Central Administrative Tribunal - Allahabad
Nihal Singh vs General Manager N C Rly on 7 August, 2025
O.A./1183/2012
(Reserved on 01.08.2025)
Central Administrative Tribunal, Allahabad
Original Application No.1183 of 2012
th
Pronounced on this the 07 Day of August, 2025.
Hon'ble Mr. Justice Om Prakash VII, Member (J)
Hon'ble Mr. Mohan Pyare, Member (A)
1. Níhal Singh aged about 47 years, Son of Sri Har Prasad, Helper
Khalasi, posted under Inspector of Works (1), North Central Railway,
Tundla.
2. Rajveer aged about 56 years, Son of Sukhram, Helper Khalasi, posted
under Inspector of Works (1), North Central Railway, Tundla.
3. Ramesh Chandra aged about 54 years, Son of Bhudeo, Helper
Khalasi, posted under Inspector of Works (1), North Central Railway,
Tundla.
4. Jai Dayal aged about 49 years, Son of Munshi Lal, Safaiwala, posted
under Inspector of Works (1), North Central Railway, Tundla.
5. Munshi Charan aged about 52 years, Son of Munshi Lal, Safaiwala,
posted under Inspector of Works (1), North Central Railway, Tundla.
6. Ranjeet Singh aged about 59 years, Son of Shyam Lal, Painter,
posted under Inspector of Works (1), North Central Railway, Tundla.
7. Ashok Kumar aged about 55 years, Son of Netrapal, Helper Khalasi,
posted under Inspector of Works (1), North Central Railway, Tundla.
8. Siya Ram aged about 56 years, Son of Sumer, Helper Khalasi, posted
under Inspector of Works (1), North Central Railway, Tundla.
9. Balvir Singh aged about 58 years, Son of Lal Singh, Helper Khalasi,
posted under Inspector of Works (1), North Central Railway, Tundla.
10. Mahendra Singh aged about 59 years, Son of Nawal Singh, Helper
Khalasi, posted under Inspector of Works (I), North Central Railway,
Tundla.
11. Murari aged about 58 years, Son of Kalyan, Helper Khalasi, posted
under Inspector of Works (1), North Central Railway, Tundla.
12. Mihi Lal aged about 55 years, Son of Basdeo, Helper Khalasi,
posted under Inspector of Works (1), North Central Railway, Tundla.
13. Sudama aged about 59 years, Son of Punni, Helper Khalasi, posted
under Inspector of Works (I), North Central Railway, Tundla.
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14. Netrapal aged about 53 years, Son of Jadav Singh, Helper Khalasi,
posted under Inspector of Works (1), North Central Railway, Tundla.
15. Bangali Babu aged about 58 years, Son of Shyam Lal, Black Smith,
posted under Inspector of Works (I), North Central Railway, Tundla.
16. Om Prakash aged about 55 years, Son of Basdeo, Fitter, posted
under Inspector of Works (II), North Central Railway, Tundla.
17. Than Singh aged about 53 years, Son of Darav Singh, Trackman,
posted under Inspector of Works (II), North Central Railway, Tundla.
18. Om Prakash aged about 54 years, Son of Betal, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
19. Jagdeesh Prasad aged about 59 years, Son of Roopram, Helper
Khalasi, posted under Inspector of Works (I), North Central Railway,
Tundla.
20. Raj Kumar aged about 57 years, Son of Jagdeesh, Painter, posted
under Inspector of Works (II), North Central Railway, Tundla.
21. Raj Kumar aged about 55 years, Son of Sudarshan Lal, Fitter,
posted under Inspector of Works (II), North Central Railway, Tundla.
22. Jagdeesh Prasad aged about 59 years, Son of Gyan Singh, Helper
Khalasi, posted under Inspector of Works (II), North Central Railway,
Tundla.
23. Rajan Singh aged about 54 years, Son of Nahar Singh, Helper
Khalasi, posted under Inspector of Works (II), North Central Railway,
Tundla.
24. Prem Shanker aged about 55 years, Son of Jagram, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
25. Hari Shanker aged about 59 years, Son of Tularam, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
26. Krishna Pal aged about 56 years, Son of Foran Singh, Helper
Khalasi, posted under Inspector of Works (II), North Central Railway,
Tundla.
