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SHREE CHANDRASHEKHAR, YOGENDRA KUMAR PUROHIT
Union Of India, Through The General Manager – Appellant
Versus
Laxman Lal Parihar S/o Chunni Lal – Respondent
ORDER :
Shree Chandrashekhar, J.
Challenging the judgment pronounced on 25th February 2020 by the Central Administrative Tribunal, Jodhpur Bench in O.A. No.290/00412/2015 with M.A. No.290/00219/2017, the Union of India has filed this writ petition.
2. In O.A. No.290/00412/2015, challenge was laid by seventeen employees who held the post of Mail/Ex. Guard, Passenger Mail/ Ex. Guard, Sr. Passenger Guard etc. to the order dated 9th June 2015 by which the benefits under MACP scheme given to them were withdrawn and the order dated 23rd September 2015 by which an order of recovery was passed by the Divisional Railway Manager, North-West Railway, Ajmer Division.
3. The Tribunal considered different orders passed by the Central Administrative Tribunal at Allahabad and Ernakulam Benches and the decisions of the Allahabad High Court, the High Court of Rajasthan, Jodhpur Bench and came to a conclusion that the Railway Board Order RBE No.106/1993 was issued to prescribe the standard designations for the upgraded posts as well as for regulating the procedure for filling up the vacancies and for lateral induction of staff so upgraded in normal Promotional Grades. The Tribunal further noticed that th
The MACP scheme provides financial upgradations based on service duration, not promotional hierarchy, and previous judicial decisions must be followed.
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
The MACP Scheme mandates financial upgradation based on grade pay hierarchy, irrespective of post hierarchy, ensuring employee benefits are upheld.
The main legal point established in the judgment is that previous promotions and financial upgradations can affect the eligibility of an employee for benefits under the MACP scheme.
Point of Law : Respondent would not be entitled to any upgradation in pay as held by Tribunal.
Court rejected contention of employee that he was entitled for benefit of MACP-III Scheme.
(1) Under MACP Scheme employees are entitled to immediate next higher grade pay as given in Section 1, Part A of First Schedule of CCS (Revised Pay) Rules, 2008 – MACP has nothing to do with next pro....
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