Central Administrative Tribunal - Kolkata
Subrata Mukherjee vs Eastern Railway on 1 April, 2026
1 O.A. 350/00636/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH, KOLKATA
No. O.A. 350/00636/2023 Heard on: 26.02.2026
Date of Order: 01.04.2026
Present: Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar , Administrative Member
1. Subrata Mukherjee
2. Saraj Kumar Saha Pramanik
3. Ashim Bikash Das
4. Pradip Kumar Sen
5. Pravash Chandra Singha
6. Ajoy Kumar Dutta
7. Ranjit Prosad Gupta
8. Goutam Bhowmick
9. Chandan Ghosh
10. Amal Kumar Sarkar
11. Balaram Chakraborty
12. Tapan Kumar Ghosh
13. Subal Chowdhury
14. Tapan Kumar Ghosh
15. Amal Kumar Ghosh
16. R.N. Sharma
17. Samir Ranjan Roy
18. Goutam Kumar Ghosh Dastidar
19. Dudheswar Nath Singh
20. Sukumar Ghosh
21. Debojyoti Dey Majumder
22. Subhash Chandra Sarkar
23. Paresh Nath Bhattacharjee
24. Narayan Chandra Singh
25. Mohanlal Chakraborty
26. Hrishikesh Karmakar
27. Aloke Kumar Majumder
28. Mukul Chandra Mondal
29. Basudeb Patra
30. Rajendra Prasad Rajbhar
31. Tapas Kumar Mondal
32. Chandan Majumder
33. Dipak Majumder
34. Debabrata Dutta
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658
d7fbc937c888, PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae
Pramanik
e8938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2026.04.02 12:16:04-07'00'
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2 O.A. 350/00636/2023
35. Kalipada Dey
36. Sanjit Pramanik
37. Rajkishore Sharma
38. Gauranga Chandra Sarkar
39. Prabir Kumar Sur
40. Ashis Mukherjee
41. Ram Charitra Rajak
42. Utpal Kumar Dey
43. Rameshwar Samanta
44. Tapan Kumar Dutta
45. Jyotirmoy Biswas
46. Dhananjoy Paul
47. Sanat Kumar Ghosh
48. Soumen Kumar Das
49. Dipak Chowdhury
50. Awadh Kishore Yadav
51. Mihirlal Talukdar
52. Lalan Sharma
53. Mohan Lal Bhattacharjee
54. Deb Kumar Paul
55. Prabin Kumar Biswas
56. Purusottom Giri
57. Bijon Kumar Nath
58. Bidyut Kumar Karmakar
59. Samir Kumar Paul
60. Pradip Kumar Kundu
61. Mainakshya Chatterjee
62. Rajib Chakraborty
63. Balaram Das
64. Sajal Kumar Bose
65. Alok Kumar Biswas
66. Prasanta Kumar
67. Aloke Roychowdhury
68. Achintya Singha Roy
69. Amir Baran Das
70. Arjun Kumar Koley
71. Shio Bala Prasad
72. Ratan Biswas
73. Mrinal Kanti Dey
74. Om Prakash Sharma
75. Prabir Kumar Banerjee
76. Satrughan Singh
77. Pradip Chandra Mondal
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658
d7fbc937c888, PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae
Pramanik
e8938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2026.04.02 12:16:04-07'00'
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3 O.A. 350/00636/2023
78. Tapan Kumar Banerjee
79. Satya Priya Goswami
80. Sanjit Kumar Saha
81. Bhanu Chandra Seal
82. Kamal Chandra Banerjee
83. Tapan Kumar Roy
84. Goutam Samajder
85. Subhash Chandra Ghosal
86. Ashok Kumar Modak
87. Tarak Nath Basak
88. Susanta Kumar Dutta
89. Santosh Kumar Adhikary
90. Sanjay Kumar Dhar
91. Bhaskar Mitra
92. Asit Kumar Sharma
93. Sanat Kumar Pramanick
94. Upendra Prasad
95. Ashok Kumar Mukherjee
96. Debesh Chandra Sarkar
97. Kalipada Debnath
98. Pradip Biswas
99. Parimal Kumar Deb
100. Tapan Kumar Mondal
101. Somnath Banerjee
102. Ashoke Kumar Sur
103. Ahindra Nath Chakraborty
104. Sekhar Roy
105. Aloke Kumar De
106. Ananda Kumar Banerjee
107. Krishna Chandra Paul
108. Janardhan Dubey
109. Aparesh Pramanik
110. Ashok Kumar Das
111. Achhelal Prasad
112. Shyama Prasad Pramanik
113. Swapan Kumar Paul
114. Sukumar Chakraborty
115. Bipad Bhanjan Modak
116. Ram Probodh Prasad
117. Sunil Kumar Paul
118. Nageshwar Prasad
119. Rajendra Prasad
120. Sambhu Nath Prasad
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658
d7fbc937c888, PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae
Pramanik
