The main legal principle established in the judgment is that the provisions of MACPS allow for financial upgradation at intervals of 10, 20, and 30 years of continuous regular service, and the grade pay at the time of financial upgradation under MACPS could be different than what is available at the time of regular promotion. The purpose of MACPS is to grant incentives to employees who have been stagnated in a particular post for a period of more than 10 years.

Tapabrata Chakraborty, J.

1. The primary bone of contention among the warring litigants is whether the benefits of Modified Assured Career Progression Scheme (hereinafter referred to as MACPS) can be extended beyond the hierarchy of the posts of the cadre and can be of a quantum more than the grade pay of the promotional post.

2. Initially one Mitali Ghosh (Sarkar) approached the learned Tribunal by an original application being O.A. 350/00589/2014 challenging the railway board’s circulars dated 13th December, 2012, 30th July, 2013 and 16th September, 2013 by which it was sought to be clarified that the financial upgradation under Assured Career Progression Scheme (hereinafter referred to as ACPS) and MACPS cannot be a higher grade than what can be allowed to an employee on his normal promotion and a decision was adopted to deduct the alleged excess amount already paid to the applicant. The contention of the applicant in the said original application was that she was initially appointed as a Staff Nurse and that thereafter promoted to the post of Nursing Sister. Subsequent thereto, she was promoted to the post of Chief Matron in the grade pay of Rs. 5,400/-. After completion of 10 years of continuous service in the promotional post she was granted the third financial upgradation under MACPS in the grade pay of Rs. 6,600/- with effect from 1st September, 2008. After about five years thereafter the fixation of pay was modified/rectified and the applicant was placed in the grade pay of Rs. 5,400/- and thereafter the respondents proceeded to recover the excess payment made. In support of the decision towards modification of grade pay, the respondents placed reliance upon a clarificatory memorandum issued on 13th December, 2012 (RBE No.142 of 2012) in which it was, inter alia, clarified that the grade pay would be admissible under MACPS to an employee holding feeder post in a cadre where promotional post is in the same grade pay. It was the contention of the respondents that employees earn promotion as per their cadre hierarchy and even in the event the promotional post is in the same cadre it cannot be construed that the employees have been stagnated. By an order dated 20th April, 2015 the learned Tribunal dismissed the claim of the applicant therein by observing that the post of Assistant Nursing Superintendent/Officer is a promotional post for an incumbent holding the post of Chief Matron and that a Chief Matron not getting promotion to the post of Assistant Nursing Superintendent cannot on the basis of the MACPS be placed in a grade pay higher than that which is enjoyed by an incumbent in the promotional post of Assistant Nursing Superintendent. The learned Tribunal also observed that the applicant had not challenged the 6th Pay Commission Report and that the recommendation of the Commission is not mandatorily binding upon the Government and its department. The said order dated 20th April, 2015 passed in O.A. 350/00589/2014 has been challenged in the writ petition being WPCT 98 of 2015 and during pendency of the same, employees similarly situated with Mitali Ghosh (Sarkar) also approached the learned Tribunal by filing O.A. No.350/00804/2014 (Martha Xalxo & Others Vs. Union of India & Others), O.A. No.350/00675/2014 (Bhut Nath Verma & Others Vs. Union of India & Others) and O.A. No.350/00678/2014 (Kamalesh Kumar Pandey & Others Vs. Union of India & Others) and 25 others. In the original application being O.A. No.350/00804/2014 the claim of the applicants therein pertaining to grant of grade pay of Rs. 6,600/- was rejected by an order dated 13th May, 2016. In original applications being O.A. No.350/00675/2014 and O.A. No.350/00678/2014 the applicants while working as Loco Pilots were granted financial upgradation under MACPS in the grade pay of Rs. 4600/- which was sought to be withdrawn by an order dated 9th April, 2014. The said original applications were dismissed by orders dated 7th December, 2016 and 23rd December,