ORDER

Per : Hon’ble Mr Justice Rameshwar Vyas The instant Original Applications are being decided by this common order as controversy involved in these OAs are identical in nature arising out of the identical orders Being aggrieved by communication dated 10.10.2012 (Annex. A/2 ) whereby financial upgradation granted to the applicants were proposed to be withdrawn and order dated21.11.2013/08.11.2013 issued by the Sr. Divisional Personal Officer, NWR, Jodhpur rejecting the representations made pursuant to order of this Tribunal passed in earlier round of litigation, the applicants have filed the instant OAs praying for quashing the aforesaid orders, as also the clarification issuedby the Railway Board dated 10.02.2011 (Annex. A/1).

2. The facts necessary to adjudicate the instant OAs are as under :-

2.1Prior to 01.01.2006, i.e. the date coming into force the recommendations of 6th Central Pay Commission (6th CPC), the pay scales of Guard category were as follows:

[i] Mail Guard - Rs. 5500-9000 [ii] Sr. Passenger Guard - Rs. 5500-9000 [iii] Passenger Guard - Rs. 5000-8000 [iv] Sr. Goods Guard - Rs. 5000-8000 [v] Goods Guard - Rs. 4500-7000 After coming into force the recommendations of 6th CPC, revised pay structure in relation to above posts in the form of pay band and grade pay, was as under :

[i] Mail Guard - Rs. 9300-34800 + G.P. 4200/- [ii] Sr. Passenger Guard- Rs. 9300-34800 + G.P. 4200/- [iii] Passenger Guard- Rs. 9300-34800 + G.P. 4200/- [iv] Sr. Goods Guard- Rs. 9300-34800 + G.P. 4200/- [v] Goods Guard - Rs. 5200-20200 + G.P. 2800/- Revised pay structure merged the erstwhile pay scales of Rs 5000-8000, Rs 5500-9000 & Rs 6500-10500 in the Pay Band - 2 [PB-2] of Rs 9300-34800 with Grade Pay of Rs 4200/-.

Vide RBE No. 101/2009 dated 10.06.2009 (Annex. A/5), the Railway Board accepted the recommendations of 6th CPC for introduction of Modified Assured Career Progression Scheme (MPCPS) with further modification to grant three financial upgradations at the interval of 10, 20 & 30 years of continuous regular service. The applicants were allowed 2nd & 3rd financial upgradations under MACPS in the Pay Band-2 (PB-2) Rs 9300-34800 + Grade Pay of Rs 4600/4800 or both, which were sought to be withdrawn in terms of Railway Boardclarification dated 10.02.2011 (Annex. A/1 ).

2.2 Aggrieved with the above, the applicants in these OAs [applicants in OA Nos. 540/2013, 538/2013, 539/2013 & 541/2013] filed separate OA Nos. 10/2013, 465/2012, 11/2013 & 464/2012 respectively before this Tribunal, whichwere disposed of on 04.09.2013 with direction to file representation against show cause notice within 30 days. The respondents were directed to decide the representation thereafter within one and half months while taking into consideration the order passed by CAT Ernakulam Bench in RANo. 16/12 in OA No. 561/2011 dated 11.04.2012.

2.3Pursuant to aforementioned orders dated 04.09.2013 passed by this Tribunal, the respondents issued orders dated21.11.2013/08.11.2013 (Annex. A-4/A-3 to these OAs) dismissing the claim of the applicants for MACP in identical manner with following identical observations:

“…….financial up gradation to applicants was granted due to wrong interpretation of policy and after clarification from Rly board/HQrs Office it was proposed to modify fixation as per instructions from Railway Board.” It was also observed that “in the whole matter, Para 5 and 8 are rival issues which have been raised by the applicants and CAT Ernakulam Bench. Both these issues have been elaborated. It was made clear that issues incorporated in Para 5 & 8 were of different context. Ambiguity or doubts raised by the applicants have been explained in detail. The respondents thus deemed it reasonable to modify the pay of all the applicants as per guidelines given by the Railway Board regarding MACPS and 6th CPC recommendations by withdrawing wrongly granted benefit of MACP.” Aggrievedwith order dated 21.11.2013/08.11.2013, the a