27. Kripal aged about 56 years, Son of Munshi, Helper Khalasi, posted
under Inspector of Works (II), North Central Railway, Tundla.
28. Satish Chand aged about 59 years, Son of Tahsildar, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
29. Foran Singh aged about 58 years, Son of Bhagwati Prasad, Helper
Khalasi, Helper Khalasi, posted under Inspector of Works (I), North
Central Railway, Tundla.
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30. Bankey Lal aged about 56 years, Son of Moti Ram, Mali, posted
under Inspector of Works (II), North Central Railway, Tundla.
31. Ram Gopal aged about 55 years, Son of Nathi Lal, Helper Khalasi,
posted under Inspector of Works (1), North Central Railway, Tundla.
32. Sobran Singh aged about 55 years, Son of Pokhiram, Helper
Khalasi, posted under Inspector of Works (II), North Central Railway,
Tundla.
33. Tek Chand aged about 54 years, Son of Bhadai, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
34. Sadi Lal aged about 57 years, Son of Chahat Rai, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
35. Om Prakash aged about 60 years, Son of Nathi Lal, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
36. Ram Singh aged about 58 years, aged about 58 years, Son of Baboo,
Helper Khalasi, posted under Inspector of Works (II), North Central
Railway, Tundla.
37. Rama Devi aged about 54 years, Wife of Dhan Singh, Mali, posted
under Inspector of Works (II), North Central Railway, Tundla.
38. Bithula Devi aged about 57 years, Wife of Late Roshan Lal, Mali,
posted under Inspector of Works (II), North Central Railway, Tundla.
39. Vijay Singh aged about 55 years, Son of Shyam Lal, Valve Man,
posted under Inspector of Works (II), North Central Railway, Tundla.
40. Ram Sanehi aged about 48 years, Son of Babu Lal, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
41. Jai Singh aged about 60 years, Son of Sadhuram, Helper Khalasi
posted under Inspector of Works (II), North Central Railway, Tundla.
42. Natthi Ram aged about 60 years, Son of Kehar Singh, Chawkidar,
posted under Inspector of Works (II), North Central Railway, Tundla.
43. Lotan Singh aged about 57 years, Son of Johari, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
44. Lalta Prasad aged about 57 years, Son of Bhudeo, Helper Khalasi,
posted under Inspector of Works (1), North Central Railway, Tundla.
45. Ramjee Lal aged about 60 years, Son of Bishan Lal, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
46. Ramjee Lal aged about 54 years, Son of Krishan Lal, Helper
Khalasi, posted under Inspector of Works (II), North Central Railway,
Tundla.
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47. Tori Singh aged about 60 years, Son of Dharam Singh, Helper
Khalasi, posted under Senior Section Engineer, Electric Train Lighting,
North Central Railway, Tundla.
48. Ram Swaroop aged about 60 years, Son of Badan Singh, Helper
Khalasi, posted under Inspector of Works (II), North Central Railway,
Tundla.
49. Gaya Prasad aged about 57 years, Son of Bhagwan Singh, Helper
Khalasi posted under Assistant Engineer, Head Quarter, North Central
Railway, Tundla.
50. Babu Lal aged about 55 years, Son of Tejpal, Trolley Man, posted
under Assistant Engineer, Head Quarter, North Central Railway, Tundla.
51. Bachchoo Singh aged about 52 years, Son of Adal Singh, Helper
Khalasi posted under Inspector of Works (II), North Central Railway,
Tundla.
52. Sarnam Singh aged about 54 years, Son of Babu Singh, Helper
Khalasi posted under Inspector of Works (II), North Central Railway,
Tundla.
53. Ramesh Chandra aged about 50 years, Son of Noorpal, Safaiwala,
posted under Inspector of Works (II), North Central Railway, Tundla.
54. Basanti aged about 56 years, Wife of Girdhari, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
55. Jainuddin aged about 53 years, Son of Natthu Khan, Helper Khalasi,
posted under Inspector of Works (II), North Central Railway, Tundla.
56. Sukhdeo aged about 56 years, Son of Late Shyam Lal, Helper
Khalasi, posted under Inspector of Works (1), North Central Railway,
Tundla.
