O R D E R

Per Mr.Gokul Chandra Pati, Member (A)

The OA has been filed with the prayer for following reliefs:-

“In the above facts and circumstances, it is humbly prayed that this Hon’ble Tribunal may be pleased to quash the order dtd. 7.11.2011 (Annexure A/2) to the extend in granting G.P.Rs.4600/- to the applicant and further be held that the applicant is entitled to receive Grade pay Rs.4800/- from 1.9.2008 in Third MACP.

And further be pleased to direct the respondents to pay G.P.Rs.4800/- of Third MACP to the applicant from 1.9.2008 with all arrear dues and interest.”

2. The applicant was first appointed as Assistant Station Master (in short ASM) in 1.8.1984 and promoted as Station Master (in short SM) in December, 1987. While working as SM in Adra Division, he was transferred to Khurda Road division on 16.1.1991 after accepting the reversion to the grade of ASM with the Grade pay of Rs. 2800/-, but his pay was protected. Then he was promoted as SM in Khurda Road division on 20.8.1993 with the Grade Pay (in short GP) of Rs. 4200/-. Then he was promoted to the post of Deputy Station Superintendent (in short DSS), which was merged with the post of SM with GP of Rs. 4200/- after 6th Central Pay Commission (in short CPC) report. Then the applicant was promoted to the post of Station Superintendent (in short SS) on 29.4.2010 with the GP of Rs. 4600/-. Thereafter, vide order dated 8.6.2011 (Annexure A/1) and dated 7.11.2011 (annexure A/2), the applicant was allowed the benefit of financial upgradation under third MACP to the GP of Rs.

4600/- w.e.f. 1.9.2008.

3. The applicant claims the benefit of third MACP to the GP of Rs. 4800/- w.e.f. 1.9.2008, on the ground that he was first promoted to the rank of SM in December, 1987 in Adra division. Although he was transferred to Khurda Road division after accepting reversion to lower post of ASM, his financial benefit was protected and since the MACP is financial upgradation, it should not be affected by the inter-division transfer at lower post. Hence, as per the applicant, he would be deemed to be promoted to SM in December, 1987 to GP of Rs. 4200/- and will be entitled for 2nd MACP to GP of Rs. 4600/- w.e.f. 1997 (i.e. from 1.9.2008) and 3rd MACP to the GP of Rs. 4800/- w.e.f. 2007 (i.e. from 1.9.2008) instead of the 3rd MACP benefit to the GP of Rs. 4600/- w.e.f.

1.9.2008, granted by the respondents as per the order dated 8.6.2011 (A/1).

4. The respondents have filed counter, stating that as per para 24 of the Railway Board circular dated 10.6.2009 (RBE No. 101/2009) by which the MACP Scheme was extended to the Railway servants, if an employee seeks unilateral transfer to a lower scale, he will be entitled for 2nd and 3rd MACP benefit after completion of 20/30 years of regular service from the date of his initial appointment. The applicant got promoted to the rank of SM at GP of Rs. 4200/- w.e.f. 20.8.1993 under Khurda Road division, which will be counted as second upgradation benefit. He got next promotion on 29.4.2010 to the rank of SS with GP of Rs. 4600/-. Hence, the applicant will be entitled for 3rd MACP benefit after 10 years from 20.8.1993, i.e. after 19.8.2003 and since the MACP Scheme was w.e.f. 1.9.2008, the 3rd MACP benefit to the applicant has been allowed w.e.f. 1.9.2008. Accordingly, the mistake in the order dated 8.6.2011 (A/1) was corrected vide order dated 7.11.2011 (A/2) treating the 2nd MACP of Rs. 4600/- granted to the applicant as 3rd MACP benefit.

5. The applicant, in reply to the counter, has filed the Rejoinder. Vide para 4 of the Rejoinder, it is stated that vide order dated 19.5.2016 (Annexure A/8), the respondents have allowed the benefit of 3rd MACP to the applicant to the GP of Rs. 4800/- w.e.f. 13.8.2014, alongwith some other similarly placed employees who have also been granted the benefit of 3rd MACP to the GP of Rs. 4800/-. It is also stated that as per the RBE No. 08/2013 dated 31.1.2013 (Annexure A/9), the employees in whose case the benefit of pay protect