Central Administrative Tribunal - Ernakulam
Rajan Nainan vs The General Manager Southern Railway ... on 28 August, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A.No.180/00533/2021
Thursday, this the 28th day of August, 2025
CORAM:
HON'BLE Mr. JUSTICE K.HARIPAL, JUDICIAL MEMBER
HON'BLE Mrs. V.RAMA MATHEW, ADMINISTRATIVE MEMBER
Rajan Ninan, Aged 62 years, S/o. K.K. Ninan, (Retired Station Manager,
Southern Railway, Kottayam) Residing at Kalathil, Vadavathur P.O.,
Kottayam-686010.
- Applicant
[By Advocate: Mr. Martin G Thottan]
Versus
1. Union of India represented by the General Manager,
Southern Railway, Park Town P.O., Chennai-600003.
2. The Senior Divisional Personnel Officer, Southern Railway
Trivandrum Division, Trivandrum-14.
3. The Senior Divisional Finance Manager, Southern Railway
Trivandrum Division, Trivandrum-14
- Respondents
[By Advocate: Ms.Thanuja Roshan George]
The application having been heard on 25.07.2025, the Tribunal on
28.08.2025 delivered the following order:
ORDER
Justice K.Haripal, Judicial Member Applicant is a former Station Master of Southern Railway, who retired from service on superannuation on 31.03.2019. He had started his career as 2025.08.28 DEEPA S 17:08:13 +05'30' O.A.No.533/2021 2 Assistant Station Master. While working in the scale of Rs.1200-2040 with effect from 01.01.1986, he applied for the post of Traffic Apprentice and was directly appointed as such, in the cadre of Station Master, and was regularly absorbed as Deputy Station Superintendent in the scale of Rs.1600-2660 in level-6 with grade pay of Rs.4,200/- with effect from 24.09.1990. He was promoted as Station Master-I in the scale of Rs.2000-3200 in level-7 with grade pay of Rs.4,600/- with effect from 08.12.1995 as per Annexure-A1 order. Under Annexure-A2, on implementing the cadre restructuring scheme, he was promoted to the scale of Rs.7450-11500 with effect from 01.11.2003. Under Annexure-A3 he was placed in grade pay of Rs.4,800/- with effect from 01.09.2008. Now, after the retirement of the applicant, the Railway Board issued Annexure-A4 stating that promotion from the post of ASM with grade pay of Rs.2,800/- to SM with grade pay of Rs.4,200/- may not be reckoned for the purpose of MACPs and the benefits of MACP ignoring promotion from ASM to SM shall be admissible with effect from 16.02.2018. On the basis of Annexure-A4 he is entitled for 3rd MACP with grade pay of Rs.5,400/- with effect from 16.02.2018. For granting 3 rd MACP on the basis of Annexure-A4 order with effect from the subsequent date prior to his retirement he approached this Tribunal with O.A.54/2020. During the pendency of the O.A. 2025.08.28 DEEPA S 17:08:13 +05'30' O.A.No.533/2021 3 Annexure-A5 order was issued granting him 3 rd MACP at level-9 with grade pay of Rs.5,400/- with effect from 01.09.2018. But, according to him, by virtue of Annexure-A4 he is entitled to get financial upgradation with grade pay of Rs.5,400/- effective from 16.02.2018 instead of 01.09.2018. He wants Annexure-A5 to be modified accordingly. So, he seeks to quash Annexure-A5 to the extent denying him financial upgradation to the grade pay of Rs.5,400/- with effect from 16.02.2018, for a declaration that he is entitled to be placed in grade pay of Rs.5,400/- at level-9 with effect from 16.02.2018 with all attendant benefits.
2. According to the applicant, in terms of the Railway Board Order RBE 93/2016 dated 02.08.2016, the revised pay structure of ASM has been revised from grade pay Rs.2800 to grade pay Rs.4200 with effect from 01.01.2016. Consequently, ASM in grade pay of Rs.2800/- as on 31.12.2015 were placed in grade pay Rs.4200/- with effect from 01.01.2016. New recruits from 01.01.2016 are appointed in grade pay of Rs.4200/-. All of them are assured of grade pay 4600, 4800 and 5400 as first, second and third MACP respectively. But, seniors in grade pay of Rs.4200, 4600 or 4800 as on 31.12.2015 are denied all that benefits. Annexure-A4 was issued for removing the anomaly.
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3. Respondents filed reply denying the contentions. Referring to
Annexure-R1 representation submitted on 25.09.2018, Annexure-A5 order was passed granting him 3rd MACP at level-9 with grade pay of Rs.5400/- with effect from 01.09.2018. As stated by him, he had filed O.A.454/2020. He was granted 3rd MACP effective from 01.09.2018 after he had completed 10 years of service after obtaining 2nd MACP on 01.09.2018.
4. According to the respondents, grounds under paragraphs 5A and 5B are misconstrued. Annexure-A4 has been misunderstood with regard to its contents. The cut off date of 16.02.2018 is to ignore the promotion earned from Assistant Station Master to Station Master, thereafter, there can be no promotion from ASM to SM and for the purpose of granting MACP benefits the promotions earned from ASM to SM is to be ignored. The applicant has misunderstood that financial upgradation should be granted irrespective of their eligibility either on completion of 10 years from the date of one's regular promotion or financial upgradation on completion of stipulated years.
