A permanent employee holding a temporary post is entitled to the benefits of the MACP scheme, even if they have not been absorbed into a permanent post.

W.P.No.28516 of 2011

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.01.2023

CORAM

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU

W.P.No.28516 of 2011

and

W.M.P.No.13366 of 2017

S.Suganandam

.... Petitioner

vs

1. Director,

Railway Protection Force,

Railway Board, New Delhi

representing Union of India.

2. Chief Security Commissioner,

Railway Protection Force,

6th Floor, M.M.C.,

Chennai - 600 003.

.... Respondents

Writ Petition filed under Article 226 of the constitution of India to issue

a Writ of Certiorarified Mandamus to call for the records relating to Order

No.X/P.11/AA/Vol.II, dated 01.06.2011, passed by the 2nd respondent and

quash the same and to direct the respondents to grant 3rd Financial

Upgradation under MACP Scheme to the scale of Rs.9300-34800 with grade pay

of Rs.4200 w.e.f. 01.09.2008 with arrears of pay and allowances and all other

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W.P.No.28516 of 2011

consequential benefits.

For Petitioner

: Ms.V.Kavitha

For respondents

: Mr.M.Vijay Anand

Standing Counsel for R1 & R2.

O R D E R

This Writ Petition has filed to call for the records relating to Order

No.X/P.11/AA/Vol.II, dated 01.06.2011, passed by the 2nd respondent and

quash the same and to direct the respondents to grant 3rd Financial

Upgradation under MACP Scheme to the scale of Rs.9300-34800 with grade pay

of Rs.4200 w.e.f. 01.09.2008 with arrears of pay and allowances and all other

consequential benefits.

2. The learned counsel for the petitioner submitted that the petitioner

had entered into the service of the Railway Protection Force as Constable on

24.09.1970 and promoted to the post of Head Constable in the year 1983. By

order dated 29.05.2001 w.e.f. 25.04.2001, the petitioner was medically de-

categorised. Thereafter, he was posted against the supernumerary post. In

spite of de-categorisation, he has not been absorbed in any alternative post

despite several representations made by him to the respondents. The

petitioner had completed 30 years of service as on 20.05.2000 and therefore,

he was entitled for the 3rd Financial Upgradation pay with effect from

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W.P.No.28516 of 2011

01.09.2008. When all his juniors were given the benefit of the 3rd Financial

Upgradation, he was denied on the ground that he was medically de-

categorised staff. Thereafter, the petitioner superannuated from service w.e.f.

30.11.2010. Even after superannuation, he was not granted 3rd Financial

Upgradation. Therefore, he submitted a representation on 05.05.2011.

Subsequently, by order dated 01.06.2011, the second respondent rejected the

claim of the petitioner stating that the RPF has been exempted from the

purview of Section 47 of Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act, 1995. According to the

petitioner, the said order wholly suffers from illegality and therefore ,sought

interference of this Court. He would further submit that the Modified Assured

Career Progression Scheme (MACP) has extended to all employees under the

Respondents and it cannot be denied on the ground that the petitioner is a

medically de-categorised staff.

3. Per contra, Mr.M.Vijay Anand, learned standing counsel for the

respondents submitted that all efforts were taken by the Security Department

for absorption of the medically unfit staff by inducting the petitioner in an

alternative post. Persons who are kept in supernumerary posts may also apply

for suitable post, if found vacant. But the petitioner did not evince any

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W.P.No.28516 of 2011

interest. Only when MACP scheme was denied on account of his non

absorption, he has filed the present writ petition. As the petitioner was not

absorbed in the alternative cadre, he