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HIGH COURT OF KERALA
AMIT RAWAL, Easwaran S., JJ
UNION OF INDIA – Appellant
Versus
K.SHAJI GEORGE – Respondent
OP (CAT) 245/2016
MACP Scheme - Railway Employees - Transfer on Request - Financial Upgradation
Fact of the Case:
The applicant was appointed as a commercial clerk and applied for an inter-railway transfer to Trivandrum Division in 2000. His request was approved, and he joined Trivandrum Division on 28.03.2000. Upon joining the Trivandrum Division, the applicant was posted as a commercial clerk in the lower scale. When the applicant's pay was revised under the 6th Pay Commission, his grade pay was reduced, and he was denied the first financial upgradation under the MACP Scheme. The applicant approached the Central Administrative Tribunal, and the Union of India filed the present Original Petition against the Tribunal's order allowing the applicant's claim.
Finding of the Court:
The court found that the Railway Board's clarification dated 31.01.2013 specifically provides that the employee is entitled to count the promotion earned in the previous organization for the purpose of MACPS only in cases where the benefit of pay has been protected. Since the applicant's pay was not protected upon transfer, the Tribunal's conclusion that the applicant was entitled to the benefit of financial upgradation under the MACP Scheme was correct.
Issues: Whether a staff who was joined another unit/organization on request can claim the benefit of the MACP scheme or not.
Ratio Decidendi: The court held that the applicant was entitled to the benefit of financial upgradation under the MACP Scheme, as per the clarification issued by the Railway Board dated 31.01.2013, since his pay was not protected upon transfer.
Final Decision: The Original Petitions filed by the Union of India are dismissed.
Dated this the 03rd day of July, 2024 EASWARAN S., ( J) The common issue is raised in these two original petitions, the same are being considered together and disposed of. The facts in OP(CAT) No.197/2015 will be dealt with. The applicant was appointed as a commercial clerk. He applied for an inter railway transfer to Trivandrum Division as early as in 2000. During March 2007, the request was approved and he joined Trivandrum Division on 28.03.2000.
On 01.10.2005, the applicant was promoted as Senior Commercial Clerk. Upon joining the Trivandrum Division, the applicant was posted as a commercial clerk in the lower scale.
When the applicants’ pay was revised in terms of 6th pay commission structure, his grade pay was reduced and accordingly, was denied the first financial upgradation which led to the representation being filed before the authority. The representation was rejected which caused the applicant to approach the Central Administrative Tribunal.
2. The petitioners/respondents before the Tribunal resisted the claim stating that after getting promotion as Senior Commercial Clerk respondent-applicant sought unilateral transfer and hence, would be entitled to claim second and third financial upgradation, once on completion of 20/30 years of service in the organization. The applicant filed a rejoinder and respondents filed additional reply statement.
3. The Tribunal on analysis of the rival contentions raised across it, came to the conclusion that the respondents were entitled to succeed and the Original Application was allowed. Aggrieved by the order, allowing the Original Application, the petitioner- Union of India have approached this Court in the present Original Petition.
4. We have heard the learned counsel for the parties and perused the original petition and the documents annexed along with it.
5. The learned counsel for the petitioners contented that the finding of the Tribunal that the applicant has not carried any financial benefit of promotion is per se erroneous and unsustainable. According to the learned counsel for the petitioners, the applicant is entitled for the second financial upgradation on completion of twenty years of service as his case is transfer from higher grade to lower grade.
6. According to him, paragraph 24 of the MACP Scheme does not talk about the first financial upgradation and only the second and third financial upgradations. He would further rely on the judgment of Division Bench of this Court in O.P (CAT).No.3336/2013 dated 28.10.2013 in which, the matter was remanded back to the Tribunal for de novo consideration with regard to the interpretation of the MACP Scheme insofar as the present application before the Tribunal was considered. Therefore, it is the specific case of the petitioners that the present order was passed without reckoning the exact spirit of the judgment rendered by the Division Bench in Ext. P7
7. We have considered the rival submissions raised across the Bar.
8. The point which falls for consideration is as to “whether a staff who was joined another unit/organization on request can claim the benefit of the MACP scheme or not”. It is pertinent to note that the Railway Board letter R.B.E.No.8/2013 dated 31.01.2013 specifically provides that the employee is entitled to count the promotion earned in the previous organization for the purpose of MACPS only in cases were the benefit of pay has been protected. The Circular dated 31.01.2013 is extracted as below:-
2009 regarding the Modified Assured Career Progression Scheme (MACPS) to Railway employees. Pursuant to the discussion
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