CENTRAL ADMINISTRATIVE TRIBUNAL JODHPUR BENCH, JODHPUR Original Application No. 290/00086/2018 Misc Application No. 290/00060/2018 Pronounced on : 09.12.2025 Reserved on : 03.11.2025 CORAM HON’BLE Mr JUSTICE RAMESHWAR VYAS, MEMBER (J)

HON’BLE Dr AMIT SAHAI, MEMBER (A)

Bhagwan Singh S/o Shri Ram Prasad, Aged 61 years, R/o Village & Post Kurawata, Distt. Mahendragarh Rtd as Khalasi.

......Applicant By Advocate : Mr K.K. Shah.

Versus

1. Union of India through the General Manager, North Western Railway, Jaipur (Raj.).

2. The Chief Administrative Officer, North Western Railway, Jaipur (Raj).

3. The Dy. Chief Engineer (Construction), North Western Railway, Jaipur (Raj.).

4. Divisional Railway manager, North Western Railway, Bikaner.

......Respondents By Advocate : Mr Rameshwar Dave.

ORDER Per : Hon’ble Mr Justice Rameshwar Vyas In the instant OA, the applicant seeks direction against the respondents to consider him having been appointed as substitute on 06.04.1978 and then grant 1^st, 2^nd & 3^rd financial upgradation under Modified Assured Career Progression Scheme [MACPS], or, in alternate, prays for direction against the respondents to take 50% of his TS service which begins after completion of 120 days of continuous service, i.e. from 05.08.1978 in terms of provisions of grant of ACP/MACP.

2. The facts necessary to adjudicate this OA are as under:-

2.1 The applicant was initially engaged on 06.04.1978 by the respondent railway. He was granted Temporary Status (TS) w.e.f. 30.11.1983 and thereafter, he was regularized vide order dated 17.08.1989 (Annex. A/7). He superannuated on

31.10.2017.

2.2 It is the grievance of the applicant that in the last year of his service before retirement, after seeing his service book he came to know that he has not been given benefit of ACP/MACP from 06.04.1978 but given benefit from 30.11.1983 . He immediately approached the authorities to make necessary corrections in his service book. As per letter dated 29.06.2016 (Annex. A/3) which is an internal communication between Deputy Chief Engineer (Construction), NWR Banswara and Gangman w.e.f. 30.11.1983 which appears to be re-appointment as the office of Assistant Divisional Engineer Rewari paid the applicant CPC arrear of Rs 4501 vide AB NO. 225/RB dated 05.03.1993 & vide AB No. DC 163 dated 05.03.1993 for the period 06.04.1978 to 30.08.1983 as per CPC Gangman. As per internal communication dated 25.05.2016 (Annex. A/1) between the office of Chief Personnel Officer (Construction), NWR Jaipur and Deputy Chief Engineer (Construction), NWR Banswara, before granting TS to the applicant on 30.11.1983, he was daily wager and accordingly, he was granted benefits of 1^st and 2^nd financial upgradation w.e.f. 01.09.2008. After receipt of the above letter, the respondent No. 3 wrote a letter dated 18.11.2016 (Annex. A/4) to Sr. D.P.O., NWR Bikaner. As per this letter, the substitutes are allowed all the right and privileges as admissible to temporary Railway employees on completion of four months continuous service from the date of their appointment and TS service shall be counted towards the minimum service of 10, 20 and 30 years for MACP as per Railway Board’s letter No. P.C.IV/192 dated 25.02.2010. Since Sh. Bhagwan Singh was appointed as CPC w.e.f. 06.04.1978 hence he is due for temporary status w.e.f. 03.08.1978, i.e. after completion of four months continous service and thereafter he is eligible for counting his TS service as regular for next higher grade w.e.f. 03.08.1978. With the above observation, the respondent No. 3 requested the Sr. D.P.O., NWR Bikaner to issue revised order for granting temporary status as well as for

18.11.2016 (Annex. A/6), whereby, it is recommended that as per Railway Board letter dated 25.02.2010, 50% of TS service of casual labour and 100% TS service of substitute is to be included for the purpose of grant of benefits under MACPS.

2.3 It is the case of the applicant that he was appointed as substitute and not as casual labour. As per provisi