Central Administrative Tribunal - Madras
L Rajaram vs M/O Railways on 30 April, 2025
1 OA No.310/00758, 759, 761 & 762/ 2015
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/00758, 759, 761 AND 762/2015
Dated this the 30th day of April, Two Thousand Twenty Five
CORAM :
HON'BLE MR M. SWAMINATHAN. MEMBER (J)
AND
HON'BLE MR. SANGAM NARAIN SRIVASTAVA, MEMBER(A)
O.A. 758/2015
1. M.Syed Dawood Ibrahim
S/O A.R. Mohamed Ibrahim
No. 3111, Villapuram Housing Board,
Eb Office Road, Madurai.
2. S.Pandy,
S/O P. Sonai
No. 243a, Vishnu Kogulam,
K.R. Puram Colany,
Manamadurai, Sivgangai Dist.
3. M.P.Baskar ,
S/O V.Mathura Pandian,
No. 12-2-30/1, Vallapa Ganapathy Street,
T.Vadipatti, Madurai.
4. R.Karunanithi ,
S/O A.Ramasamy,
No. 21,Muthamil Nagar, 2nd Street,
P&T Nagar,Ext., Madurai.
5. S.Gnanavel Rajan,
S/O A.Soundrapandian,
No. 42, Malai Amman Kovil Street,
Virattipathu, Madurai-625016.
2 OA No.310/00758, 759, 761 & 762/ 2015
6. C.Santhakumari,
D/O P.Chitravelusamy ,
No. 59/B,Sathiyamoorthy Cross St.,
Meenambal Puram, Madurai.
7. J.K.Vijayakumar,
S/O J.R.Krishnamachari ,
No. 505A, Railway Colony,
Madurai. ...Applicants In OA 758 / 2015
O.A. 759/2015
1. L.Rajaram,
S/o Lakshmana Kone,
No. 16, Ii-Street, Maruthi Nagar,
Melakalkandar Kottai,
Tiruchirappalli.
2. M.Rajendran,
S/o S.Maruthanayagam,
No. 44/3, F-Type,
Railway Quarters, Ponmalai,
Tiruchirappalli.
3. T. Azizuddeen ,
S/o A. Tajuddin,
No.11/2 Gudumian Street,
Kajamalai, Tiruchirappalli.
4. R.Devarajan,
S/O Rajamanickam,
No. 34 Agaram Nagar,
Prakash Nagar Extn, Thiruverumbur,
Tiruchirappalli.
5. V.Ramanarayanan,
S/O K.Venkattaramani,
No.2, Agaram Nagar, Prakash Nagar Extn,
Thiruverumbur, Trichy.
6. T.Jeyachandran,
S/O S.Thanaraj,
No: 3/1, Periyar Street,
Subramaniyapuram, Trichy.
3 OA No.310/00758, 759, 761 & 762/ 2015
7, S.Amalraj,
S/o M.Soosai,
No.106-1, Nehruji Nagar,
Manapparaipatty Road, Manapparai,
Trichy Dist.
8. N.Palanisamy,
S/o K.Nachiappan,
No.51/4, East Udayar
Street,Ponmalaipatty , Trichy
9. S.Chandramohan ,
S/o M.Subramanian,
No. 5/5,F -TYPE, Railway Colony,
Ponmalai, Trichy.
10. A.Thomas Victor,
S/o T.Adaikalanathan,
No.78/4 "D" Railway Quarters,
Ponmalai, Trichy.
11. G.Sahayaraj,
S/o S.Gurusamy,
No.48,Ii - Street, Maruthi Nagar,
Melakalkandar Kottai, Trichy .
12. R.Sivakumar,
S/o A.M.Ramasamy,
No. 2/68, Agraharam, Allur, Trichy.
13. R.Seshagiri ,
S/o V.S.Ramachandran,
No.10,Raja Street, 1stfloor,
Ponmalaipatti, Trichy .
14. B.R.Karthikeyan,
S/O B.N.Ramarethnam,
No.4/55, West Agraharam,
Bikshandar Koil, Trichy .
