Central Administrative Tribunal - Mumbai
Roshanlal C Kataria vs M/O Railways on 8 February, 2024
Chl
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAT BENCH, MUMBAT.
Original Application No.750/2016
Date of Decision: Of & 2s Loky
x
Mr. Roshanilal ¢ Kataria sae Applicant
(Advocate Shri Ulhas Shinde)
VERSUS
Union of India & 6 Ors. coe Respondents
(Advocate Shri RR. Shetty)
CORAM: Hon'ble Mrs. Harvinder Kaur Oberei, MEMBER (7)
Hon'ble Mr. Shri Krishna, Member (A)
wks To be referred to the reporter or not?
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{Harvtider Kaur Oberoi)
* Member 7}
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1 OA No.7 80/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAL
ORIGINAL APPLICATION No.750/2016
Date this Thursday the 08" day of February, 2024
CORAM: Ms. Harvinder Kaur Oberoi, Member (J)
Mr. Shri Krishna, Member (A)
Mr, Roshanilal C Kataria,
Age 60 years, Occupation-retired.
Riat C-6,/203, 2" Floor, Saket Complex,
Thane (W), Thane 400 601. _ w. Applicant
(By Advocate Shri Uthas Shinde)
VERSUS
I. Union of India,
Through the General Manager,
Personnel Branch, Central Rarway,
Mumbai CST~ 400001.
Chief Personal Officer,
Central Railway, Headquarter,
CST, Mumbai 400 001.
3
Be
Dy. Chief Personnel Officer,
Central Railway, Headquarter,
CST, Mumbai 400 001,
4. The Divisional Railway Manager,
Personal Branch, Central Railway, CSTM,
. Mumbai 460 001.
5. Sr. Divisional Personnel Officer,
DRM's Office, Central Railway,
CST, Mumbai Division .
Mumbai 400 O01.
aus
Risemnel
LAMA
bo
G4 Noe. 7802016
Asst. Personnel Officer (Shed)
Central t Raibvay, CST, Mumbai Divison
Mumbai - 460 001,
a
Sr. Divisional Electrical Engineer,
'fraction Rolling Stock, EMU Carshed,
EMU Carshed, Central Railway,
Kalva, Dist Thane 400 601, vee Respondents
(By Advocate Shri R.R. Shetty)
ORDER
Per: Ms. Harvinder Oberoi, Member (3 ApoLLcant has filed this lenging BnOW-Cause notice dated A, 2015 and final order dated 12:5 Ap whereby respondents have decided A ye one a Y Ny f ~ aes Graw Second MACP in GP 4800 (granted te icant is that the applicant, who retire pean z @ notice dated 13° April 2016 and Ll order cated ing pecuniary loss in pension and reco Gone from the pension of the applicant.
ad on Od No.750/2016 avy hea she rereaki my { i I aer-dk ' ngin fq on ton act her he was promoted as 45 Ae Saas, 4 ue co per s atter « MLMAMUM t Hence, MMLSSLON OF getting as TOoak .
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(2) in terms of para 23 of REE No fGH/2008, dated 10.06.2009 after regular pramation has been offered but refused by the employee before becoming entitled to financial upgradation under MACP Scheme, no financial uperadation shall be allowed as the employee will not he treated as stagnated due to lack of opportunities, You got your promotion as SE in GP 4600 from /4.3.1987 Gvithin 3 years from appointment), promoted as AEE (Group B) on 710.2005 in GP 4800/-, which was your secand promotion and thus there was not stagnated due to lack of opportunites. .
Also though you have completed 20 years of service on 15.02.2002, the MACP was intraduced vide Railway Board's letter dated £0.06,.2009 and it was effective fram 01.09.2008. Therefore, the second financial upgradation granted to vou by the Division wef 01.09.2008 is to be withdrawn as you were promoted as Group B Officer and then reverted after I year as per your OWN PEQUESE, _ (3) However in terms of para 28(B) & (C) of Board's letter dated 10.06.2009 ibid you are eligible for grant of 3° financial upgradation under MACP Scheme wef 15.02.2012 'on completion of 30 years of service from the date of regular appointment, which has already been given fo you.
in view of the above observations srade COLLIS ll 7 O4 No. 7530/2018 bv CPO'BB office, grant of benefit of 2™ financial upgradation to you under MACP Seheme wef Of.09.2008 is withdrawn and consequently the financial benefits given toa you under the scheme are proposed fo be recovered from you.
You are hereby advised to show cause to this office within 7 days of receipt of this shew ease fotice as fo why amount paid to you being the benefit under 2" financial upgradation wef 01.09.2008 tll grant of 3" financial upgradation under MACPS ie. 14.02.2013, should not be recovered from your final settlement dues. | Please take note that showld you fail to submit your explanation to his office within 7 days af receipt of this notice by you, it would be presumed that you have no explanation to submit and accardingly this office shall take necessary steps to effect the proposed recovery from your gh Final settlement dues."