57. Ram Charan aged about 59 years, Son of Late Jagram, Helper
Khalasi, posted under Inspector of Works (II), North Central Railway,
Tundla.
58. Madres Singh aged about 54 years, Son of Mahendra Singh,
Technician-II, Posted under Assistant Foreman, Electric Power House,
North Central Railway, Tundla.
59. Ram Vakil aged about 58 years, Son of Nepal Singh Helper Khalasi,
Posted under Assistant Foreman, Electric Power House, North Central
Railway, Tundla.
...........Applicant
By Advocate: Shri Satish Dwivedi
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Versus
1. Union of India through the General Manager, North Central Railway,
Head Quarter Office, Allahabad.
2. The General Manager, North Central Railway, Head Quarter Office,
Subedarganj, Allahabad.
3. The Divisional Railway Manager, North Central Railway, Allahabad
Division, Allahabad.
4. The Senior Divisional Personnel Officer, North Central Railway,
Allahabad Division, Allahabad.
...Respondents
By Advocate: Shri Bashist Tiwari
ORDER
By Hon'ble Mr. Mohan Pyare, Member (A) Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
"A) That the respondents be directed to count the 50% of the temporary status Casual Labour Service of applicants for granting the benefit of Assured Career Progression Scheme/Modified Assured Career Progression Scheme and further they be directed to provide all the consequential benefits to applicants.
B) That the respondents be directed to count the period of casual employment and the period fromthe date of granting CPC Scale to the date of regular appointment/posting of applicants in the department of railway for the purpose of granting financial benefits/benefit of promotional pay scale to them under the Assured Career Progression Scheme/Modified Assured Career Progression Scheme after 10 years, 20 years and 30 years of service and further they be directed to provide all the consequential benefits to applicants. C) That the respondents be directed to pass appropriate reasoned and speaking order on the representation dated November 2011 of applicants within the specified period. D) That any other and further relief which this hon'ble Tribunal may deem fit and proper be also awarded to the applicants.
E) Cost of proceeding be awarded to the applicants. the date of granting CPC Scale to the date of regular appointment/posting of applicants in the department of Page 5 of 11 MADHU KUMARI O.A./1183/2012 railway for the purpose of granting financial benefits/benefit of promotional pay scale to them under the Assured Career Progression Scheme/Modified Assured Career Progression Scheme/Modified Assured Career Progression Scheme after 10 years, 20 years and 30 years of service and further they be directed to provide all the consequential benefits to applicants. C) That the respondents be directed to pass appropriate reasoned and speaking order on the representation dated November 2011 of applicants within the specified period. D) That any other and further relief which this Hon'ble Tribunal may deem fit and proper be also awarded to the applicants.
E) Cost of proceeding be awarded to the applicants."
2. Brief facts of this case as narrated in the O.A. are that all the applicants are permanent Group 'D' employees of the department of Railways and since the date of their initial appointment have been continuously working in the department of Railways. The Railway Board vide a Circular allowed promotional pay scale under the Assured Career Progression Scheme in accordance with the recommendation of 5th Pay Commission to all the employees of department of railway after 12 years and 24 years of continuous service and who has not got any promotion during the past service. The period of continuous service of 12 years and 24 years have been subsequently amended and the continuous service of 10 years, 20 years and 30 years have been allowed for granting the benefits of Modified Assured Career Progression Scheme to the railway employees. The Railway Board issued a Circular for reckoning 50% of the temporary status Casual Labour service for granting the benefit of Modified Assured Career Progression Scheme after 10 years, 20 years and 30 years of service. The railway administration for the purpose of granting the benefit of above mentioned Assured Career Progression Scheme /Modified Assured Career Progression Scheme to applicants have not counted the 50% of their temporary status Casual Labour service as a consequence of which they have not been given the benefit of aforesaid Scheme from the due date. Several Group 'D' employees of the department of railway by filing Original Application No.973 of 2009 Ram Bhawan Vs. Union of India and others Page 6 of 11 MADHU KUMARI O.A./1183/2012 approached to Central Administrative Tribunal, Allahabad for directing the railway administration to count their services of casual employment as well as the period of service from the date of granting Central Pay Commission (CPC) Scale to the date of regular appointment for the purpose of granting benefit of promotional pay scale under the aforesaid Assured Career Progression Scheme and the said original application has been allowed and in compliance of order of Tribunal the Divisional Engineer, Head Quarter Office, North Central Railway, Kanpur on 11-11-2009 issued an order in pursuance of the order of Railway Board whereby the half period of casual employment and the full period during which the employee was getting CPC Scale have been counted for the purpose of granting benefit of CPC Scale after 12/24 years of service.