15. S.Ramachandran ,
S/o K.Sankarasubbu,
Room No.219,
Kumar Lodge, Mannarpuram,
Trichy.
4 OA No.310/00758, 759, 761 & 762/ 2015
16. E.Durairajalu,
S/o M.Ethiraju,
No.57, Venkateswara Nagar,
West Cross, Melakalkandar Kottai,
Trichy.
17. G.Murali ,
S/o K.Govindarajalu,
No.139/A, New No.177,
Ganapathy Nagar, Thiruvanai Koil,
Trichy.
18. K.Anbuselvi,
D/o M.Govindan,
No.24,Andal Nagar, East
Ambikapuram, Trichy.
19. K.Arokia Mary,
D/o G.Kulandai,
No. 4/443, Adaikala
Annai Nagar, II Cross,
Ponmalaipatty, Trichy.
20. Sebastian Bernadette Dorothy,
D/o M.Sebastian,
No. 29/11, South 'D"
Railway Quarters ,Ponmalai, Trichy.
21. J.Frankley Herbert,
S/o C.P.Jayasingh,
No. 13, Ist Street,
Rajappa Nagar West,
Ariyamangalam, Trichy.
22. G. Kalarani,
D/O A. Ganesan,
No. 53/187, Voc Street,
Ponmalaipatty, Trichy.
23. R.Chandrasekaran,
S/o V.Ramachandran,
No.3/47, Agraharam,
Thiruchendurai, Jeeyapuram, Trichy Dist.
5 OA No.310/00758, 759, 761 & 762/ 2015
24. A. Nihila Prasad,
S/o T.N.Apthasahayam ,
No. 15, Indhra Nagar,
Rayar Thoppu, Bikshandar Koil, Trichy.
25. Kalavathy Raja ,
W/o K.Raja,
No. 958/B, Type-IV, New Colony,
Railway Colony, Ponmlai,Trichy.
26. Gomathichandrasekaran,
W/o V.Chandrasekaran,
No.21/9,Seventhipillaiar Koil Street,
Woraiyur, Trichy.
27. M.Fareeda Begum ,
W/o K.Mujee Bullakhan,
No. 4/636- 1,Thendral Nagar,
Ponmalai, Trichy.
28. S.H.Abdul Ghaffar,
S/o S.M.Mohamed Haneef,
No. 956/C, New Type - 4,
Railway Colony, Ponmalai, Trichy.
29. P. Lamuvel Victor,
S/O S.Packianathan,
No. 11, Manickam Nagar Extn.
M.C.Road, Thanjavur.
30. G.Sukanya,
D/o V.Ganesan,
No. 14/A-8, Rohini Shreyas,
Rajaji Street, Renga Nagar,
Srirangam, Trichy.
31. P. Latha,
D/O S.Padmanaban,
No. 63/3, Railway Colony,"F" Type,
Ponmalai, Trichy.
32. J. Rethna Xavier
W/o I.Jerad Xavier,
No. 64/74, Palaya Koil Street,
Palakarai, Trichy
6 OA No.310/00758, 759, 761 & 762/ 2015
33. A.Syed Zakria,
S/o Abdul Rahiman,
No. 956/D,New Type IV, Quarters,
Ponmalai, Trichy.
34. A.V.Sivaprasad,
S/o K.Vasukurup,
No. 942/A, F Type, New Block,
Railway Colony, Ponmalai,Trichy.
35. R.Thangapandian,
S/o S.Rengasamy,
No. 21/45,Shanthi Street,
Ponmalai Patti, Trichy.
36. Banumathy Nagaiah,
W/o R.Nagaiah,
No. 307, A-Ganesh Dharshan Apartment,
Sankaranpillai Road, Trichy.
37. M.Banumathi,
W/o V.Mohan,
No. 32,Kurinji Street,
Vivekananda Nagar,
Melakalkandar Kottai, Trichy
38. S.Dharmaraj,
S/o A.Srinivasam Pillai,
No. 288, Bank Staff Colony,
8th Street, Madha Kottai Road,
Thanjavur.
1) 39. Shanthi Nagarajan,
D/o V.Sundaram,
No. C-22, Ramalinga Nagar,
Woraiyur, Trichy.
