Sant Ram vs DEFENCE on 28 October 2026

ORDER

By Dr. Chhabilendra Roul, Member (A)

The instant Original Application has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:

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“(a) Directing the respondents to place the relevant records pertaining to the present O.A. before their Lordships for the proper adjudication in the matter, in the interest of justice.

(b) Quash and set aside the impugned Orders 10.10.25 (Annexure A/1) issued by the respondent No. 2 declining the request of the applicant for grant of benefit of upgradation due on account of 2nd MACP w.e.f. 06.02.22 and annual increments also for the year 2023-24 & 2024- 25 is contrary to the DOP&T OM dt. 19.09.2022 &

21.11.22.

(c) Directing the respondents grant financial upgradation to the applicant for 2nd MACP w.e.f. 06.02.22 as well as annual increment for the period from 2023-24 & 2024-25 to the applicant with all other consequential benefits with payment of arrears and interest on all delayed payments.

(d) Allowing the O.A. of the applicant with all other consequential benefits and costs.

(e) Any other fit and proper relief may also be granted to the applicant.”

2. Factual Matrix

2.1 The applicant retired from Military Service after rendering 18 years of unblemished service with Defence Ministry in March, 2000. He was appointed on the post of Fireman (Civilian)/Group C against Ex-Serviceman quota.

2.2 The applicant got 1st MACP w.e.f. 06.02.2012 on completion of 10 years of service with the respondents. He submitted an application on 08.10.2021 for grant of earned leave w.e.f. 08.10.2021 to 10.02.2022 and after verbal consent from his superior i.e., Civilian Security Officer (CSO) proceeded on leave.

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2.3 The applicant reported for duty on 11.02.2022 on expiry of his earned leave with original medical fitness certificate but was not allowed to join and perform his duties.

2.4 He submitted a representation on 15.02.2022 to respondent No.2 requesting to allow him to join his duties w.e.f. 11.02.2022 and release his salary which was withheld by the respondents since December, 2021 but of no avail.

2.5 Aggrieved, the applicant filed OA No.702/2022, seeking sanction of earned leave for the period from 08.10.2021 to 10.02.2022 and to allow him to join duty w.e.f. 11.02.2022 and also to release his withheld salary from December, 2022.

2.6 This Tribunal vide order dated 11.06.2024 passed the following order: “6. Relief(s) :We, therefore, dispose of the present OA with following direction(s) :- 6.1 The applicant shall submit the leave application for the purpose of treating the leave period for releasing the pay and allowance for the period from 11.02.2022 to 19.01.2023 which has to be regularized and the respondents shall consider the matter and pass an order afresh on the applicant's application for sanction of commuted leave i.e. earned leave in the light of the above position within four weeks from today. The same shall be communicated to the petitioner forthwith. 6.2 All consequential benefits shall be released to the applicant within eight weeks from the date of office Order. 6.3 In case the respondent fails to release the consequential benefits, the applicant shall be entitled to interest thereon at the rate of 6% per annum from the date of the office order till its release. 6.4 The OA is disposed of accordingly. All pending misc. application(s), if any also disposed of. No costs.

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2.7 The applicant challenged the said order in WP(C) No.9813/2024 before the Hon’ble High Court of Delhi. Hon’ble High Court vide order dated 03.12.2025 remanded the matter back to this Tribunal. In pursuance with the said order, the OA was heard afresh and vide order dated 13.02.2026, this Tribunal passed the following order:

“6. Learned counsel for the applicant has drawn my attention to the decision rendered by the Hon’ble Apex Court in the matter of Burn Standard Co. Ltd. And Ors. vs. Tarun Kumar Chakraborty and Ors (2002) 10 SCC 585 decided on 18.04.2000, highlighting para ‘7’, which reads as follows:

“7. The question is whether the first respondent is entitled to his salary for the period from 12-10-1988 to 15-5-1997. It is no doubt true that the first respondent did not work during that period and, without anything more, he cannot claim salary for the said period on the principle "no work, no pay". But in this case, he reported to the appellants to join service on 12-10-1988 but was not allowed to do so till 15-5-1997. It is not on account of any fault of the first respondent that he was kept out of service and not permitted to work by the appellants. The appellants endeavoured to justify their action on the ground that due to pendency of case filed by the Association they believed that they could not permit him to join duty except on pain of facing contempt proceedings and that they took all possible steps to help the first respondent first by taking legal advice and secondly by seeking permission of the Court as such they had reasonable cause for not allowing him to join service.”

