CAT Closes Retired Railway Guards’ MACP Contempt Case After Finding Revised Pay, Pensions And Admissible Dues Paid

The applicants, retired railway Guards, filed a contempt petition alleging non-compliance with the Tribunal’s order dated 15 November 2018.

That order directed the respondents to consider eligible applicants for MACP financial upgradation in accordance with the cited Allahabad High Court judgment, while prohibiting recovery of MACP benefits already granted.

The respondents filed compliance and supplementary affidavits, stating that admissible MACP benefits, revised pay fixation, pension and consequential arrears and retirement dues had been paid; they relied on revised PPOs, pay-fixation statements and due-and-drawn statements.

The applicants disputed the adequacy and accuracy of the calculations and alleged that pay fixation, increments, third MACP benefits and gratuity remained outstanding.

The contempt petition was brought under Section 17 of the Administrative Tribunals Act, 1985.

The Tribunal applied the principle that contempt requires wilful disobedience of the order in question; where the record establishes compliance and no wilful disobedience, further contempt action is not warranted.

The underlying order had directed consideration of eligible MACP benefits in light of Union of India v. Mukti Singha, Civil Appeal No. 3321 of 2018, and the Allahabad High Court’s judgment dated 19 July 2013 in Writ-A No. 18244/2013; it also directed that previously granted MACP benefits not be recovered.

The Tribunal considered the respondents’ supplementary compliance affidavit and supporting PPOs and pay-fixation records.

It found that revised pay fixation had been provided, pension revised, and gratuity paid, with admissible arrears and retirement dues paid.

Although the applicants challenged the calculations and asserted that benefits remained unpaid, the Tribunal concluded on the record before it that the admissible benefits under the original order had been extended and that no wilful disobedience had been established.

It closed the contempt petition and consigned it to the record, discharged the notices issued to the respondents, and disposed of any pending miscellaneous application.