Facts
The applicants, employees of the West Central Railway, filed Original Applications (OAs) seeking a direction to modify the order dated 03.08.2015 and the rejection order dated 19.11.2015.
Source reference: p. 2They sought the promotional pay scale of Rs. 9300-34800/- with Grade Pay (GP) of Rs. 4200/- under the Modified Assured Career Progression Scheme (MACPS).
Source reference: p. 2Applicants No. 1 and 2 were appointed as Typists in September 1989 in the pay scale of Rs. 950-1500 and were promoted to Senior Typist (Rs. 1200-2040) in 1991.
Source reference: p. 5They were granted the benefit of the 2nd MACP with a GP of Rs. 2800/- effective 01.09.2008 and were later promoted to Office Superintendent (O.S.) Typist with a GP of Rs. 4200/- effective 01.11.2013.
Source reference: p. 5The applicants contended that based on various judicial precedents, they were entitled to the higher GP of Rs. 4200/- earlier in their service timeline, whereas the respondents maintained that the applicants had already received three promotions/upgradations, thereby exhausting their claims under the scheme.
Source reference: p. 3-5Issues
1. Whether the applicants are entitled to further financial upgradation or modification of their pay scale under the MACP Scheme.
Source reference: p. 22. Whether the judicial precedents cited by the applicants regarding the grant of GP Rs. 4200/- are applicable to the specific factual matrix of this case.
Source reference: p. 4Law Applied
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 at intervals of 10, 20, and 30 years of continuous regular service, counted from the direct entry grade.
Source reference: p. 4Railway Services (Revised Pay) Rules, 2008 (RBE No. 108/2008), which governs the placement in the immediate next higher grade pay in the hierarchy.
Source reference: p. 4Assured Career Progression (ACP) Scheme (Letter dated 01.10.1999), which granted two financial upgradations after 12 and 24 years of service.
Source reference: p. 3-4Reasoning
The Tribunal observed that the applicants had undergone a specific progression: (i) Initial appointment in 1989; (ii) First promotion to Senior Typist in 1991; (iii) Second financial upgradation under MACPS to GP Rs. 2800/- in 2008; and (iv) Third promotion to O.S. Typist with GP Rs. 4200/- in 2013.
Source reference: p. 5The Tribunal reasoned that since the MACP Scheme is designed to provide only three financial upgradations/promotions in the absence of regular promotions, and the applicants had already secured three such advancements (two promotions and one MACP upgradation), they were not entitled to any further benefits under the scheme.
Source reference: p. 5The Tribunal rejected the applicants' reliance on judgments from the CAT New Delhi and the Punjab and Haryana High Court (e.g., CWP No. 19387/2011), holding that the facts of those cases were "totally distinct" and not applicable to the present circumstances.
Source reference: p. 4Holding
The Tribunal answered the issues in the negative, holding that the applicants had already received the maximum permissible three promotions/upgradations as per the MACPS guidelines.
Consequently, the Original Applications were dismissed, no costs were imposed, and all pending Miscellaneous Applications (MAs) were closed.
Source reference: p. 5Original Court PDF
SASIDHARA KARANAVARvsM/o Railways
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