Facts
The applicants, employees of the West Central Railway, challenged the impugned orders dated 03.08.2015 and 19.11.2015, which rejected their claims for a promotional pay scale of Rs. 9300-34800 with a Grade Pay (GP) of Rs. 4200/- under the Modified Assured Career Progression Scheme (MACPS)
Source reference: p.2The applicants were appointed as Typists in September 1989 in the pay scale of Rs. 950-1500
Source reference: p.5They were promoted to Senior Typist (Rs. 1200-2040) in August 1991
Source reference: p.5Under the 6th Pay Commission, they were granted the 2nd MACP benefit in GP Rs. 2800/- effective from 01.09.2008 and were subsequently promoted to O.S. Typist in GP Rs. 4200/- effective from 01.11.2013
Source reference: p.5The applicants contended that based on various judicial precedents from the CAT Principal Bench and the Punjab and Haryana High Court, they were entitled to the higher Grade Pay of Rs. 4200/- as their next financial upgradation
Source reference: p.3Issues
Whether the applicants are entitled to further financial upgradation under the MACP Scheme despite having already received three advancements (promotions/upgradations) during their service history
Source reference: p.2, 5Law Applied
The court applied the Modified Assured Career Progression Scheme (MACPS) for Railway Employees, introduced via Railway Board letter dated 10.06.2009 (RBE No. 101/2009), which provides for three financial upgradations counted from the direct entry grade on completion of 10, 20, and 30 years of service
Source reference: p.2, 4The scheme envisages placement in the immediate next higher grade pay in the hierarchy of the recommended revised Pay Bands and Grade Pay as per the Railway Services (Revised Pay) Rules, 2008
Source reference: p.4Reasoning
The Tribunal analyzed the applicants' service progression to determine eligibility under the MACP framework.
Source reference: p.5It noted that the applicants received their first promotion to Senior Typist in 1991, within two years of appointment.
Source reference: p.5Following the implementation of MACPS, they received a second financial benefit (2nd MACP) in 2008, moving to GP Rs. 2800/-.
Source reference: p.5They subsequently received a third advancement through promotion to O.S. Typist in 2013, reaching GP Rs. 4200/-.
Source reference: p.5The court reasoned that the MACP Scheme is restricted to a total of three financial upgradations/promotions over the course of an employee's career.
Source reference: p.4Since the applicants had already secured three such advancements (one in 1991, one in 2008, and one in 2013), the Tribunal concluded they had exhausted their entitlements under the scheme.
Source reference: p.5The court further held that the judicial precedents cited by the applicants were factually distinct and thus inapplicable to the present circumstances.
Source reference: p.4Holding
The Tribunal dismissed the Original Applications, holding that the applicants are not entitled to additional benefits under the MACPS because they have already received three promotions/upgradations.
No order was made as to costs.
Source reference: p.5Original Court PDF
Younish KhanvsM/o Railways
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