Pay scale revision on cadre restructuring does not count as promotion for ACP/MACP financial upgradation; grant after 12 years service ignoring it, delay condoned per settled precedents.

O R D E R

SUDHI RANJAN MISHRA, MEMBER (J):

1.It is the case of the applicant that on 04.08.1986, he was appointed as Accounts Clerk(AC/JAA), Grade-I in pay Scale of Rs. 330-560/-, corresponding of which the pay was fixed at Rs. 1,200- 2,040/- (RPS 1986) and on restructuring of cadre, the said scale of pay of Rs 1200-2040/- was revised to Rs. 1,400-2,600/- w.e.f. 04.08.1989. On 04.08.1989, he was promoted from Jr. Accounts Assistant (JAA) to Accounts Assistant(AA) in pay scale of Rs. 1,400-2,600/- (RPS 1986). It is submitted by the applicant that the pay scale of Rs. 1,400-2,600/- (RPS 1986) was revised scale of pay of Rs.5500-9000 in (RPS 1996), which was revised to Pay Band 2, Pay Scale of Rs.9300- 34800 with GP OF Rs.4200 (RSP 2006). It is further submitted that in terms of the Scheme of RBE No.233/1999 applicant having completed 12 years of service as on 04.08.1998, he ought to have been granted the benefits of the above Scheme w.e.f. the date of the Scheme came into operation i.e. w.e.f. 01.10.1999. But, as the respondents considered the up-gradation of the post of JAA to AA as a promotion therefore the benefit accrued under the ACP Scheme was not extended to him in time. In the meantime, the Railway Board vide RBE No.101/2009(A/5) adopted MACP Scheme, which was implemented vide order dated 08.02.2010 (A/6) and applicant got it w.e.f. 01.09.2008 in PB-2, of Rs.9300 - 34,800, with GP of Rs.4600/-.

2. It is submitted by the applicant that after implementation of the 6th CPC recommendation the cadre of Section Officer in Accounts Department in the Pay Band/pay scale of Rs. 6,500-10500/- was merged with Rs. 7450-11,500/-. The said pay scale was revised to Rs. 9,300-34,800/- with GP Rs. 4800/- in PB-II w.e.f. 01.01.2006 on the recommendation of the 6th CPC. It is submitted by the applicant that after implementation of the MACP Scheme, applicant was granted 2nd MACP in the pay scale of Rs.9300-34,800, in PB-2, G.P of Rs.4600/- w.e.f. 01.09.2008 by counting the restructuring of cadre as promotion from JAA to AA. It is further submitted that the applicant was then granted 3rd MACP in the pay scale of Rs.9300- 34,800, G.P of Rs.4800/- w.e.f. 04.08.2009 vide Office order dated 13.04.2010(A/7). In the mean time, the Respondents vide order dated 01.11.2016 (A/8) cancelled the order of 3rd MACP up-gradation of the applicant on the ground that he had completed 30 years of service as on 04.08.2016 and thereafter he was granted 3rd MACP w.e.f. 04.08.2016 and over payment on account of the MACP granted was to be recovered. Challenging the above order dated 01.11.2016 (A/8) applicant filed O.A. No.578/2022 before this Tribunal which is pending for consideration.

3. It is further submitted by the learned counsel for the applicant that one similarly placed employee, namely Sri Parameswar Biswal working as SSO, (Accounts) in E.Co.Rly BBSR was denied the financial upgradation treating the replacement of scale on restructuring as promotion. He challenged the said action of the respondents before this Bench in OA No. 247/2014 and this Bench vide order dated 25.07.2016 directed the respondents to grant the applicant third financial upgradation under the MACP treating the restructuring of post in the pay scale of Rs. 1200-2040/-, revised to 1400-2600/- as revision of pay due to restricting and not tantamounting to promotion in light of the decision of the coordinate Madras Bench of the Tribunal, which was upheld by the Hon’ble Apex Court. The Respondents challenged the same before the Hon'ble High Court of Orissa in W.P. (C) No 5898/2017, which was dismissed on 16.05.2019 as against which the Respondents filed SLP No 29243/2018, which