Central Administrative Tribunal - Madras
V Suresh Babu vs M/O Railways on 13 June, 2019
1 OA 1309/2012 to OA 1314/2012
Central Administrative Tribunal
Madras Bench
OA/310/01309/2012, OA/310/01310/2012, OA/310/01311/2012,
OA/310/01312/2012, OA/310/01313/2012 & OA/310/01314/2012,
Dated 13th day of June Two Thousand Nineteen
PRESENT
Hon'ble Mr. P.Madhavan, Member(J)
&
Hon'ble Mr.T.Jacob, Member(A)
OA 1309/2012
V.Suresh Babu,
S/o A.K.Venkatesan,
No.52, Shankar Nagar, 7th Cross Street,
Near Chinn Amman Koil Street,
Avadi, Chennai 600 052. .. Applicant
By Advocate M/s G.Rajan
Vs.
1. Union of India,
Southern Railway, rep. by
Deputy Chief Engineer,
Engineering Workshop,
Southern Railway,
Arakonam.
2. Southern Railway, rep by
Cheif Personnel Officer,
Southern Railway,
Head Quarters,
Chennai 600 003.
3. Southern Railway, rep by
Financial Adviser & Chief Accounts Officer (Stores & Workshops),
Southern Railway, Perambur,
Chennai.
4. Southern Railway, rep by
The General Manager,
Southern Railway,
Chennai-3. .. Respondents
By Advocate Mr.A.Abdul Ajees
2 OA 1309/2012 to OA 1314/2012
OA 1310 /2012
S.D.Raghavan,
S/o S.V.Dhamodaran,
No.6, 4th Street, Sathiyavanimuthu Nagar,
A N Kandigai,
Arakkonam 631 002. .. Applicant
By Advocate M/s.G.Rajan
Vs.
1. Union of India,
Southern Railway rep by
Deputy Chief Engineer,
Engineering Workshop,
Southern Railway,
Arakonam.
2. Southern Railway, rep by
Chief Personnel Officer,
Southern Railway,
Head Quarters,
Chennai 600 003.
3. Southern Railway, rep by
Financial Adviser & Chief Accounts Officer (Stores & Workshops),
Southern Railway, Perambur,
Chennai.
4. Southern Railway, rep by
The General Manager,
Southern Railway,
Chennai-3. .. Respondents
By Advocate Mr.A.Abdul Ajees
OA 1311 /2012
S.Madhu
S/o V.Sundaram,
No.67/1, Head Constable Kuppusamy Street,
Stuartpet, Arakkonam 631 001. .. Applicant
By Advocate M/s.G.Rajan
Vs.
1. Union of India,
Southern Railway rep by
Deputy Chief Engineer,
3 OA 1309/2012 to OA 1314/2012
Engineering Workshop,
Southern Railway,
Arakonam.
2. Southern Railway, rep by
Chief Personnel Officer,
Southern Railway,
Head Quarters,
Chennai 600 003.
3. Southern Railway, rep by
Financial Adviser & Chief Accounts Officer (Stores & Workshops),
Southern Railway, Perambur,
Chennai.
4. Southern Railway, rep by
The General Manager,
Southern Railway,
Chennai-3. .. Respondents
By Advocate Mr.A.Abdul Ajees
OA 1312 /2012
S.Mathiazhagan,
S/o C.Sengodan,
Flat No.3/3, Shriram Flats, (TNHB),
Athipet Main Road, Ambattur Industiral Estate,
Chennai 600 058. .. Applicant
By Advocate M/s.G.Rajan
Vs.
1. Union of India
Southern Railway rep by
Deputy Chief Engineer,
Engineering Workshop,
Southern Railway,
Arakonam.
2. Southern Railway, rep by
Chief Personnel Officer,
Southern Railway,
Head Quarters,
Chennai 600 003.
3. Southern Railway, rep by
Financial Adviser & Chief Accounts Officer (Stores & Workshops),
Southern Railway, Perambur,
Chennai.
4. Southern Railway, rep by
4 OA 1309/2012 to OA 1314/2012
The General Manager,
Southern Railway,
Chennai-3. .. Respondents
By Advocate Mr.A.Abdul Ajees
OA 1313 /2012
T.S.Anbalagan,
S/o T.R.Subramanian,
39/28, Subramaniya Nagar Main Road,
Chennai 600 011. .. Applicant
By Advocate M/s.G.Rajan
Vs.
1. Union of India
Southern Railway rep by
Deputy Chief Engineer,
Engineering Workshop,
Southern Railway,
Arakonam.
2. Southern Railway, rep by
Chief Personnel Officer,
Southern Railway,
Head Quarters,
Chennai 600 003.
3. Southern Railway, rep by
Financial Adviser & Chief Accounts Officer (Stores & Workshops),
Southern Railway, Perambur,
Chennai.
