Central Administrative Tribunal - Mumbai
Natwarlal Dahyabhai Rathod vs M/O Railways on 10 June, 2025
1 OA No.375/2016
CENTRAL ADMINISTRATIVE TRIBUNAL,
MUMBAI BENCH, MUMBAI
ORIGINAL APPLICATION No.375 OF 2016
Dated this Tuesday, the 10th day of June, 2025
CORAM : HON'BLE MR. SHRI KRISHNA, MEMBER (A)
HON'BLE MR. UMESH GAJANKUSH, MEMBER (J)
1. NATWARLAL DAHYABHAI RATHOD
son of Dahayabhai Hansjibhai Rathod
(Date of Birth 05.01.1959) age:57years,
Working as: Motorman(Group "C")
under Sr.D.EE (O) Divisional Railway Manager (DRM),
Western Railway, Mumbai 400008, AND
residing at: 104-E, 1st Floor, Yudhisthir, N.L. Complex,
Dahisar, Mumbai 400068, State of Maharashtra.
2. K. SETHUMADHAVAN
son of K. Bhaskara Panicker
(Date of Birth: 24.10.1948) age:67 years,
Retired on 31.10.2008,
worked as: Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: 202, 2nd Floor, Phoenix Enclave,
Pahadi Village, Goregaon (East), Mumbai 400063,
State of Maharashtra.
3. PREM PRAKSH JHA son of GUR DATT JHA
(Date of Birth: 12.06.1951) age:65 years,
Retired on 30.06.2011,
worked as: Sr.Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: A-701, 7th Floor,
Fragrance Garden City, Mira Road, District Thane,
State of Maharashtra. Pin code -401 107.
4. KRISHAN MOHAN SHARMA
Digitally signed by Khushboo Mittal Gupta
Khushboo
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b,
Phone=
8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92,
PostalCode=411060, S=Maharashtra, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639,
CN=Khushboo Mittal Gupta
Mittal Gupta Reason: I am the author of this document
Location:
son of Shri Jugendra Pal Sharma
Date: 2025.06.11 14:32:36+05'30'
Foxit PDF Reader Version: 2025.1.0
(Date of Birth: 01.01.1952) age:64 years,
Retired on 31.12.2011,
2 OA No.375/2016
worked as: Sr.Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: AB-404, 4th Floor, Essbel CHS Ltd.,
Lokhandwala Township, Kandivali (East),
Mumbai 400101, State of Maharashtra.
5. RAMESH KUMAR SHARMA
son of JAGANNATH PRASAD SHARMA
(Date of Birth: 16.07.1951) age:65 years,
Retired on 30.07.2011,
worked as: Chief Loco Inspector (Group "C")
under Sr.DEE (O) BCT, Western Railway,
Mumbai 400020, AND residing at: F-101, 1st Floor,
Country Park, Borivali, Dattapada Road, Mumbai 400066,
State of Maharashtra.
6. ASHOK KUMAR HASIJA
son of Shri Ganpat Rai Hasija
(Date of Birth: 11.04.1951) age:65 years,
Retired on 15.10.2011, worked as: Sr.Motorman
(Group "C") under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020, AND
residing at: 402, 4th Floor, Bldg. No.2,
Shri Ram Sankul Society, Nallasopara (East),
District - Palghar, State of Maharashtra. Pin code 401209.
7. NARENDRA KUMAR MORARJI BHAI RATHOD,
son of Morarji bhai Mavji bhai Rathod
(Date of Birth :01.05.1953) age: 63 years,
Retired on 30.04.2013, worked as: Sr.Motorman
(Group "C") under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: 201-A, 2nd Floor,
Sahyadri, Sector-II, VasantNagari, Vasai (East), Palghar,
State of Maharashtra. Pin code - 401 208.
8. RAVINDRA MADHUKAR DESHPANDE
son of MADHUKAR N. DESHPANDE
(Date of Birth: 15.10.1953) age:62 years,
Retired on 30.10.2013, worked as: Sr.Motorman
Digitally signed by Khushboo Mittal Gupta
Khushboo
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b,
Phone=
8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92,
PostalCode=411060, S=Maharashtra, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639,
CN=Khushboo Mittal Gupta
Mittal Gupta Reason: I am the author of this document
Location:
(Group "C") under Chief Loco Inspector, Churchgate,
Date: 2025.06.11 14:32:36+05'30'
Foxit PDF Reader Version: 2025.1.0
Western Railway, Mumbai 400020, AND
residing at: 303-D, 3RD Floor,
3 OA No.375/2016
Rail Nagar, Vazeera, Borivali (West), Mumbai 400091,
State of Maharashtra.
9. RAMESH SHANKERNARAYAN RAO
son of S.V. SHANKERNARAYAN RAO
(Date of Birth: 14.12.1953) age:62 years,
Retired on 31.12.2013, worked as: Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020, AND residing at: C-1,
604, Bhimashanker Co-op. Hsg. Soc., Sector NO.19-A,
Nerul, Navi Mumbai, District - Thane, 400706
State of Maharashtra.
10. ABDUL MAJID ANSARI
son of MOHAMMED RAMZAN
(Date of Birth: 01.01.1950) age:66 years,
Retired 31.12.2009 worked as: Chief Loco Inspector
(Group "C") underSr.D.Ε.Ε. (Operation) BCT,
Western Railway, Mumbai 400008, AND residing at 102,
1st Floor, Kohinoor Co-op. Hsg. Society,
VinobaBhave Nagar, Kurla (West), Mumbai -400070.