5. Further, it is submitted that paragraphs 28(b) of RBE No.10/2009 stipulates that if two promotions are earned before completion of 20 years, the 3rd financial upgradation will be admissible only on completion of 10 years of service from the date of 2 nd promotion or at the 30th year of service, 2025.08.28 DEEPA S 17:08:13 +05'30' O.A.No.533/2021 5 whichever is earlier. Applicant's service started with effect from 31.03.1989, the date on which he was absorbed as Traffic Apprentice. He had completed 30 years of service on 31.03.2019. Since he had completed 10 years of service on 01.09.2018 after obtaining 2 nd financial upgradation in 2008, he was granted 3rd MACP with grade pay of Rs.5400/- with effect from 01.09.2018, which cannot be called in question.
6. In his rejoinder the applicant reiterated that in terms of Annexure-A4 he is entitled to get the benefits of 3rd MACP from 16.02.2018.
7. We heard Sri.Martin G Thottan, learned counsel for the applicant and Smt.Thanuja Roshan George, the learned Standing Counsel for the respondents.
8. Learned counsel for the applicant also placed before us copy of orders of this Tribunal in O.A.Nos.392/2015, 1126/2012 and the judgment in OP(CAT)3915/2013.
9. Though the applicant had started his career in the Southern Railway as early as in 1983, the service prior to appointment as Traffic Apprentice on 31.03.1989 need not be reckoned for the present purpose since it was a direct recruitment. It is evident from Annexure-A1 that while holding the scale of Rs.1600-2660, on 08.11.1995 he was promoted, effective 2025.08.28 DEEPA S 17:08:13 +05'30' O.A.No.533/2021 6 from 08.12.1995. That was his first promotion. Thereafter, on cadre restructuring, as per Annexure-A2 he was promoted from substantive pay of Rs.8100 to Rs.8350 from 01.11.2003, that was a promotion to the post of Station Superintendent. Annexure-A3 indicates that he was granted 3 rd MACP, hiking his grade pay of Rs.4600/- to Rs.4800/- from 01.09.2008.
10. In this connection, Annexure-R1 representation submitted by the applicant is very important, which reads thus:
"Kottayam 25-09-2018 From, Rajan Ninan SMR KTYM J\T 1850 PF no. 05451085 To, Sr DPO TVC Thro: Proper Channel Sir, Sub: Granting of III MACP (GP 5400/-) with effect from 01-09-2018 Ref: I. MACP scheme communicated under RB No. 101/2009 dated 10-06-2009 II. Rly Board letter No. V/2009, ACP/2 dated 29-12-2011 While working as ASM in scale 425-640 in PGT Divn I got selected as Traffic Apprentice in scale 1400-2300 against direct recruitment quota through RRB/MAS and after two years training I was appointed as AYM/PGT, Yard control cell in 1400-2300 (corresponding to GP 4200) on 31-03-1989.
While so I got selected as Traffic Apprentice in scale 1600-2660 (corresponding to GP 4200) against 10% departmental quota and 2025.08.28 DEEPA S 17:08:13 +05'30' O.A.No.533/2021 7 posted as DYSS/TCR in TVCDivn with effect from 24-09-1990.
I was promoted as SM/I/KUMM in scale 2000-3200 (corresponding GP 4600) with effect from 08-12-1995. Further I was promoted as SMR in scale 7450-11500 (GP 4600) at ERS and later transferred as TI/KTYM in the same grade.
Further I was granted MACP GP 4800 with effect from 01-09-2008 as per office order NO. T.10/2010/SMs dated 22-02-2010. lam due for retirement on 31-03-2019. I feel that I am entitled for grant of GP 5400 with effect from 01-09-2018 for the following reasons.
1. I invite your kind attention to Ref I MACP scheme particularly Para 1,2,5,9 and 28. Having entered in the direct entry grade of GP 4200 as Traffic Apprentice through RRB on 31-03-1989. I am entitled to have GP 4600(Ist MACP), GP 4800 (IInd MACP) and GP 5400 (IIIrd MACP) as assured in Para 1.
2. Granting of GP 4200 on 24-09-1990 for the second time and granting of GP 4600 for the second time on 01-11- 2003 shall be ignored in terms of para 5.
3. The illustration under para 28 read with Ref II letter make it clear that on completion of 10 years from 01-09-2008 I am entitled for GP 5400 with effect from 01-09-2018.
4. As per Para 1 of Ref I MACP scheme, I am assured of three financial upgradations in my career, having entered directly in GP 4200 on 31-03-1989. I am entitled for GP 4600, GP 4800 and GP 5400. Therefore my request for granting of GP 5400 is just, lawful and necessary. Kindly pass appropriate order before my retirement.