40. G.Jaisankar,
S/o P.Govindaraj,
No. 140, Rajappa Nagar West,
Ariyamangalam, Trichy.
7 OA No.310/00758, 759, 761 & 762/ 2015
41. A. Kamalakannan,
S/o M.Appadurai,
No. 18/6, Railway Colony, Ponmalai,
Trichy.
42. N.Muralikumar,
S/o B.Nambi ,
No. 19, Veenus Nagar,
Wireless Road, Trichy.
43. O.Rajendran,
S/o K.Ondimuthu,
No. 5, A-East Street,
Beema Nagar,Trichy.
44. V.Muralidharan,
S/o R.Venkatasamy,
No.127, Keeraikara Street,
Srirangam,Trichy.
45. V.Kalaivani,
D/o S.Viswanathan,
No. 2/137, ARN Avenue,
Thirunagar, Ponmalai, Trichy.
46. N.Annakkodi,
S/o A.Natarajan,
No.15, S/2-A,Konar Street,
Subramaniapuram, Trichy.
47. K.Natarajan,
S/o P.Krishnamoorthy,
No. 13 ,Andal Street,
Ayyappa Nagar, Trichy.
48. T.Kulandaivelu,
S/o K.Thirugnanam,
No. 66,E.B. Colony, Khajamalai,Trichy.
49. B.Nagaraja Rao,
S/o L.Babu Rao,
No. 311, Annapoorani Nagar,
Konar Chathiram,
Nachikuruchi,Trichy.
8 OA No.310/00758, 759, 761 & 762/ 2015
50. K.Sekar,
S/o R.Kailasam,
No. 71, Nethaji Street,
Ayyappan Nagar, Trichy.
51. V.Muralidharan,
S/o K.Vijayaraghavan,
No.94, West Uthra Street,
Srirangam, Trichy.
52. A.Nagarajan,
S/o RM.M.Arunachalam,
No. 34, Indira Gandhi Street,
Subramaniapuram, Trichy.
53. U.S.Venkatasubramanian,
S/o U.Sankaranarayanan,
No. 15-C, Renga Nagar,
Subramaniapuram, Trichy.
54. Geetha Raj,
D/o T.Samba Moorthy Rao,
No. 6, Ram Nagar, Thanjavur.
55. K.Vanmathi,
W/o A.Stephen Raj,
No. 182, VIII Street,
Ex-Servicemen Colony, Trichy.
56. Jayashree Dhanabalan,
W/o S. Dhanabalan,
No. 52,Yagappa Nagar, Thirunagar South,
Ponmalai, Trichy.
57. T.S.Bhuvaneshkumar,
S/o T.N.Soundararajan,
No. 14, 7th Street,
Dhanalakshmi Nagar,
M.K.Kottai, Trichy.
58. M.Pasupathy,
S/o N.Manickam,
No. 929/C, New Colony,
Ponmalai, Trichy.
9 OA No.310/00758, 759, 761 & 762/ 2015
59. V.Seetharaman,
S/o M.V.Venkataraman,
Pathakadai Sandhu,
Sankaran Street,
Trichy. .. Applicants In OA 759/2015
O.A. No.761/2015
1. Savithri Rajendran,
W/o A.Rajendran,
No.24,Pattbiraman Pillai Street,
Thennur,Trichy .
2. R.Kalavathy,
W/o T.Rajaraman,
No.8/32,2nd East Street,
Mahalakshmi Nagar,Varaganeri (EXTN).Trichi
3. T.Marimuthu,
S/oV.Thailan,
No.80/15, Bharathi Mill Nagar,
Sundaram Pillai Thottam,
Edamalaipatti Pudur, Trichi.
4. T.Jayashankar ,
S/o P.Thiagarajan,
No.4/313-1,Thirunagar West,
Malligai Street, Ponmalai PO, Trichy.
5. R.Panneer Selvam,
S/o N.Ramachandran,
No.523-D, Railway Colony,
Near RC School , Trichy JN.