11. ALOK KUMAR DAS
son of Late ACHUTANANDA DAS
(Date of Birth: 16.07.1952) age:64 years,
Retired on 31.07.2012, worked as: Sr.Motorman
(Group "C") under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: 24, 4TH Floor,
Kandivali Gurudatta C.H.S. M.G.Road, Dhanukarwadi,
Kandivali (West), Mumbai 400067, State of Maharashtra.
12. KRISHNA KUMAR GUPTA son of Ramesh Chand Gupta
(Date of Birth: 03.10.1950) age:65 years,
Retired on 31.10.2010, worked as: Sr.Motorman
(Group "C") under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: 3-F/162, 16th Floor,
Jasper Kalpataru Aura, LBSMarg, Ghatkopar (West),
Digitally signed by Khushboo Mittal Gupta
Mumbai 400086, State of Maharashtra.
Khushboo
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b,
Phone=
8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92,
PostalCode=411060, S=Maharashtra, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639,
CN=Khushboo Mittal Gupta
Mittal Gupta Reason: I am the author of this document
Location:
13. GURUDATT MISHRA
Date: 2025.06.11 14:32:36+05'30'
Foxit PDF Reader Version: 2025.1.0
son of SHRI BUDDHISAGAR MISHRA
(Date of Birth: 30.06.1955) age:60 years,
4 OA No.375/2016
Retired on 30.10.20015, worked as: Sr.Motorman
(Group "C") under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020, AND
residing at: 63-A,702, 7th Floor,
Karan Shanti Nagar CHS Ltd., Mira Road (East),
Sector-1, Shantinagar, District -Thane-401107,
State Maharashtra.
14. AKHILESH KUMAR MISHRA
son of SHREE GOPAL MISHRA
(Date of Birth: 11.07.1955 age:61 years,
Retired on 31.07.2015, worked as: Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at :Flat NO.11, 1st Floor, Vyadh Srishti,
Sector NO.3, Near Surya Shopping Centre,
Mira Road (East), District - Thane - 401 107,
State Maharashtra.
15. JAI PRAKASH VERMA son of RANJIT SINGH
(Date of Birth: 20.01.1959) age:57 years,
working as :Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: Flat No.003, Ground Floor,
Shantinagar Housing Society, Mira Road (East),
District -Thane-401 107, State Maharashtra.
16. RANJAY KUMAR BHATTACHARYA
son of SAILENDRA NATH BHATTACHARYA
(Date of Birth: 10.04.1957) age:59 years,
working as: Sr.Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai400020,
AND residing at: D-104, Bhoomi Valley Co-op.Hsg. Soc.,
Thakur Village, Kandivali (West), Mumbai 400101,
State Maharashtra.
17. UDAY NARAYAN SINGH
son of LATE SHRI RAJ MANGAL SINGH
(Date of Birth: 01.12.1956) age : 60 years,
Digitally signed by Khushboo Mittal Gupta
Khushboo
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b,
Phone=
8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92,
PostalCode=411060, S=Maharashtra, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639,
CN=Khushboo Mittal Gupta
Mittal Gupta Reason: I am the author of this document
Location:
working as: Sr.Motorman (Group "C")
Date: 2025.06.11 14:32:36+05'30'
Foxit PDF Reader Version: 2025.1.0
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
5 OA No.375/2016
AND residing at: Flat No.C/601, 6th Floor,
West View Co-op.Hsg.Soc.Ltd., Charkop,
Kandivali (West), Mumbai 400067, State Maharashtra.
18. DHARAMPALAN K.P.
son of DALAN K. (Date of Birth: 30.05.1957)
age: 59 years, Retired on 05.09.2013,
worked as: Sr.Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: A-203, Snaha Nagar, Phase-2,
Nile Gaon, Nallasopara (West),
District: Palghar -, State Maharashtra. Pin Code-401203.
19. SEKHAR KUMAR ROY
son of late Sushil Chandra Roy
(Date of Birth: 02.02.1955) age:61 years,
Retired on 28.02.2015, worked as: Sr.Motorman
(Group "C") under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: Flat No.A-1102, 11th Floor,
Bhoomi Legend, Kandivali (East), Akurli Road,
Sambhaji Nagar, Poisar, Mumbai 400101,
State of Maharashtra.
20. ABHIJIT BHATTACHARYA
son of AmiyoBhusan Bhattacharya
(Date of Birth: 17.09.1954) age:62 years,
Retired on 30.09.2014, worked as: Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: Flat NO.101, 1st Floor,
Krishna Raj, Vasai, Taluka-Vasai, District-Palghar,
State Maharashtra, Pin Code - 401 202.
21. SATISH KUMAR SINGH
son of Shri Daulat Singh (Date of Birth: 13.01.1958)
age:58 years, working as: Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at Flat No.24/A, 3rd Floor,
Digitally signed by Khushboo Mittal Gupta
Khushboo
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b,
Phone=
8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92,
PostalCode=411060, S=Maharashtra, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639,
CN=Khushboo Mittal Gupta
Mittal Gupta Reason: I am the author of this document
Location:
Shivam Apartments, Near Durgamata Mandir,
Date: 2025.06.11 14:32:36+05'30'
Foxit PDF Reader Version: 2025.1.0
Katemanivali, Kalyan (East), District - Thane - 421306,
State Maharashtra.
6 OA No.375/2016
22. ABDUL RAZAK
son of Abdulla (Date of Birth: 05.04.1957)
age:59 years, working as: Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: Flat No.B-404, 4th Floor,
Asmita Garden-1, PoonamSagar Complex, Mira Road
(East), District Thane-401 107, State Maharashtra.
23. ABDUL AZIZ P.E.
son of Aboobacker (Date of Birth: 16.10.1954)
age:61 years, Retired on 31.10.2014,
worked as: Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: Flat NO.201, 2nd Floor,
Lavista Apartment, PoonamSagar, Mira Road,
District - Thane -401 107, State Maharashtra.
