Central Administrative Tribunal - Madras
K Dhanagopal vs M/O Railways on 10 March, 2023
Len, MADRAS SENCH : ; Sees cS 3 Se ee Weg Se Ree KRIS RAE PAE DATED THIS THE /é& DAY OF MARCH TWO THOUSAND TWENTY THREE PRESENT: 2ASWARAJ PATNE, MEMBER (J) Q ue K. Dhanegopal, Chief Controller, Omfios of the Chief Control Chennal Division, Southe NGO Annexue, Park Town, Se vay; : SAnersod O03 «> Applicant S$} Union af India rep. 8 Raivay Board, : New Delhi - 110 601. 2} The General Manager, Southern Railway, Park Town, Chennai - 600 603. 88 Secretary, 3} The Divisional Railway. Chennai Division, Southern Railyey, NC Park Town, Chennal - O83, sonnel Officer, Rahway, a, Chennai - 600 003, Respondent, A Brod The Senior Divisio: Chennal Division, S NGO Annexe, Park To Sy Advocate ¢ Mrs Meera Gnanasekar. ORDER
{Pronounced iby Hon'ble Mr. 7, Jacob, Member (A) on Sled dy the anplicant under Sec. 19 of the ay cal B for he records peee as BL ee ke ee:
65 lene t ny S y oF be 1 apole plicant at CRS ; Yin scale 2° $5 oo : "9¢ ae eR) as on 81 OF 2UOS as accepted v order by fh Hs Hon' ;
310/ 0022 SRO at ie 16 5460 - P4800 6 GP), relly the SE On OLLOS 2009 by pay the consequent pass Such other orderforders as this He tend proger enc thus fo re ty 5 <The brief of the case submitted by the aonlicant are as fol The Apolicant while working as Station Master Gr If was PPOMnoiext fo wee SibUty, Sut due Geation of Pay was HOt grantec. On the intervention of tis Tribunal Sarough an order in OA 442 of 2011, He was extended with the bensfit. Bub while Ring: Als was aso not looked y Woon BS approaching this TH the pespondants regresentation 88 per r sisequently the respondents fixed Ais gay bot in the process of working 'is further pay, he was denied the benefit of o ferpretation of cules governing MACP Scheme. MACE Scheme due to mis! Wille he should have bean extended with MACP bene cS HS iS stigulabed in para 5 of Annexure ta MACE Scheme Imolementation orler in BBE LOL s2008, he wes denied benefit c tg para & of the rules wrongly and passed the impugned onlers: hence £ Griginal Anolication is orefsired before this TAbunal for interventi fon and Go fonder justios.
3. The applicant hag snusht the aforesaid reflef inher alia, on the following grounds: -
a. impugned denial to revise the pay fixed erroneously when rules provide for such @ Baneft is arbitrary, against all cannons of law ard henre unsustainable in law. &. The applicant afher Qwo years of frgining as Traffic Apprentice has foined it Ute Substantive post as Assistant Station Master on (5.01.1989 in scale Bs. 5000-8000 which is ac ed with PS-2 (9200-24800) with GP S200 anc continued in the SAME Scale of pay as such he is unt! implementation of MACE scheme on O1.09.2008, eligible for First Financial Us-oradation in GP S000 under MACE Scheme on iatraductinn of the scheme right from Q1.09.2008 as by then he had gireacy completed 19 years of service in the same GP 4200. Any denia| to grant financial up-gradation to the agplicant Is Qk.
violative of Para ( of Annexure to MACE Scheme implementation order in RBE 1OL/2009. Hence unsustainable in law:
Mod SS = us of Anmexure by MAPS . 2 re ze 6 policant camnleted <-
3 pe #3 aS = SQUSONg ES while f ated ba :
RENCE Non-gst ih law. s.
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as under
ag EO nt s Re Tek uced = oe St Xe ec under the AC® Sc fant ¢ Sg Nan SY Ne = HINS OF DOSS per ¥ Stalesfungradanh * 5;
sored for the E er oe Nes iy Ray Sist ricular organisation + S.6500- 10506 % ) y 5 OR } f RS. SOD0-800G, Rs. 5900-9G re * SHOWS < of sary! Of AS BS ON L.L.2006, he woud have g Nv ~ = he :
oe t * &.
e * two Snanel and Bs. oN oN uS S00 GOs 0 the ore-ravised scal x SOO- 1 S $ <3 SSSERNSE SSCTUER In the same Ai ¥ (0) Another Raihvay:
archy in the ore.
