IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE SMT.JUSTICE T. MADHAVI DEVI WRIT PETITION No. 24693 of 2019 DATE: 23.03.2026 Between:

E. Basivi Reddy and 21 others ...Petitioners AND Union of India and 9 others.

…Respondents

ORDER

This Writ Petition is filed seeking a Writ of Mandamus declaring the proceedings No.2019/Sec(E)/PA(MACP)-2/205, dated 29.07.2019 issued by respondent No.3 in rejecting the cases of the petitioners for grant of financial upgradation under Modified Assured Career Progression Scheme (for short, “MACPS”) as illegal, arbitrary and unconstitutional and consequently to declare that the petitioners are entitled for financial upgradation under MACPS on completion of

10 years of service as Constables and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioners were appointed as Constables in the Railway Protection Special Force (RPSF) in the year 2006 by the Railway Board and were allotted to different battalions and posted at different stations. It is submitted that, after completion of five years of service in RPSF, the petitioners were entitled to get transferred to Railway Protection Force (RPF). It is further submitted that in the year 2013, the petitioners and others were directed to undergo pre-promotional training for promotion to the post of Head Constable and the petitioners submitted their unwillingness to undergo pre-promotional training on the ground of pendency of their requests for transfer to RPF. It is submitted that the petitioners were thereafter transferred to RPF in the month of August, 2013. It is submitted that the Government of India, Ministry of Railways, formulated a scheme known as MACPS for railway employees, providing financial upgradation to the next higher grade pay where employees, who are working continuously in the same cadre for 10/20/30 years of service. It is submitted that the petitioners are continuing in the post of Constables for more than 10 years and are eligible for the said benefit. The petitioners were due for financial upgradation under MACPS upon completion of 10 years of service as Constables, in the year 2016. It is stated that similarly placed persons were granted financial upgradation under MACPS, but the petitioners were not given the said benefit. Therefore, they made representations to the respondent authorities seeking grant of financial upgradation on par with their batchmates and juniors. However, their cases were rejected for grant of financial upgradation under MACPS by respondent No.3 vide letter dated 29.07.2019 on the ground that the petitioners had declined promotion when offered and therefore, it is not the case of stagnation in the same cadre and that they are not entitled to the benefit of MACPS in terms of Para 25 of MACPS. Challenging the said rejection order, the present Writ Petition has been filed.

3. Learned counsel appearing for the petitioners reiterated the submissions made in the writ affidavit and submitted that it was due to the circumstances of pendency of their requests for transfer to RPF that the petitioners had submitted unwillingness to go for pre- promotional training in the year 2013. Learned counsel for the petitioners further submitted that the petitioners were never again offered an opportunity to undergo pre-promotional training subsequent to their transfer to RPF. Learned counsel for the petitioners has drawn the attention of this Court to the information obtained by the petitioners under the Right to Information Act, 2005, to demonstrate that other persons in other zones, who had not undergone the pre-promotional training, were given the benefit of MACPS. He therefore submits that the petitioners are also entitled to be considered for grant of financial upgradation under MACPS upon completion of 10 years of service.

4. Sri M. Vijay Kumar Goud, learned Standing Counsel for Railways, on the other hand, relied upon the averments made i