IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR WEDNESDAY, THE 29^TH DAY OF JANUARY 2025 / 9TH MAGHA, 1946 OP (CAT) NO. 41 OF 2018 AGAINST THE ORDER DATED IN OA NO.9 OF 2015 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH PETITIONERS/RESPONDENTS IN THE OA:

1 UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI- 600 003.

2 SENIOR DIVISIONAL PERSONNEL OFFICER SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM-695 014.

BY ADV SRI.DINESH CHERUKAT, SC, RAILWAYS RESPONDENT/APPLICANT IN THE OA:

M.K.SREEKUMAR S/O.SANKARA VARRIER, ENQUIRY-CUM-RESERVATION SUPERVISOR,GRADE-I, ERNAKULAM RAILWAY STATION, RESIDING AT : H.NO.30/1993-B, NANDANAM, R.R.ROAD, PONNURUNNI EAST, VYTTILA, KOCHI- 682 019.

BY ADV SRI.MARTIN G.THOTTAN THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 29.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

K. V. JAYAKUMAR, J The short question involved in this case is whether, a staff who has joined another unit/organization on request can claim the benefit of MACP Scheme or not?.

2. The above question was considered by a Division Bench of this Court, in which, one of us is a member [Justice Amit Rawal] in Union of India v. Jiju Varghese [OP(CAT) No.197/2015 dated 03.07.2024]. The relevant paragraphs of the said judgment are extracted hereunder:

“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:-

GOVERNMENT OF INDIA (भा(cid:2)रत सरका(cid:2)र)

MINISTRY OF RAILWAYS (र(cid:7)ल मं(cid:10)ቔኋ(cid:2)लय )

RAILWAY BOARD (र(cid:7)लवे(cid:7) बो(cid:15)्ቑ(cid:17))

S. No. PC-VI/313 No. PC-V/2009/ACP/2 RBE No.08/2013 New Delhi, dated 31/01/2013 The General Managers All Indian Railways & PUs (As per mailing list)

Subject:-Modified ACP Scheme (MACPS) for Railway employees -clarification-regarding.

Reference is invited to the Board's letter of even number dated

10-06-2009 regarding the Modified Assured Career Progression Scheme (MACPS) to Railway employees. Pursuant to the discussions in the meeting of National Advisory Committee held on 17-07-12 and subsequent meeting on 27-07-2012 held with the Staff Side and in continuation to clarifications issued vide Board's letter of even number dated 28-12-2010, it is further clarified as under:-

2(1). Financial upgradation under MACPS in the case of staff who joined another unit/organization on request.

Railway Board's letter of even number dated 28-12-2010 provides that in case of transfer' including unilateral transfer on request', regular service rendered in previous organization/office shall be counted along with the regular service in the new organization/office for the purpose of getting financial upgradations under the MACP Scheme. However, financial upgradation under the MACP Scheme shall be allowed in the immediate next higher grade pay in the hierarchy of revised Pay Bands as given in Railway Services (Revised Pay) Rules, 2008. It is now further clarified that wherever an official, in accordance with terms and conditions of transfer on own volition to a lower post, is reverted to the lower Post/Grade from the promoted Post/Grade before being relieved for the new organization/office, such past promotion in the previous organization/office will be ignored for the purpose of MACP Scheme in the new organization/office. In respect of those cases where benefit of pay protection have been allowed at the time of unilateral transfer to other organization/unit and thus the employee had carried the financ