24. MANOHAR SINGH YADAV
son of GhanaramYadav (Date of Birth: 04.03.1955)
age:61 years, Retired on 31.03.2015,
worked as: Motorman(Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: 303, 3RD Floor,
Tipsy-TopsyCoop.Hsg.Soc., Ulhasnagar,
Near Sathya Sai Niketan High School,
Sambhaji Chowk, Ulhas Nagar,
District -Thane-421004, State Maharashtra.
25. BHUWAN SAI JHAMP
son of Late Shri Paraha Ram Jhamp
(Date of Birth: 20.05.1954) age:62 years,
Retired on 31.05.2014,
worked as: Sr.Motorman (Group "C")
under Chief Loco Inspector, Churchgate,
Western Railway, Mumbai 400020,
AND residing at: Flat No.704, 7th Floor,
Olympia, Mira Road, District - Thane, Pin Code 401 107
State Maharashtra. - Applicants
Digitally signed by Khushboo Mittal Gupta
Khushboo
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b,
Phone=
8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92,
PostalCode=411060, S=Maharashtra, SERIALNUMBER=
870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639,
CN=Khushboo Mittal Gupta
Mittal Gupta Reason: I am the author of this document
Location:
Date: 2025.06.11 14:32:36+05'30'
Foxit PDF Reader Version: 2025.1.0
(By Advocate Shri R.G.Walia)
7 OA No.375/2016
Versus
1. The Union of India, Through-General Manager,
Western Railway, Headquarters' Office,
Churchgate, Mumbai 400020.
2. Divisional Railway Manager (DRM), DRM's Office,
Western Railway, Mumbai Division, Mumbai Central,
Mumbai 400 008. - Respondents
(By Advocate Dr. V.S.Masurkar)
Reserved on 30.04.2025
Pronounced on 10.06.2025
ORDER
Per : Umesh Gajankush, Member (J)
The present Original Application has been by the applicant under Section 19 of the Administrative Tribunals Act, 1985 by seeking the following reliefs :
"8(a). This Hon'ble Tribunal will be pleased to quash and set aside the impugned letter dated 28.01.2016. 8(b). This Hon'ble Tribunal will be pleased to hold and declare that the Applicants and other similarly placed Motormen are entitled to the benefit of IIIrd MACP (Modified Assured Career Progression) Scheme in Grade Pay of Rs.5400/- in the pay band of Rs.9300-34800/-. 8(c). This Hon'ble Tribunal will be pleased to Order and direct the Respondents to calculate the arrears due to Applicants after granting the benefits of IIIrd MACP (Modified Assured Career Progression) Scheme in Grade Pay of Rs.5400/- in the pay band of Rs.9300-34800/- from the date when the Applicants completed 30 years of service Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta as and by way of IIIrd MACP with 18% interest upon the Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 arrears to be paid to the Applicants.8 OA No.375/2016
8(d). Any other and further orders as this Hon'ble Tribunal may deem fit, proper and necessary in the facts and circumstances of the case.
8(e). Costs of this Original Application be provided for."
2. Brief facts of the case are that the applicants herein are retired and working as Motormen with Headquarters Office at Churchgate in the Western Railway. Their jobs include Driving of Local Suburban Trains of the Suburb section of Mumbai Division.
The pay Band of the category of Motormen is Rs.9,300-34,800/-
with Grade Pay of Rs.4,200/- as initially in sixth CPC.
2(a). Applicants were initially appointed in the Railway service as Chargeman in the Electrical Department of the Western Railway.
They were all selected by Railway Recruitment Board directly as Chargeman in the then Pay Scale of Rs.425-700/-. They are Diploma holders. The post of Chargeman is in Class III category which is now called Group "C" post and is a Non-Running Category. Running Category Includes Drivers, Shunters, Guards etc. 2(b). Applicants state that, however, the Railway Administration invited applications from Serving Railway Employees including the category of chargemen, to be recruited and appointed as Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= Motorman which is a Running Category and Motormen are called 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 as Running Staff. The category of Motormen is different from 9 OA No.375/2016 Chargeman. The post of Chargeman is a Stationary post whereas the Motormen is a Running Category Post. According to the notification and after selection, the chargemen were given a training of one year as Motorman before they were appointed as Motorman.
2(c). All the Applicants herein were selected and after due training of one year they were regularly appointed as Motormen in the then pay scale of Rs.550-700/- (3rd pay commission) which subsequently became Rs.1,600-2,660/- in the 4th Pay Commission and 5th Pay Commission Rs.5500-9000/- and In 6th pay commission this scale became Rs.9,300-34,800/- + (GP) Rs.4,200/-.
2(d). Applicants state that there was no promotion in the category of Motormen and the Motormen remained Motormen throughout his service career. With a view to mitigate this challenge and for the benefit of those categories which did not get any promotion in First 12 years of service were given 1st Financial Upgradation as and by way promotion though it was not actual promotion but for financial benefits. Thereafter, after completion of 24 years of service, if an employee did not get a promotion, he would be given 2nd Financial Upgradation in Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 accordance with the ACP (Assured Career Progression) Scheme. 10 OA No.375/2016 The Railway Board issued a Circular dated 01.10.1999 (Annexure A-2) to effectuate the said Scheme of ACP wherein 2nd Financial Upgradation were given in the circumstances mentioned therein.
