(Reserved on 09.02.2026)

Central Administrative Tribunal, Allahabad Original Application No.980 of 2013 Pronounced on this the 13th Day of February, 2026 Hon’ble Mr. Justice Om Prakash VII, Member (J)

Hon’ble Mr. Mohan Pyare, Member (A)

Surendra Pal, aged about 58 years, S/o Sri Shyam Lal, working under Senior Divisional Engineer, North Central Railway (Headquarter/works)

Firozabad, R/o Village- Khorava, Post-Ahan, District Aligarh (U.P.)

………..Applicant By Advocate: Shri Manoj Dhrubvanshi Versus

1- Union of India through General Manager, North Central Railway, Headquarter Office, Subedarganj, Allahabad.

2- Divisional Railway Manager, North Central Railway, Allahabad.

3- Senior Divisional Personnel Officer, North Central Railway, D.R.M.’s Office, Allahabad.

4- A.D.E.N. Headquarter (Works), N.C. Railway, Firozabad.

…Respondents By Advocate: Shri Bashisht Tiwari

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 quash the impugned order dated 21.03.2013 issued by respondents and direct the respondents to grant the benefits of all three (3) up-gradations under M.|A.C.P. Scheme as the applicant has already completed the 30 years of service.

(ii) The Hon’ble Tribunal may graciously be pleased to direct the respondents to pay arrears of the 1^st 2^nd and 3^rd upgradations from the date becomes due with interest.

(iii) any other writ or direction which the Hon’ble Tribunal deems fit and proper in the circumstances of the case.

(iv) Cost of the application may also be awarded in favour of the applicant. ”

2. Brief facts of this case are that the applicant was initially appointed as Casual Labour on 1.11.1977 and his Casual Card No. is 127604 since then he had worked 1696 days without any break under the control and supervision of the respondents. It is stated that after completion of continuous 120 days working, the applicant attained temporary status as per Para 2005 of Indian Railway Established Manual Volume-II (1990. Edu.) or Old Para 2511 of IREM Vol-II. The applicant was medically examined on 30.8.1984 and declared fit in BI for the post of Khalasi in the Grade of 196-232 and was posted against the Permanent Post of Helper Khalasi. The Railway Board issued instruction No. E (NG) II /71/GL/83 dated 11.5.1973 regarding status of Casual Labour with Temporary status. The Railway Board issued instruction No. E(NG) II /78/CL/12 dated 14.10.80 which provides the entitlements and privileges to the casual laborers. The respondents issued a letter No. E /13/ SCR ADEN/FZB/96 dated 02.02.2007 for regularization to the applicant as helper in the grade Rs. 196-232 w.e.f. 20.8.1992 according to a panel No. 154 which was made already on 30.8 1992. The Government of India introduced and implemented the VI Pay Commission Report and benefits of the same were given to all Central Government Employees including Railway Employees. The Ministry of Railways (Railway Board) introduced Modified Assured Career Progress Scheme (MACPS) on 10.6.2009, which stipulates that Railway Employees would get 3 up-gradation after completion of 10 years, 20 years and 30 years of Regular Service. The applicant has claimed that he is entitled for 3rd up-gradation as has already completed more than 30 years of service, therefore, he sent a representation to the authorities for grant of up-gradation under MACPS on 16.04.2012 through registered post but no response was made. When the respondents did not make any response then the applicant sent a reminder to the respondents on 13.09.2012. The Railway Board again issued letter No. UP-V/ 2009/ ACP / 2 dated 4.12.2009 which provides that 50% of temporary status casual labour service on absorption in regular employment may be taken into account towards the minimum service of 10, 20 and 30 years of service for the grant of benefit under M.A.C.P.S. on the analogy. Being