e8938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2026.04.02 12:16:04-07'00'
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4 O.A. 350/00636/2023
121. Radha Raman Sharma
122. Vijoy Kumar Mishra
123. Kishore Kumar Shreevastava
124. Ram Kumar Pandit
125. Tapas Kumar Lahiri
126. Rama Shankar Sharma
127. Shyamal Kumar Sengupta
128. Soumendra Nath Saha
129. Rajkumar Prasad
130. Narshingh Das
131. Suman Kanti Bhowmick
132. Pradip Kumar Ghosh
133. Bikash Chandra Das
134. Sankar Prasad Mukherjee
135. Ashok Kumar Ganguly
136. Bimal Kumar Sil
137. Barun Kumar Chandra
138. Swapan Kumar Banerjee
139. Ramdeo Prasad
140. Vijoy Kumar Sharma
141. Kali Krishna Singh
142. Debarato Chattopadhyay
143. Kasinath Bhowmick
144. Chandrika Prasad
145. Sekhar Kumar Das
146. Pradip Kumar Mukherjee
147. Debasish Bhattacharya
148. Ashim Kumar Chakraborty
149. Subhikash Mistry
150. Swapan Kumar Jha
151. Sahil Kumar Ghosh
152. Goutam Kumar Ghosh
153. Pijush Kumar Bhowmick
154. Debesh Roy
155. Ramesh Prasad
156. Tarun Kumar Bhattacharya
157. Debendra Kumar Sharma
158. Krishna Chandra Roy
159. Anwar-e-Ahmad
160. Subir Kumar Gupta
161. Japan Chandra Sardar
162. Swapan Kumar Chakraborty
163. Ratan Chandra Dey
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658
d7fbc937c888, PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae
Pramanik
e8938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2026.04.02 12:16:04-07'00'
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5 O.A. 350/00636/2023
164. Parimal Biswas
165. Niranjan Kumar Ghosh
166. Samir Kumar Das
167. Prasanta Kumar Majumder
168. Prabir Kumar Mitra
169. Apurba Kumar Chatterjee
170. Krishna Kumar Sharma
171. Bajinath Prasad
172. Samir Kumar Dutta
173. Shyamal Kumar Basu
174. Ranjan Kumar Ghosh
175. Ramapada Ganguly
176. Sankar Karmakar
177. Sanjoy Gopal Ghosh
178. Sanjay Kumar Nath
179. Sanjib Kumar Bandopadhyay
180. Pranab Das Purakyastha
181. Chhathilal Sharma
.......Applicants
Versus -
1. Union of India,
Represented by General Manager,
Eastern Railway,
Kolkata - 700 001.
2. The Chief Personnel Officer,
Eastern Railway,
Both being Office at Fairlie Place,
17, Netaji Subhas Road,
Kolkata - 700 001.
3. The Chief Works Manager,
Kancharapara Railway Workshop,
Eastern Railway,
24 Parganas North,
Pin - 743145.
4. The Workshop Personnel Officer,
Kancharapara Railway Workshop,
Eastern Railway,
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1, Phone=
495dab51bd16f95eab3873746237af9545f09bb4143baf81a658
d7fbc937c888, PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae
Pramanik
e8938da0637e, CN=Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2026.04.02 12:16:04-07'00'
Foxit PDF Reader Version: 2024.3.0
6 O.A. 350/00636/2023
24 Parganas North,
Pin - 743145.
.... Respondents
For the Applicant : Md. A. Ali, Counsel
For the Respondents : Ms. E. Banerjee, Counsel
ORDER
Ms. Urmita Datta (Sen), Judicial Member:
The applicants have approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:-
"i) To grant leave under Rule 4(5)(a) of the Administrative (Procedure) Rules, 1987 to the applicants to file this joint application;
ii) Direct the Railway respondents to refund the full amount deducted on account of illegal application of MACP Scheme pursuant to the orders dated 9.6.2011, 13.6.2011 and 23.3.2023 from the salaries and emoluments of the applicants respectively with interest as per the RBI rate in accordance with the chart annexed in the schedule by setting aside the impugned order being Annexure A-14 to this application.
iii) Direct the respondents to produce the records relating to the case before this Learned Tribunal for adjudication of the issues involved in the application.
iv) Any other and/or further order as the Learned Tribunal may deem fit and proper."
