Respondents directed to decide MACP representations by a reasoned, speaking order within three months.

Sixteen serving employees of the North Eastern Railway, working principally as Loco Pilots in the Lucknow Division, claimed entitlement to the third financial upgradation under the Modified Assured Career Progression (MACP) Scheme in Grade Pay ₹4,600.

They alleged that lateral inductions or promotions within Grade Pay ₹4,200 had been incorrectly counted against their MACP entitlement.

The applicants had submitted representations dated 5 August 2025 and reminder representations dated 21 July 2026 seeking consideration of their claim.

As the representations remained undecided, they filed the present Original Application seeking declaration of entitlement, grant of the third MACP, refixation of pay, arrears, and consequential benefits.

During the hearing, however, the applicants restricted their prayer to a direction for disposal of their pending representations by a reasoned and speaking order.

The respondents objected that the applicants were posted at different places and that the competent authority might differ in each case.

Whether the respondents should be directed to consider and decide the applicants’ representations dated 5 August 2025 and reminder representations dated 21 July 2026 concerning their claim for third financial upgradation under the MACP Scheme, by a reasoned and speaking order.

Whether the Tribunal should adjudicate, in the present proceedings, the applicants’ substantive entitlement to third MACP in Grade Pay ₹4,600 by ignoring lateral inductions within Grade Pay ₹4,200.

The Tribunal applied the MACP Scheme, particularly paragraphs 5 and 8, which govern financial upgradations and the treatment of promotions or movements within the same grade/pay level.

The applicants relied on the principle that a higher promotion within the same pay grade may constitute lateral movement and should not exhaust MACP entitlement.

The Tribunal also applied the administrative-law requirement that an authority considering an employee’s statutory or service-related representation must pass a reasoned and speaking order in accordance with the applicable rules and scheme.

No specific judicial precedent was cited or relied upon in the order.

The Tribunal noted that the applicants asserted a settled interpretation of paragraphs 5 and 8 of the MACP Scheme, under which lateral inductions within Grade Pay ₹4,200 would not disentitle them from the third financial upgradation to Grade Pay ₹4,600.

However, since the applicants ultimately sought only consideration of their pending representations, the Tribunal expressly declined to examine the merits of their MACP claim.

The respondents’ objection regarding the identity of the competent authority was addressed by directing Respondent Nos. 2 and 3 to consider the grievance in accordance with law and the MACP Scheme.

Thus, the Tribunal preserved the applicants’ substantive claim for determination by the competent departmental authority rather than adjudicating entitlement itself.

The Tribunal directed Respondent Nos. 2 and 3 to consider the representations dated 5 August 2025 and the reminder representations dated 21 July 2026, in accordance with law and the MACP Scheme, and to pass a reasoned and speaking order within three months from receipt of a certified copy of the order.

No order was made as to costs.