III MACP upgradation (GP Rs.4800) granted w.e.f. 01.09.2008 (MACP introduction), reckoning 20 years from 1983 promotion, rejecting 30-year total service computation to honour early promotion benefits and 10-year intervals.

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 service particulars of the applicant and to direct the respondents to extend upgradations to the grade pay of Rs.4800/- both effective from 01.09.2008 and to pass such other order/orders as this Hon’ble Tribunal may deem fit and proper and thus to render justice.”

2. The brief facts of the case are as under:

The applicant was appointed as Assistant Station Master in Madurai Division of Southern Railway in the scale of Rs.330-560/1200-2040, in the year 1980, and, after successful completion of the prescribed training, he was absorbed as Assistant Station Master, on 18.03.1981. He was promoted as Station Master III in scale Rs.425-640, w.e.f. 23.12.1983, and further promoted as Station Master II in scale Rs.1600-2660, w.e.f. 25.11.1996. He was further promoted as Station Master Grade I in Pay band Rs.9300-34800 with Rs.4600 grade pay in the year 2005 and, while working as such, he was declared medically unfit for the post on 17.11.2008 and he was continued in a supernumerary post pending alternate absorption. The applicant voluntarily retired from service on 31.10.2013. The applicant submits that, in the category of Station Master, the scale of pay Rs.425-640 extended to Station Masters Grade III was merged with the grade of Rs.455-700 and a common scale of pay of Rs.1400-2300 was recommended by the IV Pay Commission, with effect from 01-01-1986, which was revised as Rs.5000- 8000, with effect from 01.01.1996, on the recommendations by the 5th Central Pay Commission. Further, the grade of Rs.550-750 provided to Station Master Grade II, was later revised as Rs.5500-9000, by the V Pay commission, with effect from 01-01-1996. After implementation of the recommendations by the VI Central Pay commission, the grades, viz., Rs.5000-8000 and Rs.5500-9000, were merged and upgraded to Rs.6500- 10500 and revised as the Pay Band of Rs.9300-34800 with Rs.4200 grade pay and the grade of Rs.6500-10500 was upgraded to Rs.7450-11500 and revised as the Pay band of Rs.9300-34800 with the grade pay Rs.4600/-, thereby the promotions earned after many years were distorted and juniors and seniors were brought into a flock without any service benefits and, considering the same, the Pay Commission recommended a scheme, i.e., the Modified Assured Career Progression Scheme, with effect from 01-09-2008. The contention of the applicant is that, in the entire span of around or more than two decades of service, he has availed no promotion since his appointment as an Assistant Station Master, except the new appointment to the class of Station Master and the applicant was extended only one promotion from 2005, and, hence, he was eligible for another financial upgradation w.e.f 01.09.2008. In spite of the fact that the contemporaries of the applicant as well as his juniors were extended such upgradations, the applicant was denied the same and, being aggrieved, he filed the present OA seeking the aforesaid relief.

3. After notice, the respondents have entered appearance through their counsel and filed a detailed reply statement opposing the relief claimed by the applicant in the OA stating therein that Office Order No.21/2018/tp-1, dated 14.03.2018, was issued, granting financial upgradation under MACP to the applicant to Level 8 in the Seventh CPC scales of pay and it is equivalent to the Grade Pay of Rs.4800/- in the Sixth CPC scales of pay. The applicant is entitled to this financial upgradation under MACP w.e.f 18.03.2011 only, i.e, on completion of 30 years of total qualifying