2(e). Accordingly, all the Applicants got 1st and 2nd Upgradation to the next higher pay scale on completion of 12 years' service, and on completion of 24 years' service from the date they were absorbed/recruited as Motormen as per applicability. This scheme was available and made applicable upto 31.08.2008. As there was no concept of Pay Grade at that time, the benefit of Financial Upgradation were given in the next higher pay scales. Thus, the Applicants were given Financial Upgradation in the pay scales of Rs.6,500-10,500/- on completion of 12 years of service. 2(f). Applicants state that, however, after the implementation of the 6th CPC recommendations, another Scheme was introduced which was called MACP (Modified Assured Career Progression) Scheme with effect from 01.09.2008, which introduced concept of Pay Grades instead of Pay scales and various pay scales were merged into common pay bands as applicable to respective categories. The Pay Band of the categories of Motorman was Rs.9,300-34,800/-. The pay scales in the 6th CPC were Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 implemented with effect from 01.01.2006. 11 OA No.375/2016 2(g). The most important difference between the earlier ACP Scheme and later MACP (Modified Assured Career Progression) Scheme was that in the ACP Scheme only two Financial Upgradation were permissible i.e. after 12 years and then 24 years, but in the MACP (Modified Assured Career Progression) Scheme there are three Financial Upgradations i.e. after 10 years, 20 years and 30 years, which Upgradation given to the next higher Grade Pay and Pay Band (pay grades) though earlier it was higher pay scales. Annexure "A3" a copy of the MACP (Modified Assured Career Progression) Scheme dated 10.06.2009, which made applicable from 1.9.2008.
2(h). All the Applicants were in service on 01.09.2008 when this Scheme of MACP (Modified Assured Career Progression) Scheme introduced and came into force. As such, they were entitled to the benefit of MACP (Modified Assured Career Progression) Scheme particularly 3rd Financial Upgradation as it was made applicable during their service.
2(i). Applicants submit that that they had the benefit of 1st and 2nd Financial Upgradations according to the earlier ACP Scheme and they also became entitled for the 3rd Financial Upgradation according to MACP (Modified Assured Progression Scheme), on Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 completion of 30 years of service because during 30 years of 12 OA No.375/2016 service they did not get any promotion (One Grade Pay of Rs.4,200/- in Pay Band-2 as per para 5) as the scales got merged into one Pay Band-II Para 5 of Annexure of MACP (Modified Assured Career Progression) Scheme dated 10.06.2009, which has been denied to them and this action is illegal, wrong and challenged herein.
2(j). Applicants state that they were initially recruited as Chargeman and the category of Motormen was not in their regular channel of promotion. As such, in the normal course, the post of Motorman was not available to them. As a Chargeman, they were entitled to the promotion of Assistant Foreman and Senior Foreman. On the other side, the category of Motormen was a Direct Recruitment from the Railway Service Commission and there was no promotion available to the Category of Motormen after having been selected and recruited as Chargeman. In the normal course, one extra increment is given in the normal channel of promotion which was not given and which proves that it was not a promotion but lateral induction. 2(k). However, the Respondents felt it necessary to select Motormen from the other categories of chargeman or other Technical categories and Stationary Categories. Annexure "A6" Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 vide Notification dated 04.05.1983 by which Chargeman and 13 OA No.375/2016 other Serving Railway Employees were taken as Motormen by way of Direct Recruitment through Departmental Examination. As this was not in accordance with the channel of promotion of the category of Motormen the SO Railway itself described it as Direct Recruitment and not as Promotion.
2(l). Applicants submit that as the aforesaid appointment to the category of Motormen from the category of Chargeman was not promotion, it cannot be counted towards promotion for the purpose of ACP (Assured Progression Scheme) or MACP. It is further submitted that by letter dated 10.12.2015 (Annexure A-7), the Divisional Railway Manager wrote to the Headquarter Office that the appointment of a Chargeman to the post of Motorman is lateral induction and not promotion, so it should not be counted and is required to be ignored for the purpose of grant of benefit under MACP as this does not involved change of grade pay or otherwise.
2(m). Applicants submit that accordingly their initial grade pay as Motormen is Rs.4,200/- and next Financial Upgradation is to the pay scale of Rs.4,600/- and, thereafter, to the pay Scale of Rs.4,800/- and 3rd Upgradation on completion of 30 years for the benefit of MACP is Rs.5400/-. However, the Respondents have Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 given the grade pay of Rs.4800/- as 3rd MACP which is wrong 14 OA No.375/2016 and illegal. The prayer of the Applicants herein is that they should be given Rs.5,400/- as 3rd MACP benefit from 01.09.2008 onward. 2(n). Applicants further state that Western Railway Headquarter under letter dated 01.11.2011 advised the Mumbai Division of Western Railway that a reference has been made to the Railway Board in this respect and also admitting that the category of Motormen is very much part of Running Category of the AVC as prescribed in Indian Railway Establishment Manual) IREM. 2(o). Applicants state that on 26.10.2015, representation was submitted for granting them benefits of 3rd MACP (Modified Assured Career Progression) Scheme in the Grade Pay of Rs.5,400/-. However, since impugned communication dated 28.01.2016 was issued. Therefore, the applicant has filed this OA.
3. After notice, the official respondents have filed their reply and contested the OA. It is stated that, at the outset, 25 applicants are seeking 3rd MACP in Grade Pay of Rs.5,400/- in the pay band of Rs.9,300-34,800/- and also challenging order dated 28.01.2016. It is clear from the OA that none of the 25 applicants have preferred any representation and have directly approached this Tribunal. Thus, the applicants have not exhausted the departmental remedy as statutorily stipulated in Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 Section 20 of the Administrative Tribunal Act, 1985. The page 46 15 OA No.375/2016 of the OA is a communication from GM(E) to DRM (E), BCT and not addressed to the applicants and, thus, the said letter dated 28.01.2016 cannot be cause of action for these applicants.
Therefore, the OA is liable to be dismissed.
