Central Administrative Tribunal - Ernakulam
C Sreekumar vs The Secretary Ministry Of Railways Rail ... on 3 July, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00553/2019
Thursday this the 3rd day of July 2025
CO RAM :
HON'BLE Mr.JUSTICE K.HARIPAL, JUDICIAL MEMBER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
C.Sreekumar,
Aged 56 years,
S/o.Chandrasekhara Panicker,
Chief Controller, Southern Railway,
Thiruvananthapuram.
Residing at Souparnika,
Kurup's Lane, Sasthamangalam,
Thiruvananthapuram - 695 010. ...Applicant
(By Advocate Ms.A.K.Preetha)
versus
1. Union of India represented by the Secretary to Government,
Ministry of Railways, New Delhi - 110 001.
2. Southern Railway represented by Divisional Railway Manager,
Thiruvananthapuram - 695 014.
3. Divisional Personal Officer, Southern Railway,
Thiruvananthapuram - 695 014. ...Respondents
(By Advocate Mr.V.A.Shaji)
This application having been heard on 13 th June, 2025 the Tribunal
on 3rd July, 2025 delivered the following :
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ORDER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER This is second round of litigation. Earlier the applicant has filed O.A.No.180/226/2019 which was disposed of by this Tribunal vide order dated 29.03.2019 directing the 3rd respondent to consider the representation and take a decision in accordance with law within the time frame stipulated. A copy of the order is produced as Annexure A-7. In compliance of the directions contained in Annexure A-7, the respondents passed Annexure A-8 order dated 07.05.2019 rejecting the request of the applicant for the 2nd MACP benefit in Grade Pay Rs.4800/- with effect from 01.12.2001. Aggrieved by the Annexure A-8 order the applicant has filed the present O.A.
2. The facts of the case briefly stated are as under - The applicant commenced service as Section Controller in the pay scale of Rs.470-700, which is equivalent to Grade Pay of Rs.4200/- as per 6 th Central Pay Commission, on 19.07.1988 after undergoing three years training as Traffic Apprentice. It is stated that he was promoted as Deputy Chief Controller on 01.12.1991 in the pay scale Rs.2000-3200, which is equivalent to Grade Pay of Rs.4600/- as per 6 th Central Pay Commission A S PEETHAMBARAN 2025.07.03 12:33:55+05'30' -3- and further promoted as Chief Controller on 05.05.2003 in the pay scale Rs.2375-3450, which is equivalent to Grade Pay of Rs.4600/- as per 6 th Central Pay Commission. He submits that on implementation of the 6 th Central Pay Commission, as per RBE No.103/2008, the pay scales granted to him on 01.12.1991 and 05.05.2003 were merged to the Grade Pay of Rs.4600/- and therefore he has got only one promotion since his date of entry into regular service.
3. It is submitted that the respondents had introduced and implemented Modified Assured Career Progression Scheme (MACP) with effect from 01.09.2008. He relies on Clause 1 and Clause 5 of the Scheme which reads as under -
"1. There shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years of service respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same Grade Pay."
"5. Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same Grade Pay due to merger of pay scales/upgradations of posts recommended by the sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS."
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4. The applicant submits that going by Clause 5 above the second promotion given to the applicant cannot be reckoned as financial upgradation for the purpose of implementation of MACP Scheme as the Grade Pay in the post of Deputy Chief Controller and the Chief Controller were merged into the Pay Band with Grade Pay Rs.4600/-. Hence, he claimed that on completion of 10 years in the Pay Band with Grade Pay Rs.4600/- ie., from 01.12.1991, he is entitled for 2 nd financial upgradation on 01.12.2001 whereas he was granted the benefit only from 01.09.2008. Highlighting the anomaly he submitted a representation to the 2nd respondent dated 19.08.2013, a copy of which is produced as Annexure A-4. In response the respondents vide Annexure A-5 dated 31.12.2013 issued a letter to the applicant stating that as MACP Scheme was introduced from 01.09.2008 only, it cannot be given retrospective effect and that his eligibility for 2 nd MACP would be with effect from 01.09.2008. Further, the 3rd MACP would be granted to him with effect from 01.09.2018 only on completion of 10 years from 2 nd MACP.
5. The applicant submits that Annexure A-5 and Annexure A-8 are arbitrary, illegal and unsustainable. He further submits that when the Scheme itself has not provided for any cut off date for implementation of A S PEETHAMBARAN 2025.07.03 12:33:55+05'30' -5- the Scheme, the respondents have no power or authority to fix cut off date for the implementation of the Scheme. He has filed this O.A seeking the following reliefs -
1. Issue an order quashing and setting aside Annexure A-8.
2. To hold that the applicant is entitled to get the benefit of three career progression on completing 10 years service on the same grade, as per Annexure A-1, applying Annexure A-1 Scheme to his entire career and
3. Be further pleased to issue such other orders and directions as are deemed fit in the facts and circumstances of the case.