2. As per the applicants, they are all course completed Act Apprentices, engaged temporarily as Khalasi and subsequently appointed as Artisans, Skilled Grade III against 25% Direct Recruitment quota in Kancharapara Railway Workshop, Eastern Railway from 1978 onwards. The applicants were appointed on regular basis as Skilled Artisan Gr. III against Direct Recruitment Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 7 O.A. 350/00636/2023 quota as per the Recruitment Rules of Artisan Staff dated 24.02.1979, which has subsequently been incorporated in Para 159 of the Indian Railway Establishment Manual Vol. I, 1989. After completion of their Trade Apprenticeship training, there were no vacancies available in the Skilled Artisan Grade III posts under Direct Recruitment Quota but owing to huge demand for Group 'D' Khalasi at the Kanchrapara Workshop, they were initially appointed in Group 'D' category purely on adhoc/temporary basis and subsequently to the posts of Artisans in Skilled Grade III posts under Direct Recruitment quota.
The bone of contention which requires to be dealt with in this O.A. is "whether temporary/ad hoc appointments in Group 'D' posts were to be treated as Regular Service for the purpose of promotion to higher grade i.e. Skilled Grade III Gr. 'C' and/or post for the purpose of granting benefits under Modified Advanced Career Progression Scheme introduced by the Sixth CPC.
The MACP Scheme was circulated vide Circular No. 102/2009 dated 15.06.2009 issued by the CPO. Paragraph 9 of the MACP Scheme is quoted hereunder for ready reference:-
" Regular service for the purposes of the MACP Scheme shall commence from the Date of joining of a post in Direct Entry Grade on a Regular basis either on a Direct Recruitment basis or on an absorption/re-employment basis.
Service rendered on ad hoc/on a contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in another government department in a post carrying the same grade pay prior to regular appointment in a new department, without a break, shall also be counted towards qualifying regular service for the purpose of MACP only, (and not for the regular promotions). However, the benefits under MACP Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 8 O.A. 350/00636/2023 shall not be considered till the satisfactory completion of the probation period in the new post."
The applicants claim that they are entitled to get three financial upgradations as per the MACP Scheme from the date of their appointment in Group 'C' post on regular basis and without considering their temporary service, however the respondent authorities have arbitrarily violated the provisions of MACP Scheme and took the absorption of the applicants in the post of Artisan Skilled Grade III Gr. 'C' posts from their temporary appointment in Group 'D' posts in which they were temporarily appointed at the relevant time since there was no posts available for their appointment in Group 'C' post, as 1st promotion.
In this regard, the applicant submits that on behalf of the Chief Works Manager, Kanchrapara, the Assistant Personnel Officer issued an Order dated 09.06.2011 quoting the CPO/E. Railway/KKK's Memo No. E 368/0/ACP/Part I dated 01.06.2011, inter alia, that:-
"for the purpose of granting MACP to these Act Apprentices, Entry Grade is to be reckoned as Group - D and their further promotions to the posts of Skilled Grade III is also to be counted as one promotion under MACPS.
In view of the above, it is requested to work out the MACP eligibility to those Staff accordingly and necessary correction may be made without delay.
This issues with the approval of the competent authority."
Pursuant to the aforementioned Order dated 01.06.2011, the pay of the applicants were illegally refixed and subsequent increment was granted by the Workshop Personnel officer with the Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 9 O.A. 350/00636/2023 purported approval of the competent authority by issuing EO No. EC/206 dated 13.06.2011 holding that:-
"the benefit of financial upgradation under MACP granted erroneous w.e.f. 01.09.2008 is dropped in terms of the said letter dated 09.06.2011 as they have already got 03 (three) promotions as Tech-III, Tech-II and Tech-I during their Service period and as such their pay is refixed and subsequent increment granted as per the Charts annexed therewith."
Further, it was recorded that-
"arrears arising out of the above fixation may please be deducted in consideration with Paid voucher in easy instalment to be decided by WPO/KPA."
Further, the applicants together with other similarly circumstanced employees filed O.A. No. 580 of 2011, challenging the Order dated 01.06.2011 and subsequent Orders wherein vide Order dated 10.10.2012, this Tribunal held, as under:-
"We dispose of the O.A. by giving a direction to the respondents to issue individual notices and to pass a speaking Order this exercise will be completed within 2 months of the receipt of the order.
