Senior entitled to MACP upgradation to remove pay anomaly where junior draws higher pay under scheme, per FR 22 principles.

ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J))

This OA has been filed by the applicant, seeking the following relief:

“To call for the records related to the MACP orders and the seniority list dated 28.06.2013 and to direct the respondents to upgrade the applicant on par with his junior L.Sivakumar who was extended with MACP to the grade pay Rs.4800/- w.e.f 15.01.2009 with all attendant benefits and to pass such other order/orders as this Hon’ble Tribunal may deem fit and proper and thus to render justice.”

2. At the outset, the learned counsel for the applicant states that the case of the applicant is squarely covered by the order, dated 21.04.2023, passed by this Tribunal in OA 1286/2014. To show the same, he has drawn our attention to the tabular column in the synopsis filed by him which is extracted hereunder:-

3. Learned counsel for the respondents does not dispute the disposal of the matters. However, he would like to distinguish the present OA from OA 1286/2014 by relying on Paras 16, 17 and 25 of the reply statement which are extracted hereunder:-

“16.The applicant is comparing himself with one Shri L.Sivakumar, who was granted 2^nd MACP to the Grade Pay of Rs.4800/- w.e.f 15.01.2009. It is submitted that comparison cannot be drawn between the applicant and Shri L.Sivakumar. Shri L.Sivakumar was selected by the Railway Service Commission for the post of Traffic Apprentice in scale Rs.425-455 directly. After completion of two years training, absorbed as Station Master in scale Rs.1400-2300, w.e.f 15.01.1989. He was further promoted as Station Master Grade II in scale Rs.5500-9000 w.e.f 01.11.2003 on account of cadre restructuring.

17.In terms of the MACP Scheme, in RBE No.101/2009, Shri L.Sivakumar, having not earned any promotion, in his entire career was granted 1^st and 2^nd Financial Upgradations to the Grade Pay of Rs.4600 and Rs.4800 respectively and his pay was fixed at Rs.20,320/- (Rs.15,720 + Rs.4600) w.e.f 01.09.2008 and Rs.21,130/-(Rs.16,330+Rs.4800) w.e.f 15.01.2009 respectively.

25.Regarding the grounds of the applicant contained in Paragraph 5(g) stating that the principle that supervisor be placed above the supervised is an universal principle adopted but in the applicant’s case it is given a go-by and denial of the benefits of MACP to the applicant on par with his junior is against the principles of administrative jurisprudence, it is submitted that this ground is without any merits and baseless as the applicant is drawing more pay than the junior, by virtue of more than