Back
2026 Supreme(Online)(CAT) 409
CENTRAL ADMINISTRATIVE TRIBUNAL
Om Prakash, J, Mohan Pyare, A
Gyan Prakash Tiwari – Appellant
Versus
Union of India – Respondent
Original Application No.591 of 2019
For the Appellants/Petitioners: Shri Manoj Kumar Dhrubvanshi
For the Respondents: Shri Arvind Kumar
An applicant's training period must be counted as qualifying service for MACP benefits under relevant laws and prior judgments.
Headnote:This judgment discusses the interpretation of qualifying service under the MACP scheme, specifically referencing the Administrative Tribunals Act, 1985, and prior Railway Board circulars. The applicant's claims for counting the training period towards service for pension benefits and MACP are addressed. The court held that the applicant is entitled to have the training period counted for the purpose of MACP eligibility, setting aside the previous decisions that denied this benefit. Consequently, the tribunal ordered the respondents to revise the applicant's records and grant benefits accordingly, including pensionary adjustments.
| Table of Content |
|---|
| 1. facts concerning the applicant's service and training. (Para 2 , 3) |
| 2. arguments regarding entitlements under macp. (Para 4 , 5) |
| 3. court's observations on the submissions made. (Para 6) |
| 4. ratio decidendi relating to the counting of training as qualifying service. (Para 7 , 8 , 9) |
| 5. conclusion directing benefits and adjustments for the applicant. (Para 10) |
ORDER
By Hon’ble Mr. Mohan Pyare, Member (A)
Present Original Application has been filed under Section 19 of the Administrative Tribunals Act , 1985, seeking the following relief:
“(i) The Hon'ble Tribunal may graciously be pleased to call for the original service record of the applicant and quash all the impugned orders viz. wrong service verification report dated 23.12.2017 (Annexure A-1), Pension Payment Order No. 20187300800004 on 2.2.2018 and service certificate issued on 4.1.2018 (Annexure A-2), impugned reply dated 4.4.2018 passed by CWM / PD/ ECR Mughalsarai (Annexure A-3) and impugned order No. PD/E/ Court Case / G.P. Tiwari /O.A. 1112/18/CAT/ Allahabad dated 17.1.2019 passed by the Senior Personnel Officer, E.C. Railway, Mughalsarai along with CPO's letter dated 24.7.2009 as mentioned therein (Annexure A-4) and direct the respondents to show his correct date of appointment as on 27.1.1987 in service certificate and other records viz. PPO (Annexure A-2) as per his service record and re-fix his pay GP @ 5400 granting 3rd MACP and re-calculate his pensionary benefits on his qualifying service of 31 years 4 days and allow pension and other settlement and pensionary benefits accordingly.
(ii) The Hon'ble Tribunal may further be pleased to quash also the impugned Para 9 of Annexure to MACPS attached with Railway Board's circular RBE No. 101 / 2009 dated 10.6.2009 (Annexure A-4) regarding " regular service". which debars granting 3rd MACP to applicant as stated by the respondent in impugned order dated 17.01.2019.
(iii) The Hon'ble Tribunal may graciously be pleased further to direct the respondents to revise his existing PPO and Service Certificate (Annexure A-2) showing correct date of his appointment as on 27.1.1987 and pay his arrears of pay and settlement and pensionary dues on granting 3rd MACP on counting his in service departmental training relating to job w.e.f. 27.1.2017 and on revision of pension and other settlement dues etc. and after its re-calculation to pay 18% interest on all delayed settlement dues and pension & pay arrears accrued after allowing 3rd MACP and counting his full qualifying service w.e.f. 27.1.1987.
(iv) Any other suitable order or direction which the Hon’ble Tribunal may deem fit and proper in the circumstances of the case, be issued.
(v) Award the cost in favour of the applicant.”
2. Brief facts of this case as narrated in the O.A. are that the applicant was posted in the Civil Engineering Department at Plant Depot / Eastern Railway, Mughalsarai as an Apprentice Mech. / Charge-man in pay scale of Rs. 425.700 and had to undergo training on the same post for a period of two years pursuant to a provisional appointment letter dated 01.01.1987 issued by the SPO, E. Railway, Calcutta. As per Service Book of the applicant, date of appointment of the applicant was entered as on 27.1.1987 on top sheet of his Service Record. Requisite service training period to the job was completed from 27.1.1987 to 22.2.1988 and he was confirmed on this post i.e. Charge-man on 23.2.1988. Applicant was thereafter promoted as Section Engineer / TMC/ PD in the pay scale of Rs. 6500-200-10500 on 20.11.1996 and he was again promoted as Senior Section Engineer in the pay scale of Rs. 7450-225-11500 w.e.f. 15.2.2003 and his pay fixed on 1.2.2004 @ 7350/-. Pay scale in 6th Pay Commission was fixed in Grade Pay Rs.9300-34800 GP 4600 w.e.f. 1.1.2006 @ Rs. 21170/-. Benefit of 2nd MACP in GP 4800 was given w.e.f. 1.9.2008 and he was given next promotion as Senior Section Engineer w.e.f. 15.2.2003 and on 1.7.2012, his pay was increased and revised to Rs. 26810/- as