The impugned Order (CPO's Order dated 01.06.2011 and subsequent orders refixing the pay of the applicants and non-consideration of joint representation) is kept in abeyance till the completion of this exercise and communication of orders and months thereafter. We have expressed no opinion regarding the refund of the recovered amount at this juncture as this crucial facts had yet to be found out."
Further, the crucial point for determination was also kept open for adjudication, which is as follows:-
"the crucial question is as to whether appointment as Group 'D' was adhoc or regular appointment and whether subsequent appointment as Artisan Gr. III was by way of Direct Recruitment or promotion."
Subsequently, a Speaking Order dated 10.10.2012 was passed on 13.11.2012. Challenging the Orders dated 09.06.2011 and 13.06.2011, two O.A.s were filed being O.A. No. 1135 and O.A. No. 1148 of 2012. In O.A. No. 148 of 1986, the respondents categorically admitted that Course Completed Act Apprentices are Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 10 O.A. 350/00636/2023 absorbed in their own designated trade on availability of vacancy against 25% Direct Recruitment quota. Both the aforementioned O.A.s were disposed of vide common Order dated 21.06.2013 wherein this Tribunal has held that since the applicants were initially appointed in Gr. 'D' on ad hoc/temporary basis and their appointments in Technician Gr. III is to be treated as Direct Recruitment, entry grade being Gr. 'C' and only two promotions have been availed by them in their service career, hence they are entitled for 1st financial upgradation under the MACP Scheme. The Union of India filed WPCT No. 59 of 2014 challenging the validity and legality of the Order passed by this Tribunal on 21.06.2013, which was finally disposed of on 29.04.2022 holding that since the MACP vividly contemplates that the appointment as temporary or ad hoc will not be considered under the said Scheme, we do not find any justification within the stand of the Railway Authorities in considering the Group 'D' post as a regular service within the meaning thereof under the said Scheme. Thereafter, the applicants made representation requesting the Respondents to refund the money which was illegally deducted from their emoluments on the basis of the orders, which were set aside by this Tribunal as also by the Hon'ble High Court. This Tribunal vide Order dated 30.09.2022 directed the respondents to dispose of the representation filed by the applicant dated 16.05.2022, which was rejected by the respondents vide Speaking Order dated 23.03.2023. Challenging Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 11 O.A. 350/00636/2023 the said impugned order dated 23.03.2023, the applicants have approached this Tribunal.
3. The respondents have filed their reply wherein they have contended that upon completion of training, the applicants were temporarily engaged as 'Khalasi' in Kanchrapara Workshop and subsequent from 1978 onwards they were promoted as Skilled - III Artisan. In terms of recommendations of the VI Central Pay Commission, the Railways issued RBE 101 of 2009 regarding Modified Career Progression Scheme for financial upgradation of its employees wherein in paragraph 9 it has been stipulated that regular service for the purpose of having the benefit under MACP Scheme shall commence from the date of joining a post on a regular basis direct entry to the grade. The applicants were granted financial upgradation under MACPS taking into consideration their entry Grade in Tech-III. Subsequently the PCPO/Kolkata Office issued a letter bearing No. E368/O/ACP/Part-1 dated 01.06.2011, wherein it was clarified that for the purpose of granting MACP to the apprentices, the Entry Grade is to be reckoned as Group - D and thereafter promotion to the post of Skilled Grade - III is also to be counted as one promotion under MACP Scheme. Consequently, vide letter dated 13.06.2011, the pay of the applicants were re-fixed and incremental benefits which were erroneously granted to them were dropped and it was directed to be recover the pay and incremental benefits, which was erroneously granted to them.
Being aggrieved, the applicants filed O.A. No. 580 of 2011 which Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 12 O.A. 350/00636/2023 was disposed of by this Tribunal vide Order dated 10.10.2012 directing the respondents to issue a speaking Order. In compliance to the Order passed by this Tribunal, the respondents issued a speaking Order dated 13.11.2012, which was further challenged before this Tribunal by filing O.A. No. 1135 of 2012 and O.A. No. 1148 of 2012 on the self-same cause of action and vide Order dated 21.06.2013 this Tribunal disposed of the O.A. inter alia holding:-
"(i) In view of the above our conclusions in the issues listed in Para 6 are as under: (1)The initial appointments to the applicants in Group D were made on adhoc/temporary basis.
(ii) The appointment of the applicants in Technical Grade III is to be treated as direct recruitment.
