Central Administrative Tribunal - Cuttack
Mahendra Kumar Behera vs East Coast Railway on 17 December, 2025
1 O.A.No. 260/00273 of 2023
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK
O.A.No. 260/00273 of 2023
Reserved on 16.12.2025 Pronounced on 17.12.2025
CORAM:
THE HON'BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON'BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
Mahendra Kumar Behera, aged about 65, S/o-Late
Daitary Behera, Ex-Sr. Section Officer Accounts. In the
office of the PFA, ECOR, Rail Sadan,
Chandrasekharpur, Bhubaneswar-751017. Permanent
Address At-Biju Nagar, Patia Station Road Plot No.-
544/1981, Sub Plot No.-1 Po-KIIT S.O., Bhubaneswar-
751024, Dist-Khurda.
......Applicant
VERSUS
1. Union of India represented through It's Chairman
and CEO, Railway Board, Rail Bhavan, NewDelhi-
110001.
2. GM, ECOR, At-Rail Sadan, Po-Mancheswar
Railway Colony, Chandrasekharpur,
Bhubaneswar-751017.
3. PCPO, ECOR, At-Rail Sadan, Po-Mancheswar
Railway Colony, Chandrasekharpur,
Bhubaneswar-751017.
4. PFA, ECOR, At-Rail Sadan, Po-Mancheswar
Railway Colony, Chandrasekharpur,
Bhubaneswar-751017.
5. Dy. FA&CAO(G) in the office of PFA, ECoR, At Rail
Sadan, PO-Mancheswar Railway Colony,
Chandrasekharpur, Bhubaneswar-751017.
......Respondents
For the applicant : Mr. T.Rath, Counsel
RAVI KUMAR
2025.12.17
09:46:31 +05'30'
2 O.A.No. 260/00273 of 2023
For the respondents : Mr. A.Mishra, Counsel
O R D E R
PRAMOD KUMAR DAS, MEMBER (A):
It is the case of the applicant that on 31.01.1983, he was appointed as Accounts Clerk, Grade-I/JAA in pay Scale of Rs. 330- 560/-, corresponding of which the pay was fixed at Rs. 1,200- 2,040/- (RPS 1986) and on restructuring of cadre, the said scale of pay of Rs 1200-2040/- was revised to Rs. 1,400-2,600/-. On 07.12.1987, he was promoted to SO in pay scale of Rs. 1,640- 2,900/- (4th CPC). Thereafter, he was promoted to Sr. SO in the functional pay scale of Rs. 6500-10500/- (RPS 1996) on 15.09.1992. The pay scale of Rs. 6,500-9000/- was replaced to Rs. 7450-11,500/- in the year 2003 w.e.f. 01.01.1996. The said pay scale was revised to Rs. 9,300-34,800/- with GP Rs. 4800/- in PB-II w.e.f. 01.01.2006 on the recommendation of the 6th CPC. On 22.09.2008 vide RBE No. 124/2008, the cadre of SO and Sr. SO were merged together.
2. The Govt. of India, as a matter of policy, brought into field the beneficial scheme of MACP w.e.f. 01.09.2008, in place of ACP, RAVI KUMAR 2025.12.17 09:46:31 +05'30' 3 O.A.No. 260/00273 of 2023 providing inter alia grant of three financial upgradations on completion of 10, 20 and 30 years of regular service in case of stagnation of an employee, which was adopted and implemented in respect of railway employees vide RBE No. 101/2009 in which it was also provided that promotions earned/upgradations granted under ACP Scheme in the past to those grades which now carries the same grade pay due to merger of pay scales/upgradations of posts recommended by the 6th CPC shall be ignored for the purpose of granting upgradations under Modified ACPs. The applicant was granted 3rd financial upgradation to PB-II Rs. 9300-34,800/- (Level-9) GP Rs. 5400/- vide order dated 05.03.2010 w.e.f. 01.09.2008.
