CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH KOLKATA No.O.A.350/564/2024 Date of Hearing: 28.10.2025 Date of Order : 11.12.2025 Present : Hon’ble Mrs. Urmita Datta Sen, Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member Subrata Bag, Son of Chittaranjan Bag, working As Senior Section Engineer, PW/Adra under S.E.

Railway, P.B.-2, residing at Maa Sharada Apartment, Subhas Pally, Burnpur, Asansol, District-Paschim Bardhaman, Pin-713325 ………Applicant - V E R S U S –

1. Union of India, represented through the General Manager, South Eastern Railway, 11, Garden Reach Road, Kolkata, West Bengal, Pin – 700043;

2. The Chief Personnel Officer, South Eastern Railway, 11, Garden Reach Road, Kolkata, West Bengal, Pin – 700043;

3. The Senior Divisional Personnel Officer, Divisional Railway Manager Office (DRM Building), South Eastern Railway, Adra Division, P.O. Adra, District-Purulia, West Bengal-723121;

………Respondents For the applicant : Mr. R. Deb Goyenka, Counsel Mr. Arpa Chakraborty, Counsel For the respondents : Mr. G.K. Das, counsel

O R D E R

Urmita Datta Sen, Judicial Member The applicant has preferred this O.A. seeking the following reliefs:-

“i) Directing the respondent authorities and each one of them their men, agents, assigns and subordinates to cancel and/or set-aside the Speaking Order dated 19.03.2024 issued by the Sr. Divisional Personnel Officer (Adra), South Eastern Railway;

ii) Directing the respondent authorities and each one of them their men, agents, assigns and subordinates to cancel and/or set aside the corrigendum dated 17.10.2023 issued by the Sr. Divisional Personnel Officer(Adra);

iii) Directing the respondents to reinstate the grade pay level of the applicant from grade pay level 8 to grade pay level 9 and/Or not to deduct any amount from salary of the applicant herein on the ground of recovery of excess payment;

iv) Directing the respondent authorities to refund the amount deducted on the ground of recovery of excess payment in the case of the applicant herein; v) Directing the respondents to restore the earlier basic pay and give increment to the applicant herein from the actual date of increment that is from 1^st January, 2024;

v) Such further and/or other order or orders be passed and/or direction or directions be given, as to this Hon’ble Tribunal may deem fit and proper.”

2. The case of the applicant as tersely put forth by the Learned Counsel for the applicant are as follows:-

a) The applicant was initially appointed under the respondents as Trainee Apprentice Permanent Way Mistry on temporary basis on 22.12.1989 (Annexure A/1) in the pay scale of Rs.1400-2300. He was regularized in the post of Mistry (Permanent Way) w.e.f. 01.07.1991. The applicant on being successful in the examination conducted at ZTC/SINI for promotion of JE(II) Permanent Way vide Office Order dated 28.01.2002 (Annexure A/2) was transferred and posted as JE(II)P. Way/IBL under SSE (PW)-East/Adra on promotion.

b) The Government of India, Ministry of Personnel, Public Grievances and Pension (Department of Personnel and Training)

introduced Modified Assured Career Progression (hereinafter referred to as MACP) Schemes for Central Government Civilian Employees vide Office Memorandum dated 19.05.2009. This Scheme was introduced in supersession of ACP Scheme and classifications issued thereunder for all Group A,B and C Central Government Civilian employees except organized Group A employees. Thereafter an Office Memorandum dated 09.09.2010 was issued by the DOP&T, wherein it was clearly mentioned that MACPS should be strictly implemented as per the earlier O.M. issued by DoP&T on 19.05.2009. As per recommendation of VIth Central Pay Commission, the MACP Scheme was implemented w.e.f. 01.09.2008 and financial upgradation in PB-2 with Grade Pay of Rs.4600/- was given to the applicant with corresponding GP of Rs.4200 as his entry grade.

c) The Government of India, Ministry of Railways introduced the category of Senior Permanent Way Supervisor