4. Southern Railway, rep by
The General Manager,
Southern Railway,
Chennai-3. .. Respondents
By Advocate Mr.A.Abdul Ajees
OA 1314 /2012
I.Velu,
S/o Iyaakannu,
No.37/143, PJN Street,
Sholingur Road,
Arakkonam 631 001. .. Applicant
By Advocate Mr.G.Rajan
Vs.
5 OA 1309/2012 to OA 1314/2012
1. Union of India
Southern Railway rep by
Deputy Chief Engineer,
Engineering Workshop,
Southern Railway,
Arakonam.
2. Southern Railway, rep by
Chief Personnel Officer,
Southern Railway,
Head Quarters,
Chennai 600 003.
3. Southern Railway, rep by
Financial Adviser & Chief Accounts Officer (Stores & Workshops),
Southern Railway, Perambur,
Chennai.
4. Southern Railway, rep by
The General Manager,
Southern Railway,
Chennai-3. .. Respondents
By Advocate Mr.A.Abdul Ajees
6 OA 1309/2012 to OA 1314/2012
ORDER
[Pronounced by Hon'ble Mr.P.Madhavan, Member(J)] The above OAs were filed seeking the following relief:-
OA 1309/2012:
".....to set aside and quash the impugned order No.P/EWS/535/MACP dated 18.9.2012 and pass such other order as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
OA 1310 /2012:
".....to set aside and quash the impugned order No.P/EWS/535/MACP dated 18.9.2012 and pass such other order as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
OA 1311 /2012:
".....to set aside and quash the impugned order No.P/EWS/535/MACP dated 18.9.2012 and pass such other order as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
OA 1312 /2012:
".....to set aside and quash the impugned order No.P/EWS/535/MACP dated 18.9.2012 and pass such other order as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
OA 1313 /2012:
".....to set aside and quash the impugned order No.P/EWS/535/MACP dated 18.9.2012 and pass such other order as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
OA 1314 /2012:
7 OA 1309/2012 to OA 1314/2012
".....to set aside and quash the impugned order No.P/EWS/535/MACP dated 18.9.2012 and pass such other order as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
2. Since the relief sought and the issues raised therein are of a similar nature, these OAs are taken up together and disposed of by this common order.
3. The applicants' case is that the Ministry of Railways has issued a Circular RBE No.101/2009 dated 10.6.2009 implementing the Modified Assured Career Progression Scheme (MACPS) recommended by the 6 th Central Pay Commission (CPC). The applicants entered the railway service as Charge Man B on various dates and the respondents had granted two MACPS to all of them. The respondents had also granted 3rd MACPS to the applicants on 10.6.09 as per Annexure A2. On 17.4.2012 the respondents had issued a show cause notice as (Annexure A5) to explain why the 3rd financial upgradation given to the applicants should not be withdrawn as it was erroneously given. The applicants gave their representations stating that they are entitled to get the 3 rd MACP. But the 3rd MACP granted was withdrawn as per OM dated 18.9.12 (Annexure A7).The respondents filed a detailed statement. According to them, the applicants were given IInd MACP w.e.f. the date of implementation of the MACP i.e. 01.9.2008. The applicants has to complete 10 years service from 01.9.08 for getting the 3rd MACP i.e. w.e.f. 01.9.2018. The 3rd MACP was given mistakenly adding 20 years from the date of initial appointment which the applicants are not entitled to get. The applicants has neither completed 10 8 OA 1309/2012 to OA 1314/2012 years in the grade pay nor completed 30 years from the date of initial appointment.
4. We have heard the counsels appearing on both sides and perused the pleadings and annexures. There is no dispute for both sides upto the granting of IInd MACP w.e.f. 01.9.08. The only dispute is whether the applicants are entitled to get 3 rd MACP as given as per order dated 10.6.02. If we go through Annexure A2 and A3 order, it can be seen that all the applicants were given II and III MACP w.e.f. 01.9.08 and various dates in 2010 without considering the fact that applicants had not completed 30 years from the date of entry into service or they have continued in the same grade pay for 10 years without promotion. The applicants were admittedly promoted before completing first 10 years and it was counted as the first MACP. They were granted II MACP simultaneously in this case as per Annexure A2 and A3 as follows:-
Sl. Name Desig. Date of Present I/II/II Upgraded MACP No. S/Shri/Smt entry into payband I Pay band & w.e.f.
regular &Grade MAC Grade Pay
service Pay P
Rs.
