) Scheme, particularly the date from which his regular service is to be reckoned for the purpose of determining his eligibility for such benefits. The consequential issue is whether the applicant's pay was correctly fixed and whether he is entitled to revision of his pension and other retiral benefits.

10. The applicant's case is that he was initially appointed as Mazdoor on 14.12.1978 through the Employment Exchange and continued in service until his superannuation on 31.12.2014. According to him, his subsequent reclassification as Fireman Grade-II with effect from 08.12.1987 was not a fresh appointment but a reclassification of his existing service. He contends that the said reclassification did not interrupt his continuity of service and, therefore, the entire period commencing from 14.12.1978 ought to have been taken into account for determining his eligibility for financial upgradations under the ACP/MACP Schemes.

Phone=

CN=Rashmi I th th f thi d t Rashmi

17 OA No. 745/2018

11. On the other hand, the respondents contend that the applicant's cadre was changed from Industrial to Non-Industrial upon his reclassification as Fireman Grade-II with effect from 08.12.1987. According to them, his qualifying service for the purpose of financial upgradation under the ACP/MACP Schemes was required to be reckoned from that date. They further submit that the applicant was granted the financial benefits admissible to him under the applicable rules and that no further relief is warranted.

11.1

The first issue that arises for consideration is whether the applicant's service from 14.12.1978, when he was appointed as Mazdoor, is liable to be counted for determining his eligibility for financial upgradations under the ACP/MACP Schemes or whether such service is to be reckoned only from 08.12.1987, when he was reclassified as Fireman Grade-II.

11.2 It is not in dispute that the applicant was initially appointed as Mazdoor on 14.12.1978. It is also the applicant's specific case that his appointment as Fireman Grade-II with effect from 08.12.1987 was by way of reclassification and not through a

Phone=

CN=Rashmi I th th f thi d t Rashmi

18 OA No. 745/2018

fresh recruitment process. The applicant has further relied upon the entries in his service records to contend that his earlier appointment, medical examination and police verification were taken into consideration at the time of his reclassification. The mere fact that an employee is reclassified from one category or cadre to another does not, by itself, conclusively establish either the continuation or the cessation of qualifying service for every service-related benefit. The effect of such reclassification must be determined with reference to the applicable service rules, the terms and conditions governing the reclassification, and the relevant provisions of the ACP/MACP Schemes. Consequently, the material question is whether the applicant's earlier service as Mazdoor was regular service that is reckonable under the applicable scheme, and whether his reclassification as Fireman Grade-II resulted in a break in service or otherwise altered the manner in which his qualifying service was required to be computed.

11.3 The respondents have relied upon the communication dated 19.09.2017 issued by the Area Accounts Office, Principal Controller of Defence Accounts (Southern Command), Dehu Road,

Phone=

CN=Rashmi I th th f thi d t Rashmi

19 OA No. 745/2018

Pune, in support of their contention that the applicant's qualifying service for the purpose of the relevant financial upgradations should be reckoned from 08.12.1987. The said communication, however, records the administrative and audit position adopted by the respondents in examining the applicant's claim. Its correctness must be assessed with reference to the applicable scheme and the applicant's service records. An administrative or audit clarification cannot, by itself, dispense with the requirement of applying the governing rules correctly to the facts of an individual case. At the same time, the applicant's assertion that the reclassification did not affect his qualifying service cannot be accepted merely on the basis of the terminology used in the service records. The relevant service entries and the rules governing the transition from the Industrial to the Non-Industrial category must be examined together. Accordingly, the decisive consideration is not merely the date on which the applicant entered the Fireman cadre, but the legal effect of his initial appointment and subsequent reclassification under the applicable service rules and financial upgradation schemes.

Phone=

CN=Rashmi I th th f thi d t Rashmi

20 OA No. 745/2018

11.4

The second issue concerns the applicant's entitlement to the first financial upgradation under the ACP Scheme. The record, as described in the pleadings, shows that the applicant was promoted from Fireman Grade-II to Fireman Grade- I with effect from 22.01.1999. The ACP Scheme was introduced with effect from 09.08.1999. The respondents have stated that, following the restructuring of the Fire Fighting cadre vide order dated 03.02.2000, the applicant was granted the first ACP benefit in the pay scale of Rs. 3050–4590 with effect from 03.02.2000.

12. The applicant, on the other hand, seeks the first ACP benefit with effect from 09.08.1999. His claim is required to be examined in light of the ACP Scheme, including its provisions concerning regular promotions received before the introduction of the scheme and the effect of subsequent restructuring or placement in a revised pay scale. The fact that the applicant received a regular promotion on 22.01.1999, before the introduction of the ACP Scheme, is material to the determination of his entitlement. The subsequent restructuring of the Fire Fighting cadre on 03.02.2000 must also be considered to determine whether it constituted merely a change in

Phone=

CN=Rashmi I th th f thi d t Rashmi

21 OA No. 745/2018

nomenclature or placement in a revised pay scale, or whether it had any distinct effect under the applicable scheme.

