The court ruled that the applicant is entitled to seek a stepping up of pay to equal that of juniors due to service anomalies related to MACP provisions.

ORAL ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J))

In the instant OA, the applicant seeks the following relief:

“... to call for the records related to the impugned order M/P.353/CC/OA 1112/2011 dated 13.02.2015 issued by the 3^rd respondent and to quash the same and further to direct the respondents to extend MACP with the Grade Pay of Rs.4600/- on par with his junior with effect from 01.09.2008 and to pass such other order/orders as this Tribunal may deem fit and proper and thus to render justice.”

2. Brief facts of the case as submitted by the applicant:

The applicant joined the railway service in the year 1977 and after discharging duties in different capacities joined the Station Master cadre in the year 1988. In Station Master cadre the applicant was promoted to the scale of pay Rs. 1400- 2300/Rs.5000-8000/Rs.9300-34800 plus Grade Pay Rs.4200 in the year 1990 and remains in the same till date. On implementing MACP scheme the applicant was not considered for any MACP upgradation whereas many of his juniors were upgraded. In as much as such the applicant was bestowed with only one promotion during his career of 34 years, the applicant is entitled with '2' MACP upgradation with effect from 01.09.2008. The representations submitted by the applicant in pursuant impugned preferred to order in OA.1111/2011 was rejected through the impugned order. Hence this original application is preferred before this Tribunal seeking the above relief.

3. When the matter was taken up for hearing, the learned counsel for the applicant stated that the issue is covered by the decision of this Tribunal in OA 450/2015 dated 12.08.2024.

4. Per contra, the learned counsel for the respondents vehemently the submissions made by learned counsel for the applicant and relied upon the averments made in the reply statement and contended that the facts of the said case and the present case is totally different.

5. We have heard the both the parties at length and perused the materials and pleadings placed on record.

6. We find that the issue which is raised before us is squarely covered by the decision of this Tribunal in OA 450/2015 and the relevant portion of the same is extracted below:

“5. The said order, dated 21.04.2023, in OA 1347/2014, is extracted hereunder:-

“The applicant has filed this OA under Section 19 of the Administrative Tribunals Act, 1985 seeking for the following relief:

“To call for the records related to MACP order No.U/P.535/11/SM/MACP/SMR dated 04.09.2010 and the impugned order No.U/P.500/150/MTPA-2013 dated 24.06.2013 issued by the 2nd respondent and to quash the impugned order dated 24.06.2013 and further direct the respondents to extend MACP with grade pay of Rs.4600/- to the applicant on par with his junior 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 as stated by the applicant in nutshell are as under:

The applicant was appointed as an Emergency Labour and extended with temporary status ion 13.09.1979 and the applicant was empanelled SCP in the year 1982 and then as Sr.SCP in the year 1985 and as Gate Man B in the year 1988 and promoted as Points Man A in the year 1993. Thereafter the applicant was appointed as Assistant Station Master in the scale of pay of Rs.1200-2040 from 1997, promoted as Station Master Gr.III in Grade Rs.5000-8000 in 1999. After the implementation of the recommendations by the VI Pay commission, the grades Viz.Rs.5000-8000, 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 th