Facts
The applicant, P. Mohanadu, was initially appointed as a Casual Labour Artisan on 24-07-1980 and absorbed under Decasualization Vacancies as Artisan Mate on 15-02-1996.
Source reference: p.2He received Assured Career Progression (ACP) on completion of 12 years of service effective 04-05-2000, being fitted in Grade II.
Source reference: p.2He was granted Modified Assured Career Progression (MACP) effective 01-09-2008, being fitted in Grade I.
Source reference: p.2-3On completion of 30 years of service, he sought the 3rd MACP, but his request was rejected on 16-10-2018, citing that he had already obtained three financial upgradations (one promotion and two ACP/MACP schemes).
Source reference: p.3The applicant filed OA 640/2018, which directed consideration of his representation.
Source reference: p.3However, his request was again rejected on 05-04-2019.
Source reference: p.3The respondents contended that the applicant had two promotions during his casual labour service (as CPC Store Mate w.e.f. 14.03.1986 and CPC Special Mate w.e.f. 09.11.1989) before his empanelment.
Source reference: p.4-5They also stated that he refused an earlier empanelment as Gangman in 1991/1992, opting to continue as CPC Special Mate with higher financial benefits.
Source reference: p.5-6Therefore, they argued that 50% of his casual labour service (from 24.07.1980 to 14.02.1996) should not be tenable under the MACP scheme for counting 30 years of service, as he had not genuinely stagnated.
Source reference: p.5The respondents further argued that comparisons with juniors like Mr. R. Narayanan (who received 3rd MACP) were not permissible under Clause 20 of the MACP scheme.
Source reference: p.7Issues
Whether the applicant is entitled to the 3rd Modified Assured Career Progression (MACP) upon completion of 30 years of service?
Source reference: p.2Law Applied
The court primarily applied the principles of the Modified Assured Career Progression Scheme (MACPS), specifically Railway Board letter No. PC-V/2009/ACP2 dated 04.12.2009, which states that 50% of temporary status casual labour service can be reckoned towards the minimum service of 10, 20, and 30 years for MACP benefits.
Source reference: p.8It also referenced OM No.35034/3/2008-Estt. (D) dated 19.05.2009, outlining the three financial upgradations under MACPS on completion of 10, 20, and 30 years of service respectively.
Source reference: p.8-9Reasoning
The court found that the respondents had, on previous occasions (for 1st ACP in 2000 and 2nd MACP in 2008), considered 50% of the applicant's 16 years of temporary status casual labour service (i.e., 8 years) as qualifying service for the purpose of granting financial upgradation.
Source reference: p.8This implicitly means that the two promotions received during his casual labour period were not treated as "financial upgradations" that would preclude him from subsequent ACP/MACP benefits, as the issue of elevation/financial upgradation before regularization was not raised then.
Source reference: p.8The court reasoned that since the same logic was applied for the first two upgradations, it should also be applied for the 3rd MACP.
Source reference: p.8-9The court concluded that the applicant was entitled to the 3rd MACP based on the established practice of counting 50% of his casual labour service, aligning with the principles of the MACP scheme.
Source reference: p.8-9Holding
The court allowed the OA.
It held that the applicant is entitled to the 3rd MACP with effect from 04-05-2018, along with all consequential benefits.
Source reference: p.9The respondents were directed to grant the 3rd MACP and complete the exercise within three months from the date of receipt of the order.
Source reference: p.9Original Court PDF
P.Mohanadu v. Union of India [OA/310/00688/2019]
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