12.1. In these circumstances, the applicant's entitlement to the first ACP benefit from 09.08.1999 cannot be determined solely by reference to his length of service. It must be established by applying the relevant provisions of the ACP Scheme to the promotion and restructuring events reflected in his service record.

12.2. The third issue concerns the applicant's claim for the second ACP benefit with effect from 14.12.2002 in the pay scale of Rs. 4500–7000. The applicant contends that he had completed 24 years of service on 14.12.2002 and had received only one regular promotion, namely, from Fireman Grade-II to Fireman Grade-I with effect from 22.01.1999. He submits that the restructuring of the cadre and redesignation of the posts of Fireman Grade-I and Grade-II as Fireman did not amount to a further regular promotion and, therefore, could not deprive him of the second ACP benefit.

Phone=

CN=Rashmi I th th f thi d t Rashmi

22 OA No. 745/2018

13. The respondents submit that the applicant was granted the first ACP benefit with effect from 03.02.2000 and was subsequently granted financial upgradations under the MACP Scheme with effect from 01.09.2008. In considering this claim, it is necessary to distinguish between a regular promotion and a financial upgradation. A regular promotion involves advancement to a higher post in accordance with the applicable recruitment rules, whereas a financial upgradation under the ACP/MACP Scheme is governed by the conditions prescribed under the relevant scheme. A restructuring or redesignation of posts does not automatically amount to a regular promotion; its effect depends upon the terms of the restructuring order and the applicable service rules.

13.1 The applicant's entitlement to the second ACP benefit must, therefore, be determined after taking into account the regular promotion granted to him on 22.01.1999, the first ACP benefit stated to have been granted on 03.02.2000, and the applicable provisions governing the counting of regular promotions and financial upgradations. The mere completion of 24 years of service, without satisfying the other conditions of the

Phone=

CN=Rashmi I th th f thi d t Rashmi

23 OA No. 745/2018

scheme, would not by itself establish an entitlement to the particular pay scale claimed.

13.2. The fourth issue relates to the applicant's claim for the third financial upgradation under the MACP Scheme with effect from 14.12.2008, together with the consequential fixation of pay and revision of pensionary benefits. The applicant submits that he completed 30 years of service on 14.12.2008 and was, therefore, entitled to the third financial upgradation from that date. He further contends that the respondents incorrectly granted the financial upgradations with effect from 01.09.2008 and fixed his pay in lower grade pay, thereby adversely affecting his last pay drawn and retiral benefits.

14. The respondents, however, have stated that the applicant was granted the financial upgradations admissible under the MACP Scheme with effect from 01.09.2008, in the revised pay structure of Rs. 5200–20200 with Grade Pay of Rs. 2000 and Rs. 2400, respectively. They have also contended that the applicant's subsequent promotion to the post of Leading Hand Fireman did not result in any additional pay fixation because he

Phone=

CN=Rashmi I th th f thi d t Rashmi

24 OA No. 745/2018

was already drawing the corresponding pay structure. The MACP Scheme was introduced with effect from 01.09.2008, and its benefits are governed by the terms of that scheme, including the prescribed intervals for financial upgradation and the applicable conditions concerning regular service and promotions. The date on which an employee completes a particular period of service must be considered alongside the commencement and transitional provisions of the scheme.

14.1. It is, therefore, necessary to verify the number of financial upgradations admissible to the applicant, the dates on which they became due under the applicable scheme, and the grade pay admissible at each stage. It is equally necessary to ascertain whether the applicant's regular promotion to the post of Leading Hand Fireman with effect from the date established by the service record affected his entitlement to any further financial upgradation or pay fixation. The applicant's claim for the third MACP benefit in the Grade Pay of Rs. 4600 cannot be accepted merely on the basis of the period of service claimed by him. The claim must be tested against the applicable MACP provisions and the relevant pay structure, including the rules governing the grant

Phone=

CN=Rashmi I th th f thi d t Rashmi

25 OA No. 745/2018

of financial upgradation to an employee who has already received regular promotions or earlier financial upgradations.

15. We have also considered the judgments and orders relied upon by learned counsel for the applicant, including the decisions in Om Prakash & Others v. Union of India & Others, Ministry of Defence v. Madhu Malti Tyagi, and Shri Madhusudan Prasad Godiyal & Others v. Secretary, Ministry of Defence.

16. The applicant has relied upon these decisions in support of his contention that his earlier service should not be excluded merely because of his subsequent reclassification and that his financial upgradation benefits should be determined by applying the relevant scheme to his entire qualifying service.

17. The applicability of the aforesaid decisions must be assessed in light of the facts and service conditions involved in those cases and the rules applicable to the applicant. A decision concerning the counting of earlier service in a particular category cannot automatically be applied to every case involving a change of cadre or reclassification. The material question is whether the

Phone=

CN=Rashmi I th th f thi d t Rashmi

26 OA No. 745/2018

relevant legal principle laid down in those decisions applies to the applicant's service conditions and the reclassification undertaken in his case.

