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2025 Supreme(Online)(CAT) 3063
CENTRAL ADMINISTRATIVE TRIBUNAL
Mr. Sudhi Ranjan Mishra, J, Mr. Pramod Kumar Das, A
Santi Lata Satapathy – Appellant
Versus
East Coast Railway – Respondent
O.A./431/2024
Mr. N R Routray, Mr. Bighnaraj Rath
The court ruled that the withdrawal of the applicant's 3rd financial upgradation under the MACP scheme was unlawful, affirming her entitlement based on applicable Railway Board regulations.
Headnote:(A) Railway Board's letter dated 09.09.2016, RBE No. 87/2018, RBE No. 31/2021, RBE No. 33/2016, RBE No. 21/2025 - Financial upgradation under MACP - Applicant challenged withdrawal of 3rd financial upgradation citing wrong implementation of RBE No. 31/2021 - The court found that the applicant was entitled to the 3rd MACP as granted, and the withdrawal was unlawful. (Paras 10, 11)
(B) MACP Scheme - The court emphasized that promotions earned during the specified period should not be ignored for MACP eligibility, reaffirming the principle of entitlement to financial upgradation. (Paras 9, 10)
Facts of the case:
The applicant, a Staff Nurse promoted through various positions, was granted a 3rd MACP but faced withdrawal due to alleged irregularities in pay fixation. The applicant argued that her juniors were receiving higher pay despite her seniority.
Findings of Court:
The court ruled that the withdrawal of the 3rd MACP was unlawful and directed restoration of the financial upgradation.
Issues: The main issues included the legality of the withdrawal of the 3rd MACP and the applicant's entitlement to financial upgradation under the MACP scheme.
Ratio Decidendi: The court held that the applicant's promotion and subsequent financial upgradation were valid and should not have been withdrawn, as per the applicable Railway Board regulations.
Result: The OA is allowed.
ORDER
Hon’ble Mr. Sudhi Ranjan Mishra, J.M.
The applicant challenging the corrigendum dated 20.05.2024, 21.05.2024 and order dated 04.07.2024 for withdraw the 3rd financial upgradation in wrong implementation of RBE No. 33/2021 and decision of recovery from her salary has filed this OA praying for following reliefs:
a) To quash the corrigendum dtd. 20.05.20247 under Ann. A/5 (so far this applicant is concern);
b) And to quash the corrigendum dtd. 21.05.2024 and order dtd. 04.07.2024 under Ann. A/6 & A/8 respectively.
c) And to direct the respondents to restore the 3rd financial upgradation granted w.e.f. 01.11.2013 in PB III with GP of Rs. 6600/-;
d) And pass any other order as this Hon’ble Tribunal deems fit and proper in the interest of justice.
2. The brief facts of the case as inter alia averred by the applicant in the OA is that she was initially appointed as a Staff Nurse on 27.02.1990 in scale of Rs. 1400-2600/- during 4th PC. It is submitted that she was promoted to the post of Nursing Sister in the year 2000 in scale of Rs. 5500-9000/-. Then she was promoted to the post of Matron w.e.f. 01.11.2003 and further to the post of Chief Matron w.e.f. 12.09.2006 in scale of Rs. 7450-11,500/- with grade pay of Rs. 5400/- in PB II. It is submitted that 6th CPC had introduced MACP wherein three financial upgradations at 10, 20 & 30 years of service. It is submitted that Govt. of India, Ministry of Health & Family Welfare vide OM dtd. 09.09.2016 which was accepted by Railway and RBE No. 87/2018 was issued. It is submitted that after issuance of RBE No. 87/2018 the screening committee recommended her case for grant of 3rd MACP w.e.f. 01.01.2013 i.e. 10 years from date of 2nd promotion vide order dated 08.11.2019. It is submitted that Respondent No. 3 vide corrigendum dated 20.05.2024 decided to withdraw the 3rd financial upgradation of the applicant and others citing RBE No. 31/2021. It is submitted that in the corrigendum dated 20.05.2024 it is mentioned to recover the arrears from salary/settlement dues. It is submitted that Respondent No. 3 issued corrigendum dated 21.05.2024 and deferred the 3rd financial upgradation of the applicant from 01.11.2013 to 01.11.2023. It is submitted that the applicant submitted representation dated 29.05.2024 to Respondent No. 3 stating that there is no wrong in granting 3rd financial upgradation in view of RBE No. 87/2018 and 83/2018 and further pleaded that her juniors are enjoying Grade Pay of Rs. 6600/- and she being the senior there is no reason to place her at grade pay of Rs. 5400/-. It is submitted that Respondent No. 3 vid letter dated 04.07.2024 communicated the decision of Respondent No. 4 wherein it is stated that her promotion to Chief Matron is w.e.f. 12.09.2006 and she has been granted one increment in terms of RBE No. 33/2016 which is counted as one upgradation as per RBE No. 31/2021. It is submitted that order dated 12.04.2022 and 22.04.2022 were challenged by other employees who are Juniors to the applicant and this Tribunal had directed the respondents to dispose of the representations of the applicants therein vide order dated 08.06.2024. It is submitted that in compliance to order of this Tribunal the respondents had restored the 3rd financial upgradations in case of the juniors vide order dated 15.07.2022. It is submitted that she is entitled to 3rd financial upgradation under MACP Scheme in PB III with GP of Rs. 6600/- w.e.f. 01.11.2013 i.e. after completion of 10 years in second promotional post of Matron/Chief Matron in view of merger of scales of Staff Nurse with Nursing Sister and Matron with Chief Matron. It is submitted that vide RBE No. 9/2020 the Railway Board had clarified fixation of pay of Chief Matron after merger of the scale of Chief Matron and Matron. It is submitted that after implementation of RBE No. 33/2016 the department has asked for option for grant of one increment and in lieu of that the respondents are depriving the actual benefit meant for financial upgr