1 V.P.Premkumar SSE 19.08.75 9300- II&III 9300- 01/09/08
34800+4 34800+4800
600 &5400
2 T.S.Anbalagan SSE[C 19.11.82 9300- II&III 9300- 01/09/08
WSI/ 34800+4 34800+4800
MAS] 600 &5400
3 S.D.Raghavan SSE(S 25.4.81 9300- II 9300- 01/09/08
afety) 34800+4 34800+4800
600
4 I.Velu SSE 27.7.81 9300- II 9300- 01/09/08
34800+4 34800+4800
600
9 OA 1309/2012 to OA 1314/2012
5 S.Madhu SSE 05/07/85 9300- II 9300- 01/09/08
34800+4 34800+4800
600
6 S.Mathiazhagan SSE 29.9.83 9300- II 9300- 01/09/08
34800+4 34800+4800
600
7 T.Vijayakumar SSE 09/10/91 9300- I 9300- 10908
34800+4 34800+4800
600
8 M.Govindaraju SSE 05/01/84 9300- II 9300- 01/09/08
34800+4 34800+4800
600
9 G.Mani SSE 10/02/83 9300- 9300- 01/09/08
34800+4 34800+4800
600
10 P.Sivaiah SSE 20.06.90 9300- I 9300- 01/09/08
34800+4 34800+4800
600
11 C.Kurunathan SSE 20.09.84 9300- II 9300- 01/09/08
34800+4 34800+4800
600
12 K.R.Ravichandr SSE[C 22.11.90 9300- II 9300- 01/09/08
an WSI/ 34800+4 34800+4800
MAS] 600
13 K.Prabhu SSE 18.02.83 9300- II 9300- 01/09/08
34800+4 34800+4800
600
14 R.Balaguruswa SSE 09/03/83 9300- II 9300- 01/09/08
my 34800+4 34800+4800
600
15 K.C.Rajendran SSE 20.09.84 9300- II 9300- 01/09/08
34800+4 34800+4800
600
16 B.Srinivasan SSE 20.09.84 9300- II 9300- 01/09/08
34800+4 34800+4800
600
17 G.Palani SE 05/12/90 9300- II 9300- 01/09/08
34800+4 34800+4800
600
10 OA 1309/2012 to OA 1314/2012
18 K.Nagarajan SE 05/12/90 9300- II 9300- 01/09/08
34800+4 34800+4800
600
19 S.Sundar Raj SE 27.02.91 9300- II 9300- 01/09/08
34800+4 34800+4800
600
20 B.Ram Kumar SE 17.11.90 9300- II 9300- 01/09/08
34800+4 34800+4800
600
21 R.Rajabanduren SE 05/08/91 9300- II 9300- 01/09/08
gan 34800+4 34800+4800
600
22 G.Ravichandran SE 22.10.92 9300- II 9300- 01/09/08
34800+4 34800+4800
600
23 A.Monagurunat JE/I 15.07.99 9300- III 9300- 15.07.09
han 34800+4 34800+4600
200
Sl. Name Design Date of Present pay I/II Upgraded MACPS
No. S/Shri entry into band & GP /III pay band & w.e.f.
regular GP
service
1 S.Mathiazhagan SSE 29.09.83 9300- III 9300- 06/07/10
34800+4800 34800+5400
2 S.D.Raghavan SSE 25.4.81 9300- III 9300- 06/07/10
34800+4800 34800+5400
3 I.Velu SSE 27.7.81 9300- III 9300- 06/07/10
34800+4800 34800+5400
4 V.Sureshbabu SSE 24.08.81 9300- III 9300- 28.6.10
34800+4800 34800+5400
5 P.Sivaiah Then 20.6.90 9300- III 9300- 20.06.10
SSE 34800+4800 34800+5400
AYM/
EWS
6 S.Madhu SSE 05/07/85 9300- III 9300- 06/07/10
34800+4800 34800+5400
11 OA 1309/2012 to OA 1314/2012
7 S.Jaisankar JE 30.10.00 9300- III 9300- 30.10.10
34800+4200 34800+4600
8 T.A.Nallamuthu JE 13.11.00 9300- III 9300- 13.11.10
34800+4200 34800+4600
5. As per the scheme, there will be 3 financial upgradation counted from the direct entry grade on completion of 10, 20 and 30 years of service. This financial upgradation under the scheme will be admissible whenever an employee has spent 10 years continuously in the same grade pay. Eventhough the counsel for the applicants would content that applicants are entitled to get 3rd MACP also w.e.f. 01.9.08, they could not give an explanation as to how they became eligible for 3 rd financial upgradation in the year 01.9.08. The respondents had clearly shown that 3 rd MACPS was granted before the completion of 30 years or completion of 10 years after 2 nd MACP was given. We find merit in the argument of the respondents. So, the relief claimed cannot be granted. It is clear that the OAs are misconceived and it does not have any merit.
6. In the result, the OAs will stand dismissed with cost. The interim order of stay granted on 20.11.12 will stand vacated forthwith.
(T.Jacob) (P.Madhavan)
Member(A) Member(J)
13.06.2019
/G/