(iii) Entry Grade of the applicants is in Group C.
(iv) In view of the above findings regard (i), (ii) and (iii) above, it is obvious that only two promotions have been availed by the applicants in their service career."
Since we have concluded that only two promotions have been availed by the applicants in their service career, they are obviously entitled to one financial upgradation under the MACP Scheme."
This Order was challenged before the Hon'ble High Court in WPCT No. 59/2014 wherein the Hon'ble High Court was pleased to dismissed the Writ Petition vide Order dated 29.04.2022.
Thereafter the applicant filed O.A. No. 350/01447/2022 before this Tribunal claiming full amount deducted from their salaries and emoluments on account of withdrawal of MACP Scheme which was extended to them. This Tribunal vide Order dated 30.09.2022 disposed of the O.A. directing the respondents to dispose of the pending representation of the applicants. In Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 13 O.A. 350/00636/2023 compliance to the said Order, the respondents issued a speaking order dated 23.03.2023. The respondents further contend that the applicants have claimed that they were passed out Act Apprentices.
Upon completion of training they were temporarily engaged as "Khalasi" in Kanchrapara Workshop. Subsequently they were promoted as Skilled - III Artisan against 25% quota from the serving employees during the year 1978 onwards. The question whether they were appointed on regular basis in Gr. 'D' category of posts and thereafter promoted against 25% quota from the serving employees can be elucidated from the notification dated 12.12.1985 wherein it was mentioned that applications were invited from Serving Khalasi, Up-Graded Khalasi and semi-Skilled Artisan for filling up 25% vacancies of Skilled Artisan. It was further mentioned that the serving employees applying for the 25% quota for filling up vacancy should at least complete 01 (one) year of service in the Railways on 01.10.1985, which proves that the applicants were working on regular basis and had completed 01 year of Railway service and had applied for the post of Skilled Artisan in different category of posts against 25% quota. The respondents further contend that the contention of the applicant that they were initially appointed as Khalasi on temporary /ad-hoc basis and subsequently appointed on regular basis as Skilled Artisan Gr. III against 25% Direct Recruitment quota as per the Recruitment Rules is baseless and without substance since the applicants were granted pensionary benefits and had their joining Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 14 O.A. 350/00636/2023 been on adhoc /temporary basis their service would not have been counted for granting pensionary benefit. The respondents claim that nowhere in the appointment letters it was mentioned that their appointment were made on ad hoc basis. Thus, rightfully, their pay were refixed and the excess amount was directed to be recovered from their pay and emoluments.
4. The applicants have filed rejoinder in which the averments made in the reply are reiterated.
5. We have heard the Ld. Counsel for both sides and perused the materials available on record.
6. It is noted that these applicants have already approached this Tribunal in an earlier round of litigation by filing O.A. No. 1135 of 2012 and O.A. No. 1148 of 2012 wherein this Tribunal vide Order dated 21.6.2013 had passed a common order, inter alia, holding as under:-
" xxxxxxx
5. In the counter reply filed on behalf of the respondents it has been reiterated that the applicants were offered temporary appointment as Khalasi (Class IV category) and this appointment had been duly accepted by the applicants. They were then promoted to Technician Grade III, subsequently promoted to Technician Grade II and thereafter got promoted to Technician Grade I. Since they got three promotions in the course of their service career they were not entitled to MACP benefits. MACP benefit had erroneously been granted to the applicants and the same was withdrawn by order dated 9.6.2011 and the pay of the applicants was correctly refixed on 13.6.2012. The applicant's contention that they were appointed as Skilled Artisan through the procedures laid down in sub-para 1(i) para 159 of IREM, Vol. I, 1989 is denied and disputed by the respondents.
From the above it is evident that the following issues arise for decision:
(i) Was the initial appointment of the applicants made on ad hoc/temporary basis in Group 'D'?
(ii) Was the appointment of the applicants in Technician Grade III by way of promotion or direct recruitment?Digitally signed by Shantanu Pramanik
Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
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(iii) Is the Entry Grade of the applicants in Group 'D' or in Group 'C'?
(iv) How many promotions have been availed by the applicants in their service period?