6. M.Gunasekaran,
S/o T.R.Muthusamy,
No.387/1,Bharathiar Nagar,
Sanapratti PO, Karur Dist.
7. M.Kumar, (RETD)
S/o K.Munusamy,
No. BB/6, Sengulam Colony,
Mannar Puram, Tiruchirappalli.
10 OA No.310/00758, 759, 761 & 762/ 2015
8. A.Sowkath Ali ,
S/O S.Abdul Razak,
No. 69.B, Railway Colony,
Fort Station Tiruchirappalli.
9. M.Saifuddin,
S/o M.J.Yacoob ,
No.5,Soosaiya Pillai Street,
Ranjithapuram, Tiruchirappalli.
10. S.Suburajlu,
S/o S.Srinivasan,
No. 35.B, Kovalan Street ,
Senthaneer Puram,
Tiruchirappalli. ...Applicants in OA 761/ 2015
O.A. NO. 762/2015
1. M.Balasubramaniam,
S/o S.Muthu,
No.3/284, Varma Nagar, Iniyanur,
Pirattiyur PO,Trichy.
2. R.Panneer Selvam,
S/o S.Ramalingam,
No.16/32, Samsool Arifa Nagar,
Periya Salai Road, East Gate,Tanjore
3. V.Selvaraj,
S/o S.Vedayan,
No.523/C,Railway Colony,
(Near RC School),Trichy JN.
4. K.Balasubramanian,
S/o T.S.Krishnamoorthy,
No.56, ACS Residency,
Mangammal Nagar, Srirangam,Trichy.
5. P.Manoharan,
S/o M.Periyasamy,
No.12-C,Vanniyamman Nagar,
Muthu Plot,Adhavathur PO, Trichy.
11 OA No.310/00758, 759, 761 & 762/ 2015
6. V.Rajendran,
S/o Vedhanayagam,
No.76, Thiruvalluvar Street,
Ponmalaipatti, Trichy.
7. D.Thiyagarajan ,
11/1,Ezhil Nagar North, Round Road,
Pudur, Dindigul.
8. Rani Thamilarasan,
Abirami Nagar,Malapatti Medu,
Thottanathu Road,Dindigul.
9. P.Mariammal,
W/o Patchamuthu,
No.12,Amman Koil Street,
Kilapudur Road, Trichy.
10. C.Stephen Mohanraj,
S/o D.Chelliah,
No.17, New 1st Street,
Annarpuram,Trichy.
11. J.Paul Christi Rajan,
S/O C.Joseph,
AT No.7-A, Emil Nagar,
Crawford, Trichy.
12. C.Xavier Gruz,
S/O A.Chandana Doss,
No.4/795,Bharathi Dasan Nagar, 6th Street,
North Kattur,Trichy.
13. K.Vijayaraman,
S/O V.S.Kandasamy,
No.01/63,Valadi Agraharam,
Valadi PO, Trichy.
14. P.G.Krishnan,
S/o M.K.Gopalakrishnan,
No. A-6, Bhuvaneswari Appartments,
Pulimandapam Road,Srirangam,Trichy
12 OA No.310/00758, 759, 761 & 762/ 2015
15. M.Thandapani,
S/o R.Mahalingam, Indian,
No.34,Pak Colony, Rajalakshmi Nagar (INSIDE),
Dindigul.
16. M.Gopal Raj,
S/o Murugan ,
No.4/351,Kallathu Medu, Guntur, Trichy.
17. R.Krishnamurthy,
S/o S.Ramasamy,
No.22/12, Andal Nagar,
Srirangam, Trichy.
18. V.Balakrishnan,
S/o S.Venkatraghavan,
No.16, Pinnavasal Agraharam,
Poovalur PO,Lalgudi,
Trichy Dist.
19. V.Sivaji Rao,
S/o S.Vausudeva Rao,
No. No.607, Jambelay Rao Lane,
Kondirajapalayam, East Main Road, Tanjore.
20. V. Marimuthu ,
S/o R.Vadivelu,
No.13 Arasamaram Street, Rockfort, Trichy.
21. A.Veeraraj,
S/o P. Aiyyavoo,
No.249, Philominal 3rd Street,
N.K.Road, Tanjore.
