O R D E R

Per Kumar Rajesh Chandra, A.M.:- This OA has been filed by the applicant seeking the following relief:-

(i) The letter dtd. 26.07.2016 issued by the Sr. DPO/EC Railway/Danapur, the respondent no. 4 rejecting the case of the applicant which is contained as Annexure-A/6 may be quashed and set aside.

(ii) The respondents may be directed that the benefits of MACP Scheme extended to the applicants also with effect from 01.09.2008 with all consequential benefits when the MACP scheme was made operational.

(iii) The respondent may be further directed to extend the benefit of the orders passed by the Ernakulam Bench, Allahabad Bench & Patna Bench to the applicant also.

(iv) Any other order/direction that may be considered deem fit and proper may be passed/issued in the facts and circumstances of the case.

(v) Cost of the proceeding may be awarded to the applicants.”

2. The facts of the case, as narrated by the applicant in this OA, has been discussed and delineated as follows:-

(i) The applicant was appointed to the post of Goods Guard Group-C. He joined on 04.01.1982 at Danapur on the said post in the pay scale of Rs. 330-560/-.

(ii) Consequent upon his promotion to the posts of Passengers Guard on 11.09.1992 (Annexure-A/1) his pay was revised and fixed from the pay scale of Rs. 1200-2040/- to the pay scale of Rs. 1350-2200/-. Thereafter, he was promoted to the post of Sr. Passenger Guard on 03.06.2002 and then to Mail Guard vide office order dated 25.08.2001 (Annexure-A/2).

(iii) It is submitted that consequent upon implementation of 5th pay revision, the pay of the applicant was revised and fixed from 1350-2200/- to 5000-9000/- and after implementation of 6th pay revision, his pay was again revised and fixed from pay scale of 5500-9000/- to the PB 9300-34800+ GP 4200 w.e.f. 01.01.2006.

(iv) According to the applicant though he was promoted from the post of Passenger Guard to Senior Passenger Guard and from Senior Passenger Guard to Mail Guard but his pay was not changed rather it remained same, i.e. pay scale of Rs. 5500/- which cannot be treated as promotion. It is contended by applicant that since the category of Passenger Guard (Rs. 5000-8000) and Senior Passenger Guard (Rs. 5500-9000) have been merged and allotted GP of Rs. 4200/- in PB-2 he is entitled to the benefit of GP 4600 and subsequently GP 4800 as has been given to his counter parts working under different Divisions of EC Railway, Hajipur.

(v) While referring to the ACP and MACP schemes, the applicant has submitted that in terms of Railway Board’s letter dated 10.06.2009 (Annexure-A/3), promotion from Senior Goods Guard to Passenger Guard has to be counted for the purpose of MACP scheme, whereas in terms of Para-5 of the said latter promotion from Passenger Guard to Senior Passenger Guard has to be ignored for MACP Scheme since both the categories have been merged. Since the pay scale of Senior Goods Guard and Passenger Guard was one and the same, i.e. Rs. 5000-8000, therefore movement from Senior Goods Guard to Passenger Guard is not at all a promotion but a lateral induction as has been held by the Allahabad Bench of CAT as well as Hon’ble High Court, Allahabad vide orders dated 01.02.2006 and 15.09.2006 respectively.

(vi) Being aggrieved, the applicant filed OA No. 239/2014 before this tribunal which was disposed of at the admission stage itself, without expressing any opinion on the merit of the case, with direction to the respondents to examine the case of the applicant, treating this OA as his representation and if the case is found to be similar to that in OA decided by CAT, Allahabad Bench as referred to above, then similar benefits be considered. If found admissible then it should be granted to the applicant of this OA. When the writ petition preferred by the Union of India was dismissed by the Hon’ble High Court in CWJC No. 4497 of 2015 on 19.05.2016 (Annexure-A/5), the respondent no. 4 issued a speaking order dated 26.07.2016 (Annexure-A/6) by