3(a). It is stated by the respondents that the reliefs sought for by applicants in prayer clause page 35 of the OA, does not specify as to from what date they are entitled for III RD MACP. Thus, the relief clause is deliberately kept vague. It is, therefore, submitted that the OA is liable to be dismissed on this ground as well. It is submitted that the order dated 28.01.2016 is internal correspondence from the Headquarters' office to the DRM office, and it is not addressed to the any of the applicants in the OA. In any case, the OA is devoid of merit and therefore liable to be dismissed.
3(b). It is stated that the cause of action arose in the year 2009 and OA filed on 20.04.2016, suffers from delay and laches and on this ground also, the OA is liable to be dismissed.
3(c). In the year 1982-1983, in order to maintain the suburban services in Mumbai Division as per the urgent need, it was decided to fill up the vacancies from the working staff of Western Railway as per the preference given as Drivers and Shunters, Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 employees possessing Diploma in Electrical/Mechanical/ 16 OA No.375/2016 Electronics Engineering working highly skilled Grade II and higher Grades possessing ITI certificate in specified trades, Firemen Grade 'A'/Diesel/Electrical Assistant Driver as a onetime exemption due to shortage of Motorman. Accordingly, applicants were selected from the category of Chargeman. 3(d). As regards to promotion of Motorman, it is stated that in terms of Railway Board's guideline issued under RBE No.106/1993 Letter No.PC-III/93/CRC/1 dated 14.07.1993, total Board has decided that the cadres of Drivers and Guard in the Transportation Department have been upgrades, in that 20% of posts in the various grades thereto have been placed in the next higher grade. Accordingly, 20% posts of Motorman in the then scale Rs.1,600-2,660/- has been upgrades to Sr. Motorman in the then scale Rs.1,640-2,900/-. The Avenue of promotion of Motorman is shown as under :
"The AVC of Motormen is as under:-
Motorman Rs. 5500-9000
V } Rs.9300-34800+4200GP (Merged)
Sr. Motorman Rs. 6000-5800
V
Loco Inspector Rs. 6500-10,500
V } Rs. 9300-34800+4600 GP
Digitally signed by Khushboo Mittal Gupta
Khushboo
DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Chief Loco Inspector Rs. 7450-11,500) (Merged)"
Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 17 OA No.375/2016 3(e). The applicants have been extended the benefit of financial upgradation under ACP scheme as per direction of this Court to grant the pay scales Rs.6,500-10,500/- and Rs.7,450-11,500/- as first and second financial upgradation to all litigants. This was in contradiction to Railway Board's letter No. PC-V/22/CC-29/WR dated Rs.5,500-9,000/- is eligible for first financial upgradation to the next higher scale Rs.6,000-9,800/-, the scale which would have been otherwise granted under regular promotion. Since the Writ Petition before the Hon'ble Court which was dismissed concluding that the Tribunal was right holding that the grade was given as upgradation in the same category of Motorman cannot be counted towards upgradation under the ACP. Hence the judgment was implemented and all the applicants were given the benefit of financial upgradation in the pay scales Rs.6,500- 10,500/-.
3(f). It is stated that the applicants were working as Chargeman in the then Pay Scale Rs.425-700/- and then inducted as Motorman through departmental selection in the then scale Rs.550-700/5,500-9,000/-. The applicants have completed 30 years of service and have been granted 3rd MACPS in the Grade Pay Rs.4,800/- by counting their posting from Chargeman to Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 Motorman as one promotion and one ACP in pre-revised scale 18 OA No.375/2016 Rs.6,500-10,500/Grade Pay Rs.4,600/- for the purpose of grant of benefit under MACPS. This has been done in terms of Para 8 of the of Annexure "АЗ" to this OA which spells that promotional hierarchy as per Recruitment rules shall be counted for the purpose of MACPS.
3(g). It is submitted that in the 1983, Bombay Division of Western Railway had issued a notification to fill up the vacancies of Motormen from the deferent category of various departmental of Western Railway as a onetime exemption due to shortage of Motorman, in the exigencies of service and train operation. It is found from available record that most of the applicants who have been initially appointed as Chargeman in the then scale Rs.425- 700/- and promoted to the post of Chargeman 'A' in the then scale Rs.550-750/- with the benefit of promotional increment. Some of the applicants who have been initially appointed as Chargeman in the then Scale Rs.425-700/- and then promoted as Motorman with the benefit of promotional increment. Therefore, it is proved that it was promotion and not lateral induction. 3(h). It is stated that the applicants were working as Chargeman in the then Pay Scale Rs.550-700/- and then inducted as Motorman through departmental selection in the then scale Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 Rs.425-700/5,500-9,000/-. The applicants have completed 30 19 OA No.375/2016 years of service and have been granted 3rd MACPS in Grade Pay Rs.4,800/- by counting their posting from Chargeman to Motorman as one promotion and one ACP in pre-revised scale Rs.6,500-10,500/Grade Pay Rs.4,600/- for the purpose grant of benefit under MACPS.
