Retired Railway Guards’ MACP Contempt Case Closed After CAT Finds Admissible Benefits And Retirement Dues Paid

The applicants filed a contempt petition under Section 17 of the Administrative Tribunals Act, 1985, alleging non-compliance with the Tribunal’s order dated 15 November 2018 in O.A. No. 331/2015.

That order directed the respondents to consider eligible applicants for MACP financial upgradation in light of the identified Allahabad High Court judgment and the Tribunal’s reasoning; it also provided that MACP benefits already granted would not be recovered.

The respondents filed compliance affidavits, stating that revised pay fixation, pension, arrears and other admissible retirement benefits had been paid.

The applicants disputed the adequacy of the compliance, alleging errors in pay fixation and unpaid benefits, including gratuity.

Section 17 of the Administrative Tribunals Act, 1985, provides the basis for the Tribunal’s contempt jurisdiction.

The order states that contempt action requires wilful disobedience; where the directions have been complied with and admissible consequential benefits paid, further contempt action is not warranted.

The underlying order also directed consideration of eligible applicants for MACP financial upgradation in accordance with the cited Allahabad High Court judgment and the Tribunal’s reasoning, while prohibiting recovery of MACP benefits already granted.

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

It found that revised pay fixation had been provided, pension revised, and gratuity paid; it also accepted the respondents’ position that admissible consequential arrears and retirement dues had been paid.

In light of that record, the applicants’ allegations of incomplete compliance did not establish wilful disobedience of the 2018 order.

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