6. The respondents have filed their reply statement stating that since the applicant had got two promotions as Deputy Chief Controller and Chief Controller in the merged grades with Grade Pay of Rs.4600/-, it is treated as a single promotion as per the instructions in RBE No.103/2008. It is submitted that he was granted 2 nd financial upgradation under MACP with Grade Pay Rs.4800/- with effect from 01.09.2008 and since the MACP Scheme came into effect from 01.09.2008 and it is prospective in nature, the request for 2 nd MACP in GP Rs.4800/- on 01.12.2001 cannot be considered. They have produced Annexure R-1 dated 27.06.2019 wherein it is stated that the 3 rd financial A S PEETHAMBARAN 2025.07.03 12:33:55+05'30' -6- upgradation under MACP has been granted to the applicant with effect from 01.09.2018 with Grade Pay Rs.5400/- on completion of 10 years from the date of grant of 2nd MACP ie., from 01.09.2008.
7. Heard learned counsel for both the parties and perused the pleadings available on record. The applicant had got two promotions as Deputy Chief Controller in the pay scale Rs.2000-3200 on 01.12.1991 and Chief Controller in the pay scale Rs.2375-3450 on 05.05.2003. It can be seen that the two promotions granted to him were in two different pay scales of 4th and 5th Central Pay Commission respectively. The pay scales granted in the aforementioned posts were merged to the Grade Pay of Rs.4600/- in the 6th CPC as per the instructions in RBE No.103/2008 by treating it as a single promotion. Since the merger took place due to the implementation of the MACP Scheme in the 6 th CPC, he has been granted 2nd financial upgradation under MACP with Grade Pay Rs.4800/- with effect from 01.09.2008. Therefore, the contention of the applicant that he was in the Grade Pay of Rs.4600/- since 1991 is baseless. The applicant claims that on completion of 10 years in the Grade Pay of Rs.4600/- ie., on his promotion to a higher Grade Pay on 01.12.1991, he is entitled for 2nd financial upgradation on 01.12.2001. Clause 8 of the A S PEETHAMBARAN 2025.07.03 12:33:55+05'30' -7- MACP Scheme states that the Scheme would be operational with effect from 01.09.2008. In other words, financial upgradations as per the provisions of the earlier ACP Scheme (of October 1999) would be granted till 31.08.2008. Hence, the prayer for grant of 2 nd financial upgradation with effect from 01.12.2001 cannot be granted as it is very explicitly stated in Clause 8 that till 31.08.2008 the provisions of the earlier ACP Scheme was applicable. Morever, the applicant has not challenged Clause 8 of the MACP Scheme in the O.A. On the other hand, he relies on Clause 5 of the Scheme for claiming the benefit of merger. He has to accept Annexure A-1 either in toto or to challenge the clause in Annexure A-1 by which he is aggrieved. He cannot blow hot and cold at the same time.
8. In the light of the above, we find no merit in the contentions of the applicant made in the O.A. Accordingly, the O.A is dismissed. No order as to costs.
(Dated this the 3rd day of July, 2025)
V.RAMA MATHEW JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A.No.180/00553/2019
1. Annexure A-1 - A copy of the Modified Assured Career Progression Scheme (MACP for short).
2. Annexure A-2 - A copy of the Order granting the benefit of MACP to the applicant.
3. Annexure A-3 - A copy of the Order No.PC-V/2009/ACP/2 dated 29.12.2011 issued by the 2nd respondent.
4. Annexure A-4 - A copy of the representation submitted by the applicant to the 2nd respondent dated 19.08.2013.
5. Annexure A-5 - A copy of the Communication V/P.535/II/MACP/I dated 31.12.2013 issued by the 2nd respondent.
6. Annexure A-6 - A copy of the representation dated 10.03.2019 submitted by the petitioner to the 3rd respondent.
7. Annexure A-7 - A copy of the judgment passed by the Hon'ble Tribunal dated 29.03.2019 in O.A.No.226/2019.
8. Annexure A-8 - A copy of the Order No.V/P.535/11/MACP/1 (Pt) dated 07.05.2019 passed by the 3rd respondent.
9. Annexure R-1 - A copy of the Office Order No.21/2019/CHC issued under No.V/P.535/II/MACPS/I(Pt.) dated 27.06.2019.
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