2.8 The applicant challenged the said order before the Delhi High Court in WPC No. 9813/2024. The Hon’ble Delhi High Court vide order dated 19.07.2024 stayed the operation of Para 6.1 of the said order. Subsequently, the Delhi High Court vide order dated 11.06.2024 remanded the matter to

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this Tribunal for fresh consideration. This Tribunal vide order dated 13.02.2026 passed the following order: “12. In view of the foregoing discussion, I am of the considered opinion that the period from 11.02.2022 to 19.01.2023 deserves to be treated as duty for all intents and purposes. Consequently, the respondents are directed to release all pay and allowances admissible for the said period within 45 days from the date of receipt of a certified copy of this order.

13. Accordingly, the OA is disposed of. All Pending MAs, if any, shall also stand disposed of. No costs.”

2.9 As the respondents have not granted the annual increments for the 2023-24 and 2024-25 and have not granted the 2nd MACP benefits as prayed in his representation and legal notice, the applicant has filed the present OA seeking the aforementioned relief.

3. Pursuant to the notices issued, the respondents entered appearance and filed their reply, to which the applicants have filed their rejoinder.

4. Submissions by learned counsel for the applicants 4.1 The learned counsel for applicant states that the applicant joined with the respondents as Fireman (Civilian) against a Group C post as on 06.02.2002. He has been granted first MACP as on 06.02.2012. He has completed 20 years’ service as on 05.02.2022. As per the MACP Scheme, the applicant has a right to be considered for grant of 2nd

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MACP on completing 20 years of regular services with the respondents.

4.2 Similarly, the learned counsel for the applicant states that the applicant has served diligently for the period 2023-24 and 2024-25. Hence, the applicant should have granted the annual increments as has been granted to other employees. The respondents in their counter affidavit dated 30.07.2026 (Paragraph 5) have stated that the respondents have not granted the MACP benefits due to the pendency of OA No.702/2022. This Tribunal vide order dated 13.02.2026 has finally decided the said OA. Hence, there is no bar for taking a decision in respect of 2nd MACP. Moreover, the period which has been treated as duty, pertains to the period after the applicant completed 20 years of regular service.

4.3 The learned counsel for the applicant further states that the Respondents have treated the period from 11.02.2022 to 19.01.2023 as duty for all intents and purposes, they should also grant the applicant annual increments for the year 2023- 24 and 2024-25.

5. Submission by learned Counsel for the Respondents 5.1 The learned counsel for the respondents referred to the additional affidavit filed by the respondents on 23.09.2026

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and states that the respondents have issued sanction order treating the period from 11.02.2022 to 19.01.2023 as duty for all intents and purposes. After receiving the administrative sanction, the applicant has signed his pension papers and his pension papers are under scrutiny. The respondents after receiving the pension papers/service record from the concerned authorities shall process the case for granting all financial benefits admissible to the applicant.

6. Analysis and Conclusion 6.1 In view of the submissions by the respondents vide their affidavit dated 23.09.2026, there is no more issue left for the Tribunal for adjudication. Accordingly, the present OA is disposed of with the following directions:

(i) Let the respondents consider the grant of 2nd MACP to the applicant on completion of 20 years regular service from the date of joining by him with the respondents as per the extant policy/scheme/guidelines for grant of such MACP. If he is found otherwise eligible for grant of such MACP, then applicant is entitled to all differential back wages along with simple interest at applicable GPF rates for the period when such MACP was due and till the date of actual payment.

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(ii) Let the respondents also consider grant of annual increments to the present applicant for the years 2023- 24 and 2024-25 in view of the decision of this Tribunal in OA No. 702/2022 dated 13.02.2026 and the order of the respondents dated 01.09.2026 treating the period from 10.02.2022 to 19.01.2023 as duty for all intents and purposes.

(iii) The above exercise shall be completed by the respondents within a period of eight weeks from the date of receipt of a certified copy of this order.

7. No order as to costs.

8. Pending MAs, if any, shall also stand disposed of.

(Rajveer Singh Verma)

(Dr. Chhabilendra Roul) Member (J)

Member (A)

‘SD’

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