3. We have heard learned counsel appearing for the parties.
4. Submission of learned counsel for the applicant is that under the law it was incumbent upon the railway administration to follow the Circular of Railway Board dated 04.12.2009 as well as the order of the Tribunal given in Original Application No.973 of 2009 in respect of all the employees of department of railway for granting benefit of Assured Career Progression Scheme after 12/24 years of service but in respect of applicants no order in this regard has been passed. The action of respondents in the circumstances mentioned above is highly arbitrary and discriminatory in law. The applicants in respect of their grievances jointly made requests to the superior officers orally as well as in writing but no action has been taken till date. Due to not counting the aforesaid period of casual employment and the period of CPC Scale in granting the benefit of Assured Career Progression Scheme the applicants have not got the aforesaid benefit from the due date and they have been suffering recurring pecuniary loss every month which is absolutely illegal and unsustainable in law. Since the similarly situated railway employees whose names are mentioned in order dated 11-11-2010 have been allowed the Page 7 of 11 MADHU KUMARI O.A./1183/2012 benefit of Assured Career Progression Scheme after counting their period of causal service as well as period of service of temporary status, under the circumstances, the case of applicants should also be considered similarly.
5. Submission of learned counsel for the respondents is that the applicants were initially appointed as daily wager casual labour, against work charge they had worked from time to time in broken periods. Thereafter, they have been granted temporary status. As per statutory rules circulated under Railway Board Letter No- PC-V/2009/ACP/2 dated- 04-12-2009 for 50% of the temporary status Casual Labour service on absorption in regular employment may be taken into account towards the minimum service of 10 years, 20 years and 30 years for the grant of benefit under the Modified Assured Career Progression Scheme on the analogy that the same is also reckoned for pension but the terms and conditions given in the said circular do not apply on the applicants of this O.A. He has further added that the said circular dated 04.12.2009 has been withdrawn.
6. Learned counsel for the respondents has relied upon the judgement of the Hon'ble Apex Court in the case of Union of India and others vs. Rakesh Kumar and others [(2018) 1 Supreme Court Cases (L&S) 51] and submitted that casual works after obtaining temporary status is entitled to reckon 50% of his services till he is regularised on a regular/temporary post for the purposes of calculation of pension and the casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for the purpose of pension. Learned counsel for the respondents has argued that the aforesaid provision is only with respect to the matter of pension and not ACP/MACP Schemes and emphasises that the matter of pension, in which a sympathetic view is taken by the department, should not be equated with career progression schemes which may have different qualification criteria.
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7. We have considered the rival submissions of learned counsel for the parties and perused the entire documents on record.
8. Learned counsel for the respondents has referred to RBE No.233/99 dated 01.10.1999 on the matter of Assured Career Progression Scheme which specifies in para 3.1 that "Certain categories of employees such as casual employees (including those with temporary status), substitutes, ad-hoc and contract employees shall not qualify for benefits under the aforesaid Scheme."
8. Vide the Railway Board's order dated 04.12.2009, it was decided that 50% of temporary status casual labour service on absorption in regular employment may be taken into account towards the minimum service of 10, 20 and 20 years for grant of benefit under the MACP Scheme on the analogy that the same is also reckoned as qualifying service for pension and vide Railway Board's order RBE No. 36/2010 dated 25.02.2010, it was decided that the entire temporary status service of substitutes followed by regularization without break may be taken into account towards the minimum service of 10, 20 and 30 years for the purpose of grant of benefit under the MACP Scheme.