3. One similarly placed employee, namely Sri Parameswar Biswal working as SSO, (Accounts) in E.Co.Rly BBSR was denied the financial upgradation treating the replacement of scale on restructuring as promotion. He challenged the said action of the respondents before this Bench in OA No. 247/2014 and this Bench vide order dated 25.07.2016 directed the respondents to grant the applicant third financial upgradation under the MACP RAVI KUMAR 2025.12.17 09:46:31 +05'30' 4 O.A.No. 260/00273 of 2023 treating the restructuring of post in the pay scale of Rs. 1200- 2040/-, revised to 1400-2600/- as revision of pay due to restricting and not tantamounting to promotion in light of the decision of the coordinate Madras Bench of the Tribunal, which was upheld by the Hon'ble Apex Court. The respondent-railway challenged the said order of this bench before the Hon'ble High Court of Orissa in W.P(C) NO. 5898/2017, which was dismissed on 25.04.2018 and upheld by the Hon'ble Apex Court in SLP(C) No. 29243/2018 dated 30.03.2022. The applicant submitted representation on 15.11.2022 for treating grant of 3rd financial upgradation under MACP as 2nd financial upgradation and to grant him 3rd financial upgradation by treating revision of pay on restructuring as not a promotion. It is stated that since no consideration was given to said representation, he approached this Bench in OA No. 21/2023, which was disposed of on 19.01.2023 with direction to the respondents to consider and dispose of the representation. It is stated that the said representation was rejected by the Dy. FA & CAO (G), E.Co.Rly, BBSR vide order dated 10.05.2023 even though he was not RAVI KUMAR 2025.12.17 09:46:31 +05'30' 5 O.A.No. 260/00273 of 2023 competent to do so nor any such direction was issued by this Bench to deal with the representation of the applicant. It is stated that in the aforesaid circumstances, the applicant has filed this OA praying for the relief as under:
"(i) To quash the order at Annexure -A/14
(ii) Direct the Respondents to grant 3rd financial up gradation under the MACP scheme w.e.f. 31.01.2013 or from any other date as admissible under the MACP scheme by ignoring the so called promotion from JAA to AA and treat the so called 3rd financial up gradation granted under Annexure-A/8 as 2nd financial up gradation.
(iii) Direct the Respondents to revise the pay of the Applicant accordingly and grant all financial and other benefits including the arrear of pay as per law."
4. The applicant has also filed MA No. 371/2024 invoking Section 23 of the AT Act, 1985 to condone the delay in filing this OA belatedly. According to the applicant/Ld. Counsel for the applicant, when by judicial pronouncement it was held that replacement scale providing on restructuring cannot be treated as promotion thereby entitling financial upgradation by ignoring the replacement scale as promotion in successive cases, the respondents as a model employer ought to have granted the similar benefits to the applicant to eradicate the discrimination between one homogenous group of employees, as held by the RAVI KUMAR 2025.12.17 09:46:31 +05'30' 6 O.A.No. 260/00273 of 2023 Hon'ble Apex Court in the case of K.C.Sharma Vs UOI & Ors, AIR 1997 SUPREME COURT 3588, and the Hon'ble High Court of Orissa in UOI & Ors Vs Girish Chandra Kabat & Anr. in W.P(C) No. 13677/2018 dated 20.07.2022. It has also been stated that one Sri Sailendra Kumar Sahoo filed OA No. 379/2018 claiming financial upgradation under ACP after 18 years of his entitlement of the said benefits. This Bench vide order dated 17.03.2021 dismissed the matter on the ground of delay and latches, which was challenged by the applicant Sri Sailendra Kumar Sahoo before the Hon'ble High Court of Orissa in W.P.(C) No. 34591/2021 and the Hon'ble High Court of Orissa vide order dated 01.12.2022 quashed the order of this bench by observing that since the claim of the financial upgradation under ACP has already been adjudicated on merits in earlier decision against which SLP (C) No. 11040/2013 filed by the respondents was dismissed, there is no valid and justifiable reason on the part of the CAT, Cuttack Bench to reject the claim of the said petitioner on the ground of delay and latches. Hence, the applicant has prayed to condone the delay and direct the respondents to grant RAVI KUMAR 2025.12.17 09:46:31 +05'30' 7 O.A.No. 260/00273 of 2023 him the third financial upgradation as per the decision referred to above.
