MACPS regular service commences from regular absorption post-training; prior promotions counted against financial upgradations; no entitlement if not stagnant after multiple promotions.

ORDER Per: Mr. Umesh Gajankush, Member (J)

The present original application has been filed by the applicant under section 19 of the Administrative Tribunal Act.1985 for seeking the following reliefs:

a) Rule be issued and recorded and proceedings be called for;

b) That the Hon’ble Tribunal be pleased to quash and set aside the order dated 31.03.2017.

c) That the Hon’ble Tribunal be pleased to direct the respondents to grant the benefit of 2nd financial upgradation under modified Assured Career Progression Scheme (MACPS) w.e.f. September, 2011 in Grade Pay of Rs. 4,800/- with all consequential benefits and further including yearly increases be pleased to direct the respondents to pay the arrears from September, 2011 to till date.

Mil A an lp h Ja a c n k s s o on DD3P6MRLDF 0b oo o iN ea i g l f7 cx saat 7: eai c t tns t daCa : 9 to Pi 9l lJo2 = 2C n y1 D an0 6 I : oN9 c s :2F 9I d c k i, 6 f g a e8es R O . n m = 0 o 41 e e= 4 4n0 a dP t. 0 e h d1 A 1ed1 b e e6 l2r7 p y r s a1 0 f8 h o V 7M u0 3ba n5 e t: ,d i nh2 lae r a S9s s o3 l7n, o4= i r : b o O 3 cM J o c n 7 8 aI f 5 : aD 6 + c t 6 2 h h3 0 .k2 0 a i8 5 s s 3. 2 r0 ' o5 3 a 4 d6 n. 0 sd4 . o9 4 h ' fA. c 91 6 . t 0 u l r6e p5a m 14 h=, 08 a e 0S80 n n 8E32 s t 1Rb o581IaA78 1L69 0N8a ea4Ufcd0M1a5 8Be7 458E8 bR48d=c2930 6 fd f89 7f205 dd7 41c c 83f b 9d8 64b bf0a 1fb 51f 8d6 bcf,4 , , P C ho N n = e= d) Any other or further order as to this Hon’ble Tribunal may deem fit and necessary in the facts and circumstances of the case be granted.

2. The brief facts of the case are that the applicant was appointed as Apprentice Mechanic in Parel workshop on

08.09.1993. Thereafter, absorbed as a chargeman “B” in the grade pay of Rs. 1,400/- to Rs. 2,300/- with effect from 08.09.1995. Vide office order No. 84/2001 dated 20.09.2001, the applicant came to be promoted and posted as Section Engineer (M.I.) In CME, CSMT, office in ex-cadre post in grade pay of Rs. 6500/- to Rs. 10,500/-. Further applicant was promoted as Sr. Section Engineer w.e.f. 26.03.2008. However, he was promoted in respect of the designation and same pay grade of Rs.4,600/-due to implementation of VIth Pay Commission and merger of Sr. Section Engineer and Section Engineer Post in one grade pay of Rs. 4,600/-. By virtue of Railway Board notification No. 101/2009 dated 10.06.2009, the recommendation of the Sixth Central Pay Commission as regards to Modified Assured Career Progression Scheme (MACPS) has been made applicable to the Railway Employees.

Mil A an lp h Ja a c n k s s o on DD3P6MRLDF 0b oo o iN ea i g l f7 cx saat 7: eai c t tns t daCa : 9 to Pi 9l lJo2 = 2C n y1 D an0 6 I : oN9 c s :2F 9I d c k i, 6 f g a e8es R O . n m = 0 o 41 e e= 4 4n0 a dP t. 0 e h d1 A 1ed1 b e e6 l2r7 p y r s a1 0 f8 h o V 7M u0 3ba n5 e t: ,d i nh2 lae r a S9s s o3 l7n, o4= i r : b o O 3 cM J o c n 7 8 aI f 5 : aD 6 + c t 6 2 h h3 0 .k2 0 a i8 5 s s 3. 2 r0 ' o5 3 a 4 d6 n. 0 sd4 . o9 4 h ' fA. c 91 6 . t 0 u l r6e p5a m 14 h=, 08 a e 0S80 n n 8E32 s t 1Rb o581IaA78 1L69 0N8a ea4Ufcd0M1a5 8Be7 458E8 bR48d=c2930 6 fd f89 7f205 dd7 41c c 83f b 9d8 64b bf0a 1fb 51f 8d6 bcf,4 , , P C ho N n = e= 3. On 29.12.2011, the Deputy Director, Pay Commission-V Railway Board by letter No. PC-V/ACP/2 dated 29.12.2011 has issued clarification as regard to grant of upgradation under MACP Scheme. It was clearly mentioned in the letter dated 29.12.2011 that “Financial upgradation under the Scheme is admissible wherever an employee has spent 10 years continuously in the same Grade Pay.” It was further mentioned and clarified that “the second financial upgradation on completion of 20 years’ service from the date of initial appointment, or 10 years from the date of 1st financial upgradation/promotion, whichever is earlier.”

4. By letter dated 03.10.2012, the applicant requested for implementation of MACPS w.e.f. September 2011 in favour of the applicant which was rejected by communicati