10. In the OM dated 05.04.2021, DoPT, in compliance of the directions of Hon'ble Apex Court, as indicated in paras 47 to 50 of the order dated 05.03.2020, has examined the issues arising out of deliberations of the Joint Committee constituted to examine the MACP Scheme, and which were not finally disposed of, in consultation with the Department of Expenditure. The decision taken with respect to counting 50% of service rendered by casual labour who attained temporary status for reckoning 10, 20 and 30 years of service under the MACPS is as under:
"As per para 5(v) of the Appendix pertaining to the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 50% of the service rendered under temporary status is to be counted only for the purpose of retirement benefit after their regularization. The temporary service rendered does not count for any other purposes. Moreover, under the ACPS also, no provision was made for counting of temporary service as 1st and 2nd financial upgradation, was being granted to an employee on completion of 12/24 years of regular service.Page 9 of 11
MADHU KUMARI O.A./1183/2012 Therefore, the proposal cannot be agreed to. Thus, action on this item is treated as closed."
11. Thereafter, the Railways vide Railway Board's letter RBE No.31/2023 dated 14.02.2023 has withdrawn the Railway Board's letter dated 04.12.2009 (on the basis of which the applicant has made his claim) as well as Railway Board's letter dated 25.02.2010. Railway Board's order dated 14.02.2023 is reproduced below:
Sub: Grant of financial upgradation under MACPS by counting 50% Temporary Status of Casual Labour Service and 100% Temporary Status Service of Substitutes.
On receipt of references from some of the Zonal Railways regarding counting or otherwise of 50% Temporary Status Casual Labour Service and 100% Temporary Status Service of Substitutes for the purpose of MACP, the matter has since been examined in consultation with DoP&T. Pointing out Para 3 of their OM No. DoP&T's OM No. 35034/3/2015-Estt. (D) dated 22-10-2019 (circulated vide Board's letter dated 04.02.2020/ RBE No. 16/2020) which stipulates that casual employees, including those granted 'temporary status' and employees appointed in the Government on ad-hoc or on contract basis, shall not qualify for the benefit under the Scheme, and Para 9 of Annexure-I to the said OM which provides that 'regular service' for the purpose of MACPS shall commence form the date of joining of a post indirect entry grade on a regular basis either on direct recruitment basis or on absorption / re- employment basis. Service rendered on casual, ad hoc / contract basis before regular appointment on pre-appointment training shall not be taken into reckoning, DoP&T has reaffirmed its decision communicated vide Item No. 6 of their OM dated 05-04-2021 (circulated vide Board's letter dated 30-04-2021/ RBE No. 33/2021) regarding not counting 50% of temporary status casual service for the purpose of MACPS. In light of DoP&T's above clarification the instructions issued vide Board's letter dated 04-12-2009/RBE No.215/2009 and Board's letter dated 25-02-2010/RBE No. 36/2010 stands withdrawn. However, the cases already decided need not be re-opened
12. Thus, the present position is clear that 50% of the temporary status casual service shall not be counted for the purpose of MACP/ACP Scheme. Yet in view of the rationale of the Hon'ble Supreme Court of India in State of Uttar Pradesh -vs- Arvind Kumar Srivastava [(2015) 1 SCC 347], where it has been held that "22.1.
Normal rule is that when a particular set of employees is given relief by the Court, all other identically situated persons need to be treated alike by extending that benefit. Not doing so would Page 10 of 11 MADHU KUMARI O.A./1183/2012 amount to discrimination and would be violative of Article 14 of the Constitution of India. This principle needs to be applied in service matters more emphatically as the service jurisprudence evolved by this Court from time to time postulates that all similarly situated persons should be treated similarly. Therefore, the normal rule would be that merely because other similarly situated persons did not approach the Court earlier, they are not to be treated differently.", we find it apt to direct the respondents to examine the case of the applicants in comparison with the case of the employees who have been given the benefit vide order dated 11.11.2009 (Annexure A-62 of the OA) and only if the applicants are found to be similarly situated and it is permissible in light of the rules/ Railway Board's order with respect to the calculation of qualifying service for the purpose of MACP Scheme operating at the time the applicants of this O.A. respectively claim to be eligible for the benefit of upgradation under the MACP Scheme, the same benefit should be granted to those eligible among the applicants. The consequential benefits including the arrears, if any accrue, should be given to the eligible applicants within a period of five months from the date of receipt of a certified copy of this order.
13. The O.A. stands disposed of with above direction. All associated M.A.s also stand disposed of accordingly. No costs.
(Mohan Pyare) ( Justice Om Prakash VII)
Member (A) Member (J)
Madhu
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