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3. The yvespondents at the outset that the applicant seems to be allegedly aggrieved on account of the order dated pension account of the Applicant on account of excess salary and allowances paid to Aim on erroneous grant of and & 3rd Financial upgradation to the applicant under MACP scheme w.e.f. 01.09.2008. He further seeks.
CH "yy 2% As o * ¢ 24 Years service in Feb. quashing of the recovery Respondents. It is submitted that Applicant cam ~ "~ = - 4 x Le ay 4 earlisr approached the Trib "oe reat * or mn of 2012. Ene sAicd OA came mS {7343 y fe hs oN 25/8/2014, permitting recove Applicant was not ys Sia ' .
financial us antitied ber completion of 2006 and further ordered by the 3 " oT gradation under MACE K +8 ye fam DY iS as under:
Date Grade 15/03/86 Appointed as Apprentice Paid stipend d during training 1S/O2/82 Regular Posting as TE-1 5000-8600 had "DUOUSS 'Promoted as JE-] 3300-9000 1aVvoa/87 Promoted as Section Engineer 6500-10500 01/03/93 Promoted as Senior Section Engine ser 7480-11500 4 a the oul a ey y ph ch OA No FiG2016 gx defpost are the Te as Tecom Nae + mos ey, fd / ee peer) :
wn AG Gi ~ ; . 4 i ce 0 i "h od "a fos ct ee G od a C a z Oh a a Co ra)
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'he f ne < wa i} oy f * 'G. <f OAN et ot q OTR ee pr the sy the we 4 + or) fa ES ® cs 3 2.2 = 8 (2) Loe 5 as © a4 o y oan merged al 7 Nae Lr =9 Les g Ns uth LOM x of rCrOoMmet bo baal grade pay the LY + 7 OA No.750/2016 granted only one promotion for the purpose of mbing financial upgradation under revised x schame. Para 25 of RBE No.i01/2009, dated promotion hes been offered but was refused by financial upara lec' shall As See on yt ~~ wy wt. documents availlabie on amployee before becoming entitled to a ation, no financial upgradation oh.
be allowed as such an employee has not gpportunities. As such action of the We have heard the learned counsel the parties and have perused the pleadings Wh
a) Cy Oo ba GL fm) *, ant --o < Jee most RE' s for the post of Assistant tyical Engineer provide as under:
"By prontotion: 70% by premotion through selection and 30% by promotion through Limited Departmental Competitive Examination. Promotion; (a) 70% of the vacancies shall be filled by promotion through selection (which shall include a written test, vive-voce and assessment of record of ees.
i2 GA No. 7 30/2016 service) of the non-ministerial Group 'C' staff of the Electrical Engineering Department holding the post in level-6 (Rs. 35,400-1,12,400) and above in the pay matrix with three years regular service in level 6 and above in the pay matrix. Note.- Where juniors who have completed their qualifying or eligibility service are being considered for promotion, their seniors would also be considered provided they are not short of the requisite qualifying or eligibility service by more than half of such qualifving or eligibility service or two years whichever is less, and have successfilly completed their probation period for promotion to the next higher grade alone with their juniors who have already completed such qualifving or eligibility service. (0) 30% of the vacancies shall be filled through a Limited Departmental Conmetitive Examination (which shall include a written test. viva-voce and assessment af record of service) apen ta all non ministerial Group 'C' staff of the Electrical Engineering Department holding the past in ievel 6 (Rs. 33,400-1,12,400) and above in the pay matrix with five years regular service in level 6 and above in the pay matrix.
iz. A briet Show that YOR of the TA LOS Vacancies fans New at would are to be filled tion and the balance OA No. 7502016 font Rigo tad ra GO ct oe ms o ae 8} ky On ob te to OQ 4 o Meaning thereby that emant of Selection is there in both routes for oromotion. Selection is a recognized promotion, acquired by selection, whether under muota shall amount to refus sal fox. the purpose of MACP Scheme. Moreso, as in the present case the applicant had Joined on the post, worked for sometime and then reversionfrepatriation. Applicant was omotion to the post of AEE (Group 8B) rey he G erroneously grante ard and «=. 88s Elnancial aa "Ae ~ ss -. Yt Q ae EN te upgradation w.e.f. gis September, 2Z008,the the applicant was not entitled to the said
13. tn view of the above, finding no . aed i Yon Nm SF "3 Stacn.a 2 toy : 3 merit, the OA is dismissed. Pending MAs, Lf 75 > N a OA 14 Of2016 0.3 > LoOsea.
| en f a eed " ai wrt 5 Q
- i i md a o wy oo ad o on ' c a te a (Harvinder Kaur Oberoi) \ Member (J) a ina) ;
* a, i aca need = 8 doles ts Bey 4 Ries, & 3 = (Ss of SS aia ay s Py eh Ae 43 BSS of PANN SHATTOOL AD Tee