The court affirmed that an appointment under the 13 1/3% quota for Serving Graduate Clerks is considered a promotion, not direct recruitment, impacting eligibility for financial upgradation under the M.A.C.P. Scheme.

ORDER

Per : Hon’ble Shri Lok Ranjan, Member (A)

The present Original Application had been filed by the Applicant upon being aggrieved by the impugned Letter dated 10.12.2014 by the Office of the Divisional Railway Manager (D.R.M.), North Western Railway (N.W.R.), (Respondent No.2) whereby the representation dated 10.11.2014 of the Applicant – regarding the benefits of financial upgradation as per Assured Career Progression (A.C.P.) Scheme and Modified Assured Career Progression (M.A.C.P.) Scheme to be reckoned by treating 10.02.1994 as the date of his first appointment as Senior Clerk under the Serving Graduate 13 1/3% quota pursuant to selection by the Railway Recruitment Board (R.R.B.), Ajmer – had been rejected and his selection as such had been deemed to be a promotion itself and thereby reckoned as an upgradation w.e.f. 10.02.1994 under the extant A.C.P./M.A.C.P. Scheme.

2. Based on the pleadings of the parties to the case, the relevant matrix of facts had emerged as follows briefly. The Applicant was appointed on 20.07.1991 to the post of Clerk in Pay Band of Rs. (950-1500)/- (Revised Grade Pay Rs.1900/- as per VI-Central Pay Commission) under the Ajmer Division of the Western Railway. Eventually on 01.09.1992, the Recruitment to Class-III Staff in the Pay Scale of Rs.(1200-2040)/- (Revised Pay) through Competitive Examination against 13 1/3% quota for Serving Graduates was notified by the R.R.B. Ajmer ; and that was circulated by the Office of the D.R.M. Ajmer vide Letter dated 08.09.1992. The Applicant had also applied for the same ; and qualified at the written examination and type-test on 14.05.1993 at the Competitive Examination for Serving Graduates notified by the R.R.B. Ajmer ; and subsequently, although the Applicant had been allowed Inter-Railway Transfer to Northern Railway at his own request on 18.05.1993 and was posted under D.R.M. Bikaner Division, he had qualified finally for appointment as Senior Clerk against the 13 1/3% quota through Limited Departmental Competitive Examination (L.D.C.E.). Consequently, the offer of appointment dated 06.12.1993/06.01.1994 (sic) was issued to the Applicant as a Serving Graduate, for the post of Senior Clerk in Jaipur Division of Western Railway ; and vide Office Order dated 10.02.1994 of the Office of the D.R.M. Jaipur under Western Railway, his appointed as such had been ordered.

3. The appointment of the Applicant as Senior Clerk pursuant to the aforesaid Office Order dated 10.02.1994 was made in the Pay Scale of Rs.(1200-2040)/-(R.P.) (incidentally, equivalent to G.P. Rs.2800/- as per VI-C.P.C. later). Subsequently, vide the Order dated 22.02.2007 (sic), the Applicant was allowed the benefit of financial upgradation to the Pay Scale of Rs.(5000‹8000)/- (Revised G.P. Rs.4200/- as per VI-C.P.C.) w.e.f. 16.02.2006, i.e. after completion of 12 years of service in the same Pay Scale as per the A.C.P. Scheme. Later, the Applicant had submitted a representation dated 10.11.2014 to the Senior Divisional Personnel Officer, NWR claiming for a second financial upgradation under M.A.C.P. Scheme w.e.f. 16.02.2014. The said representation of the Applicant was responded to vide the impugned Letter dated 10.12.2014 of the D.R.M. Jaipur Division, N.W.R. whereby it had been conveyed that the Applicant’s selection/appointment as Senior Clerk under the Serving Graduate 13 1/3% quota was a case of promotion ; hence the Applicant is not eligible for A.C.P./M.A.C.P. Scheme benefits to