Promotions between railway guard posts in merged pre-revised pay scales (same grade pay post-VI CPC) are lateral inductions, ignored under MACPS Para 5, entitling employees to financial upgradations despite multiple post changes.

ORDER 

By Justice Akhil Kumar Srivastava, JM;

By way of this Original Application, applicant has sought for quashing of order dated 10.02.2011 (Annexure A/1) and also prayed for direction to the respondents to grant him benefits of MACP scheme as per his eligibility.

2. The facts of the case are that the applicant was appointed on 01.11.1980 as Goods Guard in the respondent- department and presently working as Mail Express Guard. Applicant is eligible for the benefit of Assured Career Progression Scheme and the Modified Assured Career Assured Progression Scheme. But the same has not been granted to him vide impugned order dated 10.02.2011 (Annexure A/1). Hence this Original Application.

2.1 Learned counsel for the applicant has submitted that on 15.09.2010 (Annexure A/3) a second meeting of the Joint Committee was conducted under the Chairmanship of Joint Secretary (E). DOP&T wherein the issue relating to the grant of MACP benefits to the Railway Guards was considered. It was decided that in cases of non functional promotions and normal promotions in the same grade pay cannot be treated for the purposes of MACP.

2.2 Further the Railway Board has issued a notification dated 11.09.2008 circulated under RBE No.108/2008 regarding implementation of VI Central Pay Commission recommendations i.e. Railway Services [Revised Pay] Rules, 2008. Annexure B to the said notification provides for Revised Pay Band & Grade Pay of certain specified categories of Staff. As per the said Annexure Mail Guards in scale of 5500-9000 PB-2, Senior Passenger Guards in the Scale of 5500-9000 PB-2 and the Passenger Guards in the Scale of 5000-8000 PB-2 have been merged in the Grade Pay of 4200 and the Goods Guards have been placed in the Grade Pay of 4200.

2.3 Learned counsel for the applicant further submitted that a similar issue arose before the Hon'ble Central Administrative Tribunal, Ernakulam in OA No. 650/2011 in the matter of Pankajakshan M. and others vs.Union of India and others. in Writ Appeal No. 18244/2013 the Railways had challenged the order passed by the Hon'ble Central Administrative Tribunal Allahabad Bench wherein while referring to order passed by the Hon'ble Supreme Court in Special Leave to Appeal (Civil) no. 26787/2008 the Hon'ble High Court observed that it is a settled position movement of a Sr. Goods Guard to the Passenger Guard is not a promotion and is a lateral induction keeping in view the fact that such a movement does not involve any change in Grade Pay. That, further against the order passed by the Hon'ble High Court of Allahabad, the railways preferred a SLP no. 13421/2014 which was dismissed vide order dated 29.08.2014. A copy of order passed in WA No. 18244/2013 and SLP no. 13421/2014 (Annexure A/5).

3. Respondents in their reply have submitted the applicant has already availed more than three promotions i.e. 1^st promotion as Guard B on 03.03.1984, 2^nd promotion as Senior Goods Guard on 24.05.1996, 3^rd promotion as Passenger Guard II on 30.01.2001 4^th Promotion as Passenger Guard I on 22.02.2005 and 5^th promotion as Mail Express Guard on 11.10.2011 and got retired on attaining the age of superannuation on 31.05.2017. Hence, he is not entitled for benefit of MACP.

4. Heard the learned counsel for both the parties and perused the reply of the respondents and documents annexed therewith. However applicant has not filed any rejoinder to the reply filed by the respondents to convert the averments made therein.

5. A similar issue has been decided by Hon’ble High Court of Madhya Pradesh in Writ Petition No.13031/2013 Union of India vs. K. Bhaskaran and other connected WPs decided on 20.11.2015. The Hon’ble High Court has held in Paragraphs 5, 7, 8, 9 and 10 which read as under:-

“5.