revised Scale of Rs SQ00-SO06 has alse completed about 25 years of service, Sut he got hwo promotions to the next higher grades of Rs. SSO0-G000 & Bs.6500-10500 during Uvs period. In the case of both (a) and (b) above, thes fromotionayfinancial granted up-gredations under ACE to the pre-reavsad scales of Rs. 5500-9000 anc B5.5500-10500 prior fo 1.1. 2006 will be fgnonee On account of merger of the pre-revissd scales of As.S000-8000, Rs SSN0- SO00 and Rs.6500-10500 recommended by the Sixth CRC. As per the BS {RP} Sules, both of them wil be ¢ FB-2. After the Implementation of MACPS. two Snanc un-gradations will be granted both in the case of (8) and (b) above to the ne est higher Grade Pays of Rs.4600 and Rs 4800 (n the Pay Band PB-3.° The very idea and purposes of Para 5 of the Annexure to MACES Js to avo! any anomaly Met may arise due to promotion of juniors on ater date and consequent condition of iu s Getting higher pay than the seniors and other such comolinations. Denial of benefits under MACP Scheme t) the aon Rromation from SM Gri in substantive scale of SOOU-8000 (while availing dsnefits under ACP in Rogie S5004G000 Is aoginst sara 5 of Annexure to MACPS as whether the promotion is Tram scale SQOD-8000 to 5500-9000 of fran sale SSod-onnd to the same SS00-Q000 the stuation is squeraly covered under the shove rule and hence any promotio nor uD-gradation by such scale of pay is in be red for the purpose of grant of MACE. Any denial to grant -MACP in GP ae janet all x ¥ SS the scheme and fcones SS.
= © are ¥ os © 20 years of serv ar x = raed EX sh:
ts are mm a CPC recommendation ee Re we fF gs derstand PSL 8 Foo mh "% % conseque & aM of hk & a x be othe e € ks Hot Sule ce % Soe 9 x ES * Hoh cx er ei sd in & aw.
ey , a A Hes iy Ns as derst s 5 ation camands that statute or & uyisustainabie Pack: Soo: as ES iterpret % < S S a oo, heme and MESXTLS 5 ae "s afc wg heme should ye ae .
COMRe h reference t = up af ys RS
35.
Le thet thger Kcable. Application af on had taken { s.
et x shin Be rae ie MS ont yr 3078 < BY cant {he promo "a.
Res BS xt BQ the case af i iss of pay and her e promy ged sca os $3 My LLAHONS WHSTS 2 aS ry § g. Even if it is assumed thet pare 5 and para & of Annexure to MACRS are conflicting In nature, the princiole of harmonious construction demands thet the provisions ere constructed in 2 way Giving effect to both of therm harmoniously, The very purpose of the Modified Assured Career Progression Scheme is to give some such to the employees who are stagnated without any promotion for more then 10 years. While ther Demg so denying such benefit to the applicant w Years by applying a rule pro fule of law and Aence unsus h. When benefit under Mac P & persons who were promoted from scale SOOG-RN00, 5500-0000 and 6506- LOSD6, ignoring such promotions, since they are merger! In VICPC pay structure and kent at PS-2 with GP 4200, denial of such benefit § icant who is orovnoted from SOOG-8000 (availing beret | ~ 8000 under ACP) 5 S500-0000 when even promotion to scale of 65 cg 0 - LOSOG is ignored for the purpose of MACPS me vinletive of An. id anc 16 of the Constinition af Tadis and hence usustainahie.
4. Learned counsel for the goplicants have relied on the follow ing dacisions In Suppert of thelr contentions, ODecision of the CAT Emakulam Bench In GA 484/011 Dated SAS See e8.02.20 i moped | Bench in OA 281 paeQil Dated 18.02 2643. Tesh aoplicstion cannot be Med detailed reply, It ig submitted * ES Sve Res Judicate is sau MS ents hayes N * got Pos he resoonc i ora Principle af Construc et & Ng Hef, @ VA, g 2 AVENUE S:
< EEN 4 a '3 > VA Sy ey * *: y tio sy = S 208 in the case of C. Fs me Res Judicate. thi % me ee PRESS § BA tated again. The resnondents at an issue once deride Hh BRN sor oe $ © Prncigies of Construct! Feet fram 15 1 1986 mitted fo ~ ee * he applcant wes spoointed on 15, = 2 eS = Se eo ay S = Kes:
£ der dated 13.6.201; Jin) eff Oy fs. The Director of Accounts, Rastal y a2 ' x ® y mrpthed hat th SRP erro Submut that based upon th Competent court [6 pot ation Master:
x Sane SS;
the category of S Station Master Gr Tit ?. Zt Js submitted thet the categares of Station M fer and Section 'Contrafer belong fo Gvo different cadre with following grade recommended Tollowing pay Structure in he Sth Pay Commission: and Station Masters Section Coneoles Bs. F505 1 1500 Rs Fd5G] Rs GSO 1G RS. GS00- 10500 Rs. 5800-9000 BS. 2500-9000 &S. SU00-S000 Rs.4500-7000.
8. Consequently, the a fcant's pay scale was chanond from Rs. 1400+ 2a00 (40h PC) to that of Rs. SOOC-80CO (Sth PC) with effect from 11.1006.