Copy Sr DOM/TVC Thanking you Yours faithfully Sd/-
Rajan Ninan"
11. Accordingly, by Annexure-A5 he has been granted 3 rd MACP at level-9 with grade pay of Rs.5400/- from 01.09.2018 with the following rider:
2025.08.28 DEEPA S 17:08:13 +05'30' O.A.No.533/2021 8 "In terms of RBE No.26/2020 dated 25.02.2020 the promotions /reversion and MACP already granted in the merged scales of ASM (GP-2800 Level-5) and SM-III in (GP 4200 Level-6) are ignored as on 16.02.2018 and the 3rd promotion already granted is now treated as 2nd MACP in (Level-8/GP-4800) and now he is eligible for 3 rd MACP in PM level 9 (GP 5400) w.e.f. 01.09.2018 vide RBE No.26/2020 dated 25.02.2020."
12. Now, the applicant, in the light of Annexure-A4 wants the date of grant of 3rd MACP advanced to 16.02.2018 instead of 01.09.2018.
13. It is appropriate to extract full text of Annexure-A4 as below:
"Sub:-Grant of financial upgradation under MACPS to Station Masters.
Arising out of the decision to upgrade Assistant Station Masters in GP 2800 to GP 4200 and merge them with the post of Station Masters in GP 4200 communicated vide Note 2 of Annexure B of Board's letter dated 02-8-2016 (RBE No. 93/2016), the issue of ignoring promotion from ASM (GP 2800) to SM (GP 4200) for the purpose of MACPS has been under Board's consideration. This issue has also been raised by AIRF in PNM forum as item No. 5/2018 and NFIR as item No. 15/2017.
The matter has been considered by the Board in terms of para 5 of Annexure to DOP&T's OM dated 22-10-2019 circulated vide Board's letter dated 04-2-2020 (RBE No. 16/2020) and it has been decided that promotion from the post of ASM (GP 2800) to SM (GP 4200) may not be reckoned for the purpose of MACPS. As the 2025.08.28 DEEPA S 17:08:13 +05'30' O.A.No.533/2021 9 necessary amendment in the recruitment provisions for Station Masters has been notified vide Board's letter dated 16-2-2018 (RBE No. 22/2018), the benefit of MACPS ignoring promotion from ASM to SM shall be admissible w.e.f. 16-2-2018."
That means, in order to get the benefit of 3 rd MACP from 16.02.2018, he should have been granted 2nd MACP on or before 16.02.2008. Here, in the case of the applicant, the date 16.02.2018 has no importance.
14. After evaluating the circumstances and having regard to the personal profile of the applicant, such a claim, in our view, is unjust and arbitrary. As noticed earlier, he was granted first promotion under Annexure- A1 which was effected on 08.12.1995. Then he was promoted under Annexure-A2 from 01.11.2003. Initially, he was granted 3 rd MACP, effective from 01.09.2008. On his representation, it has been taken as the 2 nd MACP and Annexure-A5 has been issued truly in terms of Annexure-R1 representation submitted by the applicant granting him financial upgradation with grade pay of Rs.5400/- with effect from 01.09.2018, reckoning 10 years from 01.09.2008. It is truly in terms of the MACP scheme.
15. Annexures-A1 and A2 are promotions granting higher responsibilities and he must have been given the benefits of fixation also. After his appointment as Traffic Apprentice on 31.03.1989, he has secured 2025.08.28 DEEPA S 17:08:13 +05'30' O.A.No.533/2021 10 four financial upgradations, first under Annexure-A1 whereunder he was promoted from Rs.1900 to Rs.2000 on 08.11.1995, which became effective from 08.12.1995. The second promotion was under Annexure-A2 whereunder his salary was raised from Rs.8100 to Rs.8350 on 01.11.2003. Then under Annexure-A3 he has been granted 3rd MACP raising grade pay from Rs.4600 to 4800 effective from 01.09.2008. Now, under Annexure-A5, that has been treated as 2nd MACP and he has been granted 3rd MACP from 01.09.2018 granting pay of Rs.87,800/- at level-9 with grade pay of Rs.5,400/-.
16. That means, he has never stagnated at any stage. There is nothing to interfere with Annexure-A5. After 1989, he has never held a post drawing grade pay of Rs.2,800/-
Applicant is not entitled to get the benefit under Annexure-A4 since he had started as Traffic Apprentice in the scale of Rs.4200/-. The Original Application is bereft of merits and is dismissed.
(Dated, this the 28th August, 2025)
V.RAMA MATHEW JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
ds
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List of Annexures
Annexure A1: True copy of the O.O. No.T 46/95/SM dated 08-11-1995
Annexure A2: True extract copy of the Office order No. T.58/2004/SMs
dated 30-9-2004
Annexure A3: True copy of the office order No.T.10/2010/SMs dated
22.02.2010
Annexure A4: True copy of the RBE No.26/2020 dated 25.02.2020
Annexure A5: True copy of the Office order No.02/2021/SS/SM dated
14.01.2021 issued by the second respondent Annexure A6: A true copy of the RBE letter No.101/2009 dated 10.06.2009 Annexure-R1: True copy of the representation dated 25.09.2018 submitted by the applicant.
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