Railway must consider the employee’s MACP claim through a reasoned order on fresh representation.

Ajay Lal, a retired railway employee, claimed entitlement to the third financial upgradation under the Modified Assured Career Progression (MACP) Scheme in Grade Pay ₹4,800 on completing 30 years of service.

After medical de-categorisation from the Guard cadre, he was absorbed in the ministerial cadre and later promoted as Chief Office Superintendent.

He relied, among other things, on the treatment of a similarly situated employee and had submitted a representation seeking the benefit.

At the hearing, his counsel sought liberty to submit a fresh representation with supporting documents and a direction for its reasoned disposal; the respondents did not oppose that course.

1. Whether the Tribunal should determine the applicant’s substantive entitlement to third MACP in this proceeding.

2. Whether the respondents should be directed to consider and decide the applicant’s fresh representation by a reasoned order within a specified period.

Section 19 of the Administrative Tribunals Act, 1985 provides the basis for an application before the Tribunal.

The Tribunal disposed of the matter without adjudicating the merits, directing the competent respondent to consider the applicant’s representation and decide it by a reasoned and speaking order in accordance with law.

Although the applicant invoked the MACP Scheme and Amrit Lal Berry v. Collector of Central Excise, New Delhi & Ors. in support of his claim, the Tribunal did not determine their application or lay down a substantive rule on entitlement to MACP.

The applicant expressly stated that he would be satisfied with liberty to file a fresh representation, and the respondents raised no objection to a direction for its disposal.

In light of those submissions, the Tribunal chose not to examine either the merits of the MACP claim or the question of delay.

It instead required the applicant to submit the representation with relevant documents and a copy of the order, leaving the respondents to assess the claim in accordance with law.

It directed him to file a fresh representation, with supporting documents and a copy of the order, within three weeks of receiving the order.

The concerned respondent must consider it and pass a reasoned and speaking order, in accordance with law and under intimation to the applicant, within two months thereafter.

The application was disposed of without an order as to costs; any pending miscellaneous application was also disposed of.