3(i). It is stated that as per Railway Board's guideline as Annexure "A3" of this OA, the benefit of 3rd MACPS was extended to direct recruit Motorman on completion of 30 years' service from the initial recruitment as Motorman in the grade pay of Rs.4,200/-. Whereas applicants who have been initially appointed as Chargeman in the then scale Rs.425-700/- and promoted to the post of Chargeman 'A' in the then scale Rs.550- 700/- with the benefit of promotional increment. Some of the applicants who have been initially appointed as Chargeman in the then scale Rs.425-700/- and then promoter as Motorman with the benefit of promotional increment. Hence, the same principle cannot be followed in the case of applicants. 3(j). It is submitted that the applicants were working as Chargeman in the then Pay Scale Rs.550-700/- and then inducted as Motorman through departmental selection in the then scale Rs.425-700/5,500-9,000/-. The applicants have completed Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 30 years of service and have been granted 3rd MACPS in Grade 20 OA No.375/2016 Pay Rs.4,800 by counting their posting from Chargeman to Motorman as one promotion and one ACP in pre-revised scale Rs.6,500-10,500/- with Grade Pay Rs.4,600/- for the purpose grant of benefit under MACPS. This has been done in terms of Para 8, Annexure A3, to this OA which spells that Promotion earned in the post carrying same Grade Pay in the promotional hierarchy as per Recruitment rules shall be counted for the purpose of MACPS. On the basis of reply, the official respondents have prayed for dismissal of OA.
4. Thereafter, rejoinder and sur-rejoinder have been filed by the respective parties reiterating and elaborating their stand.
5. We have heard the learned counsels for the parties and perused the pleadings and documents available on record.
6. Learned counsel for the applicant vehemently argued that non-grant of Grade Pay of Rs.5,400/- on completion of 30 years of service under MACP (Modified Assured Career Progression) Scheme is arbitrary and illegal. It is contended that the applicants are entitled to Grade Pay of Rs.5,400/- on the ground that the first MACP is to be counted in Grade Pay of Rs.4,600/-
and the second MACP in the Grade Pay of Rs.4,800/- and 3rd MACP of Rs.5,400/- on completion of 30 years of service should Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 be given in the Grade Pay of Rs.5,400/-.21 OA No.375/2016
6(a). It is contended that the reasons given in the impugned order dated 28.01.2016 is illegal as all the previous pay scales have been merged in a common Pay Band of Rs.9,300-34,800/-. It is contended that the pay scale of Chargeman and pay scale of Motormen have been now merged into one and common pay band of Rs.9,300-34,800/- (Grade Pay of Rs.4,200/-) as initial and as such, all previous promotion, if any, are to be ignored. 6(b). It is submitted that the applicants were not given the benefit of one increment when they were appointed as Motormen. While relying upon the order of this Central Administrative Tribunal, Mumbai Bench in OA No.464/2006 decided on 06.07.2007, it is vehemently contended that this Tribunal has categorically held that the appointment of the applicants as a lateral entry on the post of Motormen is not a promotion but a direct recruitment and, in fact, the aforesaid order was implemented by the official respondents while granting the benefit of ACP. However, again the official respondents are raising the same issue for grant of 3rd MACP after completion of 30 years.
6(c). Learned counsel for the applicant while drawing our attention to the order dated 04.05.1983 (Annexure A-6) submits Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 that the subject of the said letter categorically in terms states that 22 OA No.375/2016 "it was a Direct Recruitment and Training of Apprentice Motormen / Electrical (TR) Department, Bombay Division" and, therefore, the stand of the respondents that the applicants were promoted from the post of Chargeman to the post of Motormen is contrary to the record.
6(d). It is further contended that the order dated 10.12.2015 (Annexure A-7) clearly shows that the benefit of 3rd MACP was granted to the Motormen in Grade Pay of Rs.5,400/- in Mechanical Department of BCT to such Motormen / employees who were appointed directly on the basis of Motormen. However, the said benefit was declined to the present applicants in spite of the fact that they are also inducted by way of lateral entry to the post of Motormen after following due process of selection. Therefore, the impugned order / action of the respondents is arbitrary and discriminatory and is violative Article 14 and 16 of the Constitution of India.
7. On the other hand, learned counsel for the respondents, on the basis of reply vehemently argued that firstly the present Original Application is hopelessly barred by limitation and liable to be dismissed only on this ground. It is further contended that the impugned communication dated 28.01.2016 is internal Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 correspondence from Headquarters Office to DRM Office and it 23 OA No.375/2016 is not addressed to any of the applicants.
7(a). Further, challenging the aforesaid order dated 28.01.2016, the applicants have not preferred any of the representations and directly approached to this Tribunal without exercising departmental remedy as stipulated under Section 20 of the Administrative Tribunals Act, 1985. On this ground also, the OA is liable to be dismissed.
7(b). On merits, it is submitted that in the year 1983, Bombay Division of Western Railway had issued a notification to fill up the vacancies of Motormen of the different category of Western Railway as one time exception due to shortage of Motormen in the exigencies of service and Train Operators. 7(c). It is further contended that the applicants who have been initially appointed as Chargeman in the pay scale of Rs.550-750/- and promoted to the post of Chargeman "A" in the then scale of Rs.550-750/- with the benefit of promotional increment. Some of the applicants who have been initially appointed as Chargeman in the then scale of Rs.425-700/- and then promoted as Motormen with the benefit of promotional increment, therefore, according to the learned counsel, it was a promotion and not lateral induction.Digitally signed by Khushboo Mittal Gupta
Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 24 OA No.375/2016
8. After hearing learned counsels for the parties and after perusal of the record, so far as, the contention of the learned counsel for the respondents with regard to delay is concerned, the present Original Application has been filed challenging the communication dated 28.01.2016 (Annexure A-1) in which operative part of the communication, records that "accordingly from above these employees have got promotion on 04.04.1985 in 4200GP, 2nd MACP on 01/10/1999 of 4600GP & 3rd MACP on 01/9/2008 of 4800GP. Therefore, these Motormen are not due for MACP of 5400(GP) as they have got 3rd and last MACP of 4800 GP as per present MACPS".