5. Respondents filed their counter opposing and contesting the case of the applicant, the sum and substance of which are that the claim of the applicant being hit by the law of limitation, this OA is liable to be dismissed and so far as merit of the matter is concerned, it is stated that the Hon'ble Apex Court without dealing with the merit of the matter, which decision cannot be treated as a binding precedence as held by the Hon'ble Apex Court in the case of State of Uttaranchal and another Vs Sri Shiv Charan Singh Bhandari and Ors., (2013) 12 SCC 179. According to them, since the decision was rendered by this Bench without considering the factual aspect of the matter in its proper spirit, the said decision cannot be applied in the present case and, therefore, on the face of the provisions, the applicant is not entitled to the relief claimed by him.
6. According to Ld. Counsel for the applicant, as to whether revision of pay on cadre restructuring shall be treated as promotion came up for consideration before CAT, Chennai Bench RAVI KUMAR 2025.12.17 09:46:31 +05'30' 8 O.A.No. 260/00273 of 2023 in OA No. 335/2007 (V.Venkatraman Vs UOI & Ors) and the Chennai Bench vide order dated 26.08.2008 held that revision of pay on restructuring of cadre cannot be treated as promotion and, accordingly, directed the respondent railway to grant the said applicant the financial upgradation under ACP Scheme w.e.f. 01.10.1999. The respondents department challenged the said order before the Hon'ble High Court of Madras in W.P(C) No. 21112/2009, which was dismissed on 19.10.2010 and upheld/confirmed by the Hon'ble Apex Court in Special Writ Petition (Civil) CC No. 9422/2011 dated 04.01.2012. The respondent railway implemented the aforesaid order granting the financial upgradation to Sri V.Venkatraman. By applying the ratio of the said decision, this Bench vide order dated 25.07.2016 also allowed OA No. 247/2014 by directing the respondents to grant the said applicant third financial upgradation under the MACP treating the restructuring of post in the pay scale of Rs. 1200-2040/-, revised to 1400-2600/- as revision of pay due to restricting and not tantamounting to promotion in light of the decision of the coordinate Madras Bench of the Tribunal, which RAVI KUMAR 2025.12.17 09:46:31 +05'30' 9 O.A.No. 260/00273 of 2023 was upheld by the Hon'ble Apex Court. The respondent-railway challenged the said order of this bench before the Hon'ble High Court of Orissa in W.P(C) No. 5898/2017, which was dismissed on 25.04.2018 and upheld by the Hon'ble Apex Court in SLP(C) No. 29243/2018 dated 30.03.2022. Ld. Counsel for the applicant has also stated that similar OA No. 381/2014 was filed by Sri Rabinarayan Satpathy, which was allowed by the Bench in the same line as in the earlier case and the respondents department having failed in W.P(C) No. 15109/2018 filed before the Hon'ble High Court of Orissa carried the matter to Hon'ble Apex Court in SLP (C) No. 8205/2023, which was also dismissed on 24.03.2023. Another OA No. 169/2014 (Raghunath Parida Vs UOI) was also allowed in similar way.
7. We have considered the submissions and perused the records.
8. Although we find the stand of the respondents that this OA suffers from delay and laches, but, on the face of the decision of the Hon'ble High Court of Orissa dated 01.12.2022 in W.P.(C) 34591/2021 (Sailendra Kumar Sahoo Vs UOI & Ors.) holding RAVI KUMAR 2025.12.17 09:46:31 +05'30' 10 O.A.No. 260/00273 of 2023 that since the issue has already been adjudicated on merit by the Hon'ble High Court and has been confirmed by the Hon'ble Apex Court, there is no justifiable reason on the part of the CAT, Cuttack Bench, Cuttack to reject the claim of the applicant on the ground delay and laches, the point of delay raised by the respondents is bound to fall to ground and accordingly the said point is overruled. Hence, MA No. 371/2024 stands allowed.
