Movements between Loco Pilot posts in same Grade Pay (Rs.4200) are lateral inductions, not promotions; past upgradations in merged scales ignored under MACP para 5 over para 8 for stagnation relief.

ORDER 

By Justice Akhil Kumar Srivastava, JM;

By way of this Original Application, applicants have sought for direction to the respondents to grant them benefits of MACP scheme as per their individual eligibility.

2. The facts of the case are that all the applicants are working as Loco Pilot goods in the respondent-department. As per Estt. Rule No.138/2009 they are entitled for financial upgradation under the Modified Assured Career Progression Scheme (MACP). They submitted their representations for the same to the respondents. On non-reciept of any response, they filed O.A. No.1128/2015 before this Tribunal which was disposed of vide order dated 17.12.2015 to decide their representations. In compliance of said order, respondents vide order dated 06.05.2016 (Annexure A/1) have rejected the claim of the applicants for grant of MACP benefits. Hence this Original Application.

2.1 Learned counsel for the applicants has submitted that the post of Loco Pilot Goods, Loco Pilot passenger and Loco Pilot Mail are in the same grade pay of Rs. 4200, thus the movement of Loco Pilot Goods to Loco Pilot Passenger and further to Loco Pilot Mail cannot be termed as promotion but merely lateral induction. 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. Further the movement from one post to other when the grade pay remains the same has been considered and held to be lateral induction rather than a promotion by the Hon'ble Tribunal in Original Application No. 939/2011 and Hon'ble High Court of Madhya Pradesh in WP No 13101/2014 and other connected matters.

3. Respondents in their reply have submitted that the applicants who were appointed as Assistant Loco Pilot in the year 1995 in Loco Running Category and got up-gradation to the post of Sr.AED in the year 2004 and thereafter, were promoted to the post of Loco Pilot Goods in the Grade Pay 4200/- in the year 2005 in Loco Running Category, have earned two promotions/up-gradations in their service career up to Loco Pilot Goods. Hence, the applicants could be and have been considered for 3rd financial upgradation to the same Grade Pay of Rs.4200/- in PB-2 in terms of Board's letter dtd. 13.12.2012 (Annexure R/1) and increase in pay by 3 percent as is applicable in normal promotions. As such, as per Estt Rule No. 174/2011 those ALPs who were promoted as LPG bypassing Shunter post should be treated as having earned two promotions and thus they are eligible for 3rd MACP. Accordingly Sri Rakesh Kumar Rathore and others those who have completed 10 years services as LPG awarded financial benefit under MACP scheme vide this office order dated 30.08.2016 (Annexure R/3) from the date of completion of 10 years. It is further submitted by the respondents that the grant of financial upgradation under MACP Scheme is regulated as per the terms and conditions contained in Board's policy instructions dt. 10.06.2009 (Estt. Rule No. 138/2009), (Annexure A/2) and the said letter comprises a set of inter-related instructions and has to be read and interpreted in totality while implementing the Scheme. An isolated interpretation of any instruction contained in Board's letter dated 10.06.2009 which conflicts or nullify the other instruction(s) is not judicious and, therefore, legally not tenable. In terms of Para 5 of the Annexure to Board's Policy instructions dated 10.06.2009, promotions earned upgradations granted under ACP Scheme in the past to those grade which now carry the same Grade Pay due to merger of pay scales/upgradations of posts recommended