7. Arguments advanced by the ld. Counsel for the parties were heard.
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11. In the OA, Annexure A/1 has been annexed indicating date of appointment on regular basis, date of first promotion, date of second promotion and date of MACP. This document has not been rebutted by the respondents. One Shri Naba Kumar Saha is shown at Sl. No. 7 of this document. In his case it is seen that Annexure A/2 shows that he was given appointment on 12.2.1981 as temporary ad hoc Trimmer in the grade Rs. 260-400 (RS): rate of pay per mensem Rs. 260. This person is listed in Annexure A/1 as having been appointed on regular basis in the skilled grade on 18.2.1981. Similar is the case of one Somnath Banerjee (Sl. No. 9 in Annexure A/1) who was appointed on temporary basis on 18.2.1982 and given regular appointment on 25.2.1982. It is hardly believable that an employee could be promoted from Group 'D' level to Group 'C' level within a period of one week and the contention of the applicants that they were initially appointed on temporary/ad hoc against Group 'D' posts and thereafter adjust4ed against Skilled Grade III as and when vacancies were available seems to be logical and acceptable. If some more of the appointment orders in Group 'D' and regularization order in Skilled Grade III were available, this position is likely to be established in the other cases also. It is also seen that the respondents have not shown any order regarding initial appointment of the applicants in Group 'D' and their subsequent promotion to Group 'C' as claimed in the counter reply. (in view of the above our conclusions in the issues listed in para 6 are as under:
(i) The initial appointments of the applicants in Group 'D' were made on adhoc/temporary basis.
(ii) The appointment of the applicants in Technical Grade III is to be treated as direct recruitment.
(iii) Entry Grade of the applicants is in Group C.
(iv) In view of the above findings regard (i), (ii) and (iii) above, it is obvious that only two promotions have been availed by the applicants in their service career."
This Order was challenged by the respondents before the Hon'ble High Court in WPCT No. 59 of 2014 wherein the Hon'ble High Court vide Order dated 29.04.2022 has held as under:-
"It appears from the Circular dated 27.7.1981 annexed to the writ petition filed by the writ petitioner that all such candidates have been directed to undergo such training. The contention of the railway is that there was a regular appointment to the post of Group D and the Skill Grade - III was filled up by promotion and since respondents availed one Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 16 O.A. 350/00636/2023 financial upgradation they are not entitled to further financial upgradation having availed three times. There is no document forthcoming from the record that the appointment at Group D post which was temporary in nature with the probation period of one year has been regularized in such posts rather the stand of the railway is that they were absorbed in the post of a Skill Grade III after being appointed on a temporary basis Group D post.
There is a distinction between an appointment by way of promotion and the absorption at the said post. Absorption connotes the confirmation at the posts which was held by the employee on temporary or ad-hoc basis which cannot be extended when a person is appointed to another post which is Group-C. We further find that within a short span of time after the temporary and ad-hoc appointment at Group-D post, the respondents were appointed in the post of a Skill Grade-III by way of so- called absorption. The Tribunal has also found in some of the cases the regular appointment on Grade-III post was made within the interval of 15-20 days which is inconceivable. We are unable to accept the contention of the Railway Board, that though the appointment of the respondents was made on Group D post because of unavailability of the requisite vacancy as Skill Grade-III, as the same runs counter to a normal course of affairs. Since the MACP vividly contemplates that the appointment as temporary or ad-hoc will not be considered under the said scheme, we do not find any justification in the stand of the Railway Authorities in considering the Group D post as a regular service within the meaning thereof under the said scheme.
We, thus, do not find any illegality and infirmity in the impugned order. The writ petition is dismissed."
The Order passed in WPCT No. 59 of 2014 has not been challenged before any higher forum and thus the Order passed by this Tribunal has attained finality.
7. In view of the above, we are of the opinion that since the Order passed by this Tribunal has attained finality, the applicants are entitled to the benefits of MACP and accordingly the respondents are directed to refund the entire money which has been recovered from their pay and allowances within a period of 04 weeks from the date of receipt of a copy of this Order. The applicants are also entitled to interest at the rates applicable to savings bank account from the date when this money was Digitally signed by Shantanu Pramanik Shantanu DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0 17 O.A. 350/00636/2023 recovered from their pay and allowance from the date of recovery to actual payment of refund.
8. With the above observation and direction, the O.A. stands disposed of with no order as to costs.
(Anindo Majumdar) [Urmita Datta (Sen)]
Administrative Member Judicial Member
sp
Digitally signed by Shantanu Pramanik
Shantanu
DN: C=IN, O=Personal, T=6283, OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1, Phone= 495dab51bd16f95eab3873746237af9545f09bb4143baf81a658 d7fbc937c888, PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d7f6d80c4812359eae Pramanik e8938da0637e, CN=Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2026.04.02 12:16:04-07'00' Foxit PDF Reader Version: 2024.3.0