18. Accordingly, the applicant's claim must be decided by reference to the applicable service rules, the ACP/MACP Schemes and the legal principles laid down in the cited decisions, to the extent that those principles are relevant to the facts of the present case.

19. We further note that the applicant retired from service on 31.12.2014 and that his pensionary benefits were determined on the basis of the pay recorded in his service and pension documents. During the pendency of the present Original Application, the applicant expired on 14.01.2025, and his wife, Ms. Nafis Inayat Khan, was brought on record as his legal heir to pursue the proceedings. The claim for correction of pay fixation, if established under the applicable rules, may have consequential implications for the pension and other retiral benefits admissible to the applicant. Such consequential relief, however, depends upon a determination that the original pay fixation was incorrect

Phone=

CN=Rashmi I th th f thi d t Rashmi

27 OA No. 745/2018

and that the applicant was legally entitled to the financial upgradations claimed by him.

20. It would, therefore, be necessary for the competent authority to examine the applicant's service book, pay-fixation statements, promotion orders, reclassification orders and the orders granting ACP/MACP benefits. The authority must determine the qualifying service admissible under the applicable rules and thereafter calculate the financial benefits, if any, due to the applicant.

21. Upon consideration of the rival submissions, we are of the view that the applicant's grievance cannot be resolved merely by referring to the dates of appointment, reclassification and grant of financial upgradations in isolation. The legality of the pay fixation must be determined by applying the governing provisions of the ACP/MACP Schemes to the applicant's actual service history. In particular, the competent authority must ascertain:

(i) whether the applicant's service from 14.12.1978 to 08.12.1987 is reckonable as qualifying regular service for the purposes of the applicable ACP/MACP Scheme;

Phone=

CN=Rashmi I th th f thi d t Rashmi

28 OA No. 745/2018

(ii) the effect of his reclassification as Fireman Grade-II with effect from 08.12.1987, including the change from the Industrial to the Non-Industrial category;

(iii) the effect of his regular promotion to Fireman Grade-I with effect from 22.01.1999 and the restructuring of the Fire Fighting cadre with effect from 03.02.2000;

(iv) whether the first ACP benefit granted with effect from 03.02.2000 was correctly determined under the applicable scheme;

(v) whether the applicant was entitled to any further financial upgradation under the ACP Scheme upon completion of the prescribed period of service and, if so, the date and pay scale admissible to him;

(vi) whether the financial upgradations granted under the MACP Scheme with effect from 01.09.2008 were correctly determined, including the grade pay admissible at each stage; and

(vii) whether any correction in pay fixation would result in a corresponding revision of the applicant's pension and other retiral benefits.

Phone=

CN=Rashmi I th th f thi d t Rashmi

29 OA No. 745/2018

The above exercise must be undertaken by reference to the applicable rules and the original service records and not merely on the basis of the conclusions recorded in the correspondence dated 19.09.2017.

22. In view of the foregoing discussion, we consider it appropriate to direct the respondents to undertake a comprehensive reconsideration of the applicant's claim for ACP/MACP benefits and consequential pay fixation in accordance with the applicable rules, the relevant government instructions and the principles laid down in the judgments cited by the parties, to the extent applicable.

23. The exercise shall be undertaken by the competent authority after examining the applicant's original service records, including the initial appointment order dated 14.12.1978, the order relating to his reclassification as Fireman Grade-II dated 08.12.1987, the promotion order dated 22.01.1999, the restructuring order dated 03.02.2000, the orders granting ACP/MACP benefits, the subsequent promotion order to the post

Phone=

CN=Rashmi I th th f thi d t Rashmi

30 OA No. 745/2018

of Leading Hand Fireman and the documents relating to his retirement and pension fixation.

24. The respondents shall pass a reasoned and speaking order dealing with each of the applicant's material contentions, including the issue of qualifying service from 14.12.1978, the effect of reclassification, the admissibility and dates of the claimed financial upgradations, the applicable grade pay and the consequential effect, if any, on pensionary benefits.

25. In the event that any financial upgradation or pay fixation benefit is found admissible, the respondents shall undertake the consequential pay-fixation exercise and revise the pension and other retiral benefits accordingly, subject to the applicable rules. Any arrears found payable shall be released to the person or persons legally entitled to receive them. The entire exercise shall be completed within four months from the date of receipt of a certified copy of this order.

Phone=

CN=Rashmi I th th f thi d t Rashmi

31 OA No. 745/2018

26. The Original Application is accordingly disposed of with the aforesaid directions. No order as to costs.

(Umesh Gajankush) (Shri Krishna) Member(J) Member(A)

R.

Phone=

CN=Rashmi I th th f thi d t Rashmi