9. It is true that although in paragraph Nos.4.16 to 4.21, the applicants have made averment in respect of some representation dated 26.10.2015, however, no copy of the aforesaid representation has been placed on record by the applicants for the reason best known to them. From the impugned communication dated 28.01.2016 (Annexure A-1) also it is not clear that whether applicants so-called representation dated 26.10.2015 was taken into consideration by the said authority or any other representation because starting of the said letter states that the representation of the Motormen received Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 vide reference No.1 was considered. The fact remains that 25 OA No.375/2016 looking to the subject of the impugned communication, it is clear that the subject was in respect of "MACP benefit Scheme / issue regarding grant of 3rd MACP benefit to the Motorman in GP Rs.5400 Mech Deptt BCT Division".
10. Since it is not in dispute that the applicants were working on the post of Motormen in BCT Division and, therefore, in view of the findings recorded in the various un-numbered para of the impugned order dated 28.01.2016 is certainly affecting the right of the applicant to get the benefit of 3rd MACP in the Grade Pay of Rs.5,400/-, which is under challenge. Taking note of the aforesaid, the contention raised by the respondents in respect of delay and barred by limitation is not sustainable. In fact, by challenging the impugned communication dated 28.01.2016, the present Original Application has been filed on 20.04.2016 within the prescribed period of limitation.
11. So far as, merits of the case is concerned, the issue whether the appointment / lateral induction of the applicants on the basis of Motormen from the post of Chargeman was promotion or direct recruitment, the aforesaid controversy was already concluded vide order dated 06.07.2007 passed in OA No.464/2006 by the CAT Bombay Bench, Bombay and the Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 relevant paragraphs of the aforesaid order are reproduced herein 26 OA No.375/2016 below :
"15. Thus, it is evident from the above orders and judgements that the scale of Rs.6000-9800 is not a standard scale and hence it is to be ignored for the purpose of ACP scheme. As such, we hold that all the applicants are entitled to first upgradation after
12 years of service in the pay scale of Rs.6500-10500 and second upgradation after completion of 24 years of service in the pay scale of Rs.7450-11500 as has already been held in earlier OA No.247/2001 and O.A.No.704/2004.
In fact, the ACP Scheme was introduced by the Railway Administration under their letter dated 01.10.1999 to grant two financial upgradations to those employees who did not get any promotion within a period of twelve years and twenty four years of their service. The scheme was considered to be a safety net to deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues. It was, thus, laid down that the employees who did not get promotion within the first twelve years of their service from the date they were appointed as a direct recruit in a grade would get the next financial upgradation to the higher scales. The second upgradation would be given to those employees who did not get any promotion within a period of twenty four years of their service. This scheme was however unconnected with the availability of vacancies. The scheme also laid down in para 4 and 5 of the order dated 01.10.1999 as under:-
"4. Introduction of ACP scheme shall, however, in no case affect the normal (regular) promotional avenues available on the basis of vacancies. Attempt needy to improve promotional prospectus in organizations/cadres on functional grounds by way of organizational study, cadre reviews etc. As per prescribed norms will not be given up on the ground that ACP scheme has been introduced.
5. Vacancy based regular promotions, as distinct financial upgradation under the ACP scheme, shall continue to be granted after following the procedure prescribed in such cases, as per relevant Rules/Guidelines."
16. The basic condition is that if an employee has not got Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, promotion during the stipulated period of twelve years and twenty four years he would be entitled to two financial upgradations. The PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 respondents themselves have implemented the scheme and granted financial upgradations to the present applicants by duly treating them as Direct Recruits by a order dated 21.9.2000 and 27 OA No.375/2016 have, inter alia, stated as under:-
"The Vth PC in its report has made recommendation relating to the certain Assured Career Progression (ACP) Scheme for the Central Government Civilian employee in all departments under the Scheme. It has been decided to grant two financial upgradation as recommended by the Vth CPC under ACP scheme for Group 'C' & 'D' employees on completion of 12 years and 24 years of regular service respectively.
The ACP Scheme envisages merely Placement to the higher pay scale/grant of financial benefits only to the Rly. Servant concerned on personal basis and shall have no relevance to his seniority position for grant of benefit under ACP Scheme, shall be counted from the grade in which an employee was appointed as a direct recruit. Two financial upgradation under ACP Scheme."
It is to be noted that this benefit of ACP granted to the applicants by respondents themselves has not been withdrawn or cancelled.
17. Although it was argued that there were promotional avenues for the applicants but the chart produced in support of this contention has never been approved by the competent authority i.e. the Railway Board for the applicants. Hence, it is apparent that the applicants are stagnating in the same post of Motormen since their appointment in 1983. The chart annexed by the Respondents with their reply does not show from date, it has been approved and implemented. In any case, this aspect is totally irrelevant as all the applicants were appointed as Motormen in 1983 itself. In this context, it is pertinent to note that applicants have annexed the relevant Recruitment Rules at Page 47 of the O.A., which were prevalent at the time of the recruitment of the applicants in 1983. A perusal of these Rules clearly shows that the only mode of recruitment for the category of Motormen was through recruitment in 1983. No other Rules have been shown to us.
18. At this stage, we may also deal with the issue of direct recruitment of the applicants raised by the respondents. The respondents have stated in the main reply as well as in para 7 of Digitally signed by Khushboo Mittal Gupta the sur-rejoinder dated 11.6.2007 that the applicants were not Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, appointed as Motorman by way Direct Recruitment and that they Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' were called for "selection as departmental candidates for the post Foxit PDF Reader Version: 2025.1.0 in question and on their placement in the select panel, they were absorbed as Motorman. In this context, it is pertinent to refer to 28 OA No.375/2016 the letter dated 4.5.1983 issued by the DRM's office Bombay Central (Western Railway) for the selection to the post of Motormen, in which the applicants were selected and appointed. Subject of this letter itself reads as :-
"Direct Recruitment and training of apprentices Motormen electrical (TR) Department - Bombay Division."