The applicant's pay was feed at Rs. SS50/- on 11.1986 and the aoplicant & wes Allowed annual incrers SL No. ine 4.2001 1.43003 §. The resnondents pi a "it that in the year 2008, the soolicant wes Oy granted the benefit of finance upgradation under ACP scheme, In berms of the Railway Board's letter No. PC-V/S9/1/1/1 dated 110.1999. A copy of the Rallway Eoarc's letter No BCA\VOS/1 {1/1 dated 1.10 19969 is marked anc producad gs Annexure & Assured Career Progression scheme envisaned TAS SE amount functional / regular oramotion por dia * require creation of may posts for the rons Durpose as orescrbed me pee An re i oof vat we oe x pay of the applicant, the benetit oF FR 22 LY Oy increasing AIS Gay, by an increment In the Ume scale of the higher Hoek TE &f 9 Stage neat io the Notional Pay arrived at by Increasing His pay in respect 3 of the lower post Held by him regularly by an increment, 2 t 8 Stage by which was fixed at Rs. 6550/+ by apolying Awe 1213 FR 22 {1 fail] and the benefit was ¢ nted in the higher sce that while ie aonlicant was work) $000, he had aomied for the post of Section Controller in scale Bs S5an- S000.
Bs, S000-S000, Therefore, fram ths Ar inexure A], & § cesar that the by Bpplcant was folding only the post of Station Master TT and therefore. he had appliec : SOF Uhe promotional past of ae ection Gontrolier in Scale Rs. S500- cinied a g Assured Corser Prod: 5500-9000 with effect from Ti Done. In as much as the anplk Cant had already enjoyed the benefit of Rule 1273 et FR 22liilalll} on 18 1.2009 on bis fst fh nancial ungnscefion under ACP Sa8 Scheme, the spnlicant was aot entified to be granted once Gugain the benett of Rule 1515 FR 22 (Ulead) at the Gime of Section Controtier gram Therefore, he was allowed fo continue only in the Basic Pay oF Rs. SSOQ/s in Scale Rs. 5900-0000 The Pesponcents submit that the anplcant herein Sled GA No.Aa2s/2011 before this TNbunal fo direct the Bees | to fix the Basic Pay af Rs.6725/- with affert om) 3. S2008 and at Bs. 2250!- with eect fom O101,2004, This Tribunal by es order dated 13.6.2012 (ANNEXURE R- 1) has directed to apply rule 1813 FR 227 Lei] once again in his case, ft held that the aopointment fo She post of Section Controller is a promotion and therefore, the benefit of FR 2ef UA) was directed to ke extended, Therefore, by annlving Ride (318 (FR 22 o CSXVE) (2) of Indian Railway % Cstablishment Code Val T], his pay was fixed at Rs. 6725/- in scale Rs S500- 'Q000 with effect from 3.9 2003 and allowed to draw his neat Increment on ULL2004 Gased of His anton and pay wes fixed at Rs 2506 In scale ingly, Consequential arrears of revision of say were OF Gis Tabunal was complied with,
3. Teds submithed that in acrordance with MACP Rule orovision Annexure Para 8 of RBE No. 1QL/2008 marked and produced as Annexure & IL, the Mrst & Second MACE which were granted vide this office Memorandum nn, MIP SSS) SOPTG 7 Controls Wo). 1 dated 25-10-2012 hed to be regularisec! as detailed belmw divy faking into consideration of promotion earned as aa eee sete BEG Bee BEY:
3.
fice fash Grawyy sic bay OF RS. PG00s- as on OL sed to the extent of Rs. ISI4D+4200 GP after apolying L.A6 fon factor on Sth Cec, or x, gd he of Rs Fs LS490+-4200GP respectively i3. Neard the learned counsel for the reg ve parties and perused the pleadings and documents an record, 1d. The entine case hinges upon y Sof the MACP Scheme shall dg) has extracted bath the apply or Qa@use § The gpnlicant in groun clauses, Including Wustration in cause 5. The se said Clause Catecorically sta that ary promotion from feeder post to pramosianal post or Anancial upgradation in leu of promotion shall have to be lonored ff the Gwo aosts gel Meraed by goeration of law. To make S Mare Gear, Hustrations have been given In which the second iustration eomctly fits in with the fact of Gis case, The applicant has clearly bri uf the distinction betwasn clause § and § and he has also spelt out the specific reason for ignoring the Promodon oF upgradation granted in 8 case where Tere has Deen a merger of two pay scales or posts. The deciding factor is merger, Where merger of hwo posts or vo pay scales fake olace then promotion or upgradation granted in such cases will not be counted es promotion or upgradation. Slause € can be pressed into Service in 8 casa where the pay scales end smotonal past are identical. Grade pay af both the feeder post and {he or The case of the anplicant does not fall under Clause 8 but under clause 5. a complied with, within quasi e \ = ae 3 :
hereby e RAR RCS UOC 2282/2014 dat es Rs i we ee y B % Be arising out of the a No. M/P.353.