9. The whole issue arises for adjudication in this OA as to whether revision of the pay of Rs. 1200-2040/- to 1400-2600/- on restructuring of cadre is to be treated as promotion and would be offset against one financial upgradation under MACP. For answering/adjudicating the point, we do not see any ground to make much effort in view of the decision rendered by the CAT, Chennai Bench in OA No. 335/2007 (V.Venkatraman Vs UOI & Ors) dated 26.08.2008; which was upheld by the Hon'ble High Court of Madras vide order dated 19.10.2010 in W.P(C) No. 21112/2009; and, by the Hon'ble Apex Court in Special Writ Petition (Civil) CC No. 9422/2011 dated 04.01.2012. Subsequently, by this Bench in OA No. 247/2014 dated RAVI KUMAR 2025.12.17 09:46:31 +05'30' 11 O.A.No. 260/00273 of 2023 25.07.2016; upheld by the Hon'ble High Court of Orissa in W.P(C) NO. 5898/2017 dated 25.04.2018; and, by the Hon'ble Apex Court in SLP(C) No. 29243/2018 dated 30.03.2022. We have also noted that following the aforesaid decision, this Bench allowed OA No. 381/2014, which was upheld by the Hon'ble High Court of Orissa in W.P(C) No. 15109/2018 and by the Hon'ble Apex Court in SLP (C) No. 8205/2023 dated 24.03.2023. Similar OA No. 169/2014 (Raghunath Parida Vs UOI) was also allowed in similar way. In all the above decisions, the issue that revision of pay scale on cadre restructuring cannot be treated as promotion to offset against the financial upgradation under MACP has been affirmed and reaffirmed. In the circumstances stated above, the stand of the respondents that since the SLP was simply dismissed by the Hon'ble Apex Court without discussing the merit of the matter, the decision of the Madras Bench and of this Bench cannot have any effect does not sound to judicial appeal so as to take a different view in this matter.
RAVI KUMAR 2025.12.17 09:46:31 +05'30' 12 O.A.No. 260/00273 of 2023
10. At this stage, we may profitably note that if there is a judgment of the Hon'ble High Court on the point having territorial jurisdiction over this Tribunal, it would be binding, as has been held by the Full Bench of CAT (Principal Bench) in OA No.555/2001 in (Dr. A.K.Dawar v/s. Union of India &Ors.) which has been reiterated by the Full Bench by the Full Bench of CAT (Cuttack Bench) in No. O.A. 260/00169/2014 dated 19.10.2023 [Raghunath Parida, -Vs-Union of India & Ors].
11. The corollary of the discussions made above, we do not have any hesitation or iota of doubt to hold that upward revision of pay on cadre restructuring cannot be treated as promotion and, therefore, the order of rejection dated 10.05.2023 on the ground that the revision of pay on restructuring of cadre amounts to promotion and offset against one financial upgradation under MACP is liable to be quashed and is hereby quashed. Resultantly, the respondents are directed to consider grant of 3rd financial upgradation under MACP Scheme by treating the restructuring of pay scale of Rs. 1200-2040/- to 1400-2600/- as not a promotion, subject to fulfilling the other RAVI KUMAR 2025.12.17 09:46:31 +05'30' 13 O.A.No. 260/00273 of 2023 conditions by the applicant, stipulated in the MACP Scheme. In such an event, the applicant shall be entitled to the arrear salary and the consequential effect on his pension and pensionary benefits paid to him. The entire exercise shall be completed within a period of 180 days from the date of receipt of a copy of this order.
12. In the result, the OA stands allowed. No costs.
(Pramod Kumar Das) (Sudhi Ranjan Mishra)
Member (Admn.) Member (Judl.)
RK/PS
RAVI KUMAR
2025.12.17
09:46:31 +05'30'