19. This letter further incumbents mentions names of various including many applicants that they have been declared suitable to undergo Motorman training and that they should undergo medical examination. Thus, it is evident that the applicants were duly considered, selected and appointed as Motorman way back in the year 1983 by way of Direct Recruitment only. It is also pertinent to note that the applicants were taken as apprentice Motormen thereby clearly establishing that they were direct Recruits.
20. This contention of the respondents is, thus, totally mis- conceived, mis-leading and belied by order dated 21.9.2000 issued by DRM's Office, Bombay Central (Western Railway) on the issue of grant of benefit of ACP to the applicants. First three paragraphs of the said memorandum clearly point out that the applicants were not only appointed but also treated as direct recruits and on that premise only they have been granted the benefit of ACP scheme (although the claim of the applicants is that the pay scale of Rs.6000-9800 should have been ignored. Moreover, this is also an admitted fact that all the applicants, on their selection and appointment as Motormen, were required to undergo apprenticeship in the first stance. It is a known fact in service jurisprudence that the concept of apprenticeship is relevant in case of Direct Recruitment and not promotion. Moreover, this position has been made sufficiently clear by the Railway Board under their clarification letter dated 11.5.2000 wherein it has been amply clarified that where there is no percentage of ranker's quota, the promotion granted to the employees because of a selection conducted through Limited Departmental Competitive Examination has to be treated as Direct Recruitment and the earlier promotions will be no bar for granting pay scales under the ACP."
12. By way of reply / sur-rejoinder or during the course of Khushboo Digitally signed by Khushboo Mittal Gupta DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta hearing, the respondents have not brought to the notice of this Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 Tribunal that the order passed in OA No.464/2006 dated 29 OA No.375/2016 06.07.2007 and the principles laid down in the said order was the subject matter of further challenge either before the Hon'ble High Court or before the Hon'ble Supreme Court. Although, the aforesaid order was in respect of grant of ACP benefit but the fact remains that similar argument was raised by the official respondents that the said applicants were promoted on the post of Motorman and not by way of direct recruitment, which was not accepted by this Tribunal.
13. Under these circumstances, since the aforesaid order attained finality, therefore, we have no reason to take a different view.
14. Now coming to the facts of the present case, as observed in the preceding paragraphs, although in paragraph Nos.4.16 to 4.21, there was a mention of representation but not filed. Further, in respect of service details of each of the applicants, applicants have placed on record document at page No.61(A) in which certain factual positions have not been disclosed by the applicant, in fact, it appears that it is a self-prepared chart disclosing only such facts which suits to the applicant. There is no mention of
(i) initial appointment / post, (ii) date of induction / promotion / direct recruitment on the post of Motorman, (iii) date of grant of Digitally signed by Khushboo Mittal Gupta Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0 first and second ACP / MACP. Without this relevant and material 30 OA No.375/2016 factual position, it would not be appropriate for this Tribunal to grant any relief as prayed in paragraph Nos.8(b), (c) and (d) of the Original Application.
15. Even while filing the reply, the official respondents have also failed to show the specific dates on which the applicants were inducted as Motormen as per official records. In service matters, grant of particular pay scale, benefit under the ACP and MACP Scheme etc. are, in fact, the pro-active actions, required to be taken by the Competent / Departmental Authority based upon the policy decisions taken by the Government and it is obligatory on the part of such authority to examine each and every case of their employee within the framework of policy and conditions laid down therein and, in fact, this is not adversarial litigation to that extent because if the Departmental Authorities examines the case of each applicants serving thereunder as per policy and extend the benefit or hold that any of the employee is not entitled due to certain conditions, then there would be less number of litigation for judicial scrutiny before the Judicial Forums. Be that as it may.
16. In view of the aforesaid discussion, the present Original Application is disposed of with the following directions : Digitally signed by Khushboo Mittal Gupta
Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
Date: 2025.06.11 14:32:36+05'30' Foxit PDF Reader Version: 2025.1.0
(a) The applicants are free to file appropriate representation 31 OA No.375/2016 before the respondents by giving each and minute details of their services and eligibility and entitlement to receive the benefit of 3rd MACP in Grade Pay of Rs.5,400/- within a period of 30 days from the date of receipt of a certified copy of this order.
(b). After receipt of the aforesaid representation / representations, the respondents are directed to pass a reasoned and speaking order taking note of the scheme / instructions, keeping in view the observations made supra within a period of 90 days from the date of receipt of a certified copy of this order.
(c). In case, there is no other impediment, the benefit of 3rd MACP shall be released to the applicants. However, the arrears should be restricted for a period prior to three years of filing of the present Original Application. Meaning thereby, applicants will be entitled for arrears from 20.04.2013 (i.e. prior to 20.04.2016 till filing of the date of the present Original Application).
(d). With the aforesaid, the OA is disposed of to the extent indicated above with no order as to costs.
(e). Pending MAs, if any, stand closed.
Digitally signed by Khushboo Mittal Gupta
Khushboo DN: C=IN, O=Personal, OID.2.5.4.65=6dbe5c2d6885491895b4fb8ef3642a0b, Phone= 8985c11fad2960cfbb159f98c2764347c7a4ffbc50d436d4fe5701484c759b92, PostalCode=411060, S=Maharashtra, SERIALNUMBER= 870759ef2f1952335c4269bf3698e2204e6521bc46faf0d3fefceadf0c12c639, CN=Khushboo Mittal Gupta Mittal Gupta Reason: I am the author of this document Location:
(UMESH GAJANKUSH) (SHRI KRISHNA)
Date: 2025.06.11 14:32:36+05'30'
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MEMBER (J) MEMBER (A)
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