Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.

ORDER

Per Ms. Urmita Datta (Sen), Judicial Member:

The instant application has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 praying for grant of first MACP in their respective promotional hierarchy after completion of 10 years applying the same principle as enunciated for grant of ACP. In the instant O.A. the applicants have also challenged Para 2 of the MACP which envisages mere placement in the immediate higher grade pay in the hierarchy of the recommended revised pay bends and grade pay as given in the Section 1, Part-1 of the First Schedule of the Railway Services (Revised Pay Rules), 2008 and prayed for quashing of the impugned order dated 11.09.2013 on the ground that the same is discriminatory in nature and against the Article 14 and 16 of the Constitution of India.

2. As per the applicants, they are Junior Clerks of Kharagpur Division of South Eastern Railway. They have completed 12 to 18 years of service but have not been granted promotion and as such they are stagnating in the same post.

ACP Scheme was introduced in 09.08.1999 to deal with the problem of stagnation and had granted financial relief at an interval of 12 and 24 years to such persons who have been stagnating and facing financial crises due to lack of promotional avenues. Thereafter, the Government had introduced MACP Scheme w.e.f. 01.09.2008 wherein it has been clearly mentioned that financial upgradation should be in the immediate next higher Grade Pay in the hierarchy of revised Pay Band instead of granting financial upgradation in promotional hierarchy.

According to the applicants, in terms of 6th CPC, the post of Head Clerk & Office Superintendent Gr. II has been merged and thereafter redesignated as Office Superintendent and Office Superintendent Gr. I & Chief Office Superintendent are merged and re-designated as Chief Office Superintendent. The applicants are aggrieved since due to absorption of other cadre staff in Ministerial cadre and lack of appropriate promotional avenues, they have not been granted promotion and thus stagnating in the same post. The Ld. Counsel for the applicant submits that at the time of introduction of the ACP Scheme, there was an acute shortage in the Junior Clerk and other cadres in the Ministerial Staff. Accordingly, number of Juniors Clerks, Senior Clerks were granted 1st and 2nd financial upgration in the 1st and 2nd promotional grade i.e. the pre-revised pay scale of Rs. 4500-125-7000/- (revised PB-1 Rs. 5200-20200 + GP Rs. 2800/- and Rs. 5500-175-9000/- (revised PB-2 Rs. 9300-34800 + GP Rs. 4200) respectively w.e.f. 09.08.1999 upon completion of 12 and 24 years of service.

That as per the recommendations of the Sixth CPC the Junior Clerks, Senior Clerks, Office Superintendent and Chief Office Superintendent were provided Revised Pay Scale in PB-1 and PB-2 respectively.

Consequent upon introduction of the MACP Scheme the applicants were granted pay scale of Rs. 5200-20200/- with GP Rs. 1900/-. Thus they were eligible for financial upgradation upon completion of 10, 20 and 30 years of service as Junior Clerks.

The applicants contend that the Junior Clerks who have completed 12 years service as on 31.08.2008 have been granted the benefits of 1st ACP in the pay scale of Rs. 4500-7000/- (corresponding pay scale being Rs. 5200-20200 + G.P. Rs. 2800/-) but the applicants have been granted financial upgradation under MACP Scheme in the Pay Structure of PB-1 (Rs. 5200-20200/- + GP Rs. 2000) thus depriving of the said benefits without any justified reasons.

The applicants claims that the benefits under MACP Scheme is less advantageous because of the fact that the MACP is granted in the hierarchy of the successive Grade Pay than the erstwhile ACP Sc