Third MACP requires 30 years regular service; only 50% temporary casual labour service counts per Railway Board policy; substitute service pre-regularization not eligible absent rules; post-superannuation claim after 2 years held time-barred. (32 words)

ORDER

By Hon’ble Mr. Justice Rajiv Joshi, Member (Judicial): Heard Shri Mayank Chandra, learned counsel for the applicant and Shri Vinod Kumar Pandey, learned counsel for the respondents at the time of hearing.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:

I. " For a direction upon the respondent-1 to revise the pay-scale of the applicant by grating the III ACP and also to revise the pension calculating services rendered by him from 07.02.1976 to 27.04.1981 and to pay the other consequential benefits.

II. For a direction upon the respondents to decide the representation of the applicant, which is pending before him since 01.06.2015.

III. To issue such other and further order or direction as this Hon’ble Tribunal/Court may deems fit and proper under the facts and circumstances of the case.”

3. The brief facts as apparent from the record of Original Application are that as under :-

a) The applicant was duly engaged in the North Eastern Railway to the post of Khalasi as substitute employee on 07.02.1976 and worked till 27.04.1981 under same capacity.

b) Subsequently, the services of the applicant was regularized w.e.f 27.04.1981 to the said post.

c) During the service period, the benefit of 3^rd Assured Career Progression (hereinafter referred as ‘ACP’) has not been granted to the applicant and after attaining the age of superannuation, retired from services on 28.02.2013.

d) After superannuation, the pension of the applicant was fixed without revision of the pay scale as benefit of 3^rd ACP has not been granted to him.

e) Aggrieved by the same, the applicant represented before the respondents on 05.03.2013 for grant of 3^rd ACP as the applicant worked for more than 31 years of service out of which, 4 years, nine months and 23 days were deducted as non-qualifying service without any notice to the applicant, but no heed was paid on the said representation.

f) Hence, the applicant has been constrained to knock the door of this Tribunal.

4. On the other hand, counter affidavit has been filed from the side of the respondents, wherein it has been stated as under :-

a) Instant Original Application has been filed after a lapse of more than 34 years of inordinate delay after being given Central Pay Commission on 28.04.1981.

b) The Original Application is highly time barred and is liable to be dismissed.

c) As per service record, the services of the applicant was regularized w.e.f. 12.12.1990 as Khalasi under Assistant Divisional Engineer-II, Allahabad.

d) The applicant has worked from 28.04.1981 to 12.12.1990 (Central Pay Commission) as a temporary/casual labour.

e) In terms of Railway Board’s Letter dated 04.12.2009, 50 % of temporary status casual labour services on absorption in regular employment was taken into account for grant of benefit of Modified Assured Career Progression (hereinafter referred as MACP).

f) The applicant was already given weightage of 50 % service of temporary status from 28.04.1981 to 12.12.1990 i.e. four years, nine months and twenty two days for calculation of pensionary benefits.

g) The applicant has worked as regular employee from 13.12.1990 to 28.02.2013 i.e. total twenty two years, two months and 17 days.

h) The applicant has worked total twenty seven years and eight days only and for grant of third MACP, the applicant ought to have complete 30 years of regular services and as such, the applicant is not entit