The court affirmed that benefits under the MACP Scheme are granted only after the scheme's implementation date, rejecting claims for earlier benefits as invalid.

ORDER :

[Order of the Court is made by S.M.SUBRAMANIAM, J.]

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for records of the Tribunal in its impugned order dated 21.04.2023 in O.A.1494 of 2019 passed by the 1st respondent, Central Administrative Tribunal, Madras Bench and its batches and quash the same.

Under assail is the order dated 21st April, 2023 passed in O.A.No.1494 of 2019.

2. The Union of India has preferred the present writ petition under Article 226 of the Constitution of India. The 2nd respondent has filed O.A.No.1494 of 2019, seeking III Modified Assured Career Progression Scheme (MACP Scheme) benefits with effect from 27.05.2012, and consequential benefit, including re-fixing his pay and paying arrears and other benefits. Rejection order of the appellant was also sought to be set aside before the Tribunal.

3. The Tribunal considered the issues and disposed of the original application on 21st April, 2023, granting liberty to the respondents to pass appropriate orders, subject to the outcome of the Review Petition No.140 of 2016 pending before the High Court and Special Leave Petition in S.L.P.No.12140 of 2019.

4. The learned Senior Central Government Panel Counsel appearing on behalf of the petitioners would submit that as per the MACP Scheme, III MACP Scheme benefits were granted to the 2nd respondent on 1st September, 2018, on completion of 10 years of service from the date of grant of II MACP Scheme benefits. Thus, the III MACP Scheme benefits were granted in accordance with the terms of the scheme and the 2nd respondent is not eligible or entitled to seek III MACP Scheme benefits from the year 2012 as such sought for in the original application filed before the Tribunal. This is because the MACP Scheme guidelines specify that the benefits are granted on completion of 10, 20, and 30 years of service.

5. The learned counsel appearing on behalf of the 2nd respondent would oppose by stating that Clause (5) of the MACP Scheme pertains to promotions earned/upgradations granted under the ACP Scheme, which was not properly considered by the appellants in the case of the 2nd respondent. In support of the said clause, the learned counsel for the 2nd respondent relied on the illustrations given in Clause (28) of the MACP Scheme.

6. According to the 2nd respondent, the III MACP Scheme benefits should have been granted with effect from 27.05.2012. However, these benefits were erroneously granted to the 2nd respondent from 01.09.2018. The Tribunal has failed to consider the merits of the case and instead disposed of the original application, granting liberty to the respondents to decide the issues subject to the outcome of the review petition and special leave petition (SLP).

7. The Tribunal has further held that the similar issue has been decided in original application in O.A.No.82 of 2020 dated 11.07.2022. In view of the pendency of the review application, the Tribunal has not considered the merits involved with reference to the relief sought for by the 2nd respondent in the original application. Thus, it is necessary to examine the scope of the scheme to determine the eligibility of the 2nd respondent to claim III MACP Scheme benefits.

8. The Government of India, Ministry of Railways, pursuant to the recommendations of the Sixth Central Pay Commission issued proceedings dated 10.06.2009, granting Modified Assured Career Progression Scheme (MACP Scheme) for Railway Employees.

9. Clause (1) of MACP Scheme stipulates “There shall be three financial upgradations under the MACPS, counter from the direct entry grade on completion of 10, 20 and 30 years of service respectively. Finance upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same Grade Pay”.

10. Clause (5) of MACP Scheme stipulates “Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the s