22. N.Veeramuthu,
S/o Nalla Perumal,
Old No.4/202, New No.3/764,
Sadayandi Koil, Poongodi,Ramji Nagar PO,
Trichy.
23. S.Gandiraja,
S/o Saravana Perumal,
No.3/15,Muthiah Street,
Sadyappa Puram, Mukodal PO,
Tirunelveli.
13 OA No.310/00758, 759, 761 & 762/ 2015
24. T.Emmanuel,
S/o David Thangaraj ,
No.11,Nagamma Street (Near Anbunagar),
Sangiliyandapuram,Trichy.
25. M.Sellamuthu ,
S/o Marutha Pillai,
No.154,Mariamman Koil Street,
Krishnarayapuram, Karur Dist .
26. N.Marimuthu,
S/o Natarajan,
No.19, Ragavendrapuram, 2nd Street,
Srirangam, Trichy.
27. P.Panneer Selvam,
S/o M.Paramasivam ,
No.21,Subramaniam Avenue,
Bikshandar Koil Post,
No.1 Toll Gate, Trichy.
28. M.Ponnuranga,
W/o M.Malayandi ,
No.3/313, Palaniyandavar Koil Street,
Inamkulathur Trichy.
29. P.Shanmugavel,
S/o M.Paramasivam,
No.44,VOC Nagar, Sentaneerpuram,
Trichy.
30. G.Tamil Selvan,
S/o T.Govindarajan,
No. 24,Cheran Salai, Anand Nagar,
K.K.Nagar PO, Trichy.
31. R.Jayachandran,
S/o V.Ramasamy,
Veppamaram Street, T.Kalathur (PO),
Alathur Tk, Perambalur Dist.
14 OA No.310/00758, 759, 761 & 762/ 2015
32. Nirmala Lakshmipathy,
W/o K.Lakshmipathy,
No.1, Sudharsan Nagar,
Srirangam, Tiruchirappalli.
33. A.Vijaya,
W/o R.Aruldoss,
No.7, Mela Subramaniar Koil Street,
Subramaniapuram, Tiruchirappalli.
34. P.Thiyagarajan
S/o Palanisamy ,
No.10/56,T.V.K.Street Kamaraj Road,
V.R.Puram, Coimbatore.
35. S.Pugalanthi,
S/O R.Shanmugananda Vadivelu,
No.3/29, Srinivasan Street, TVS Nagar,
Kajamalai, Tiruchirappalli.
36. S.Anthony Manoharan,
S/o S.Sevaraj,
No.5, Santhosh Nagar,
Manjathidal, M.K.Kottai (PO), Tiruchirappalli.
37. A.Samuel Dinakaran,
S/o A.Albert Jegannathan,
No. 7,6th Cross, Rail Vihar,
K.Sathanur Road, Tiruchirappalli.
38. E.Ayyappan,
S/o A.Esakki,
No. 4/350 Vanchinathan Nagar,
Theeran Nagar,West Extention, Tiruchirappalli.
39. V.Gunasekar,
S/o R.Vaithilingam,
No. 12,2nd Street, Anbu Nagar Extention,
Crawford, Tiruchirappalli.
40. P.Ganapathy,
S/o P.Palaniappan,
No.B.33, Cauvery Apartments, Agraharam,
West Chinthamani, Tiruchirappalli.
15 OA No.310/00758, 759, 761 & 762/ 2015
41. Jhansi James,
W/o A.James,
No.5/52-E, 1st Cross, Thirunagar,
Ponmalai, Tiruchirappalli.
42. R.Hemalatha,
W/o K.R .Rajkumar,
No. 27, Cholan Salai, Ayyappan Nagar,
Tiruchirappalli.
43. Roopa Anto,
W/o J.Anto,
No. 16, Arunachala Nagar Main Road,
Craw Ford, Tiruchirappalli.
44. Sasikala Mohan,
W/o M.Chandra Mohan,
No.5/97, Thirunagar, Ponmalai, Tiruchirappalli.
45. M.Veeramani,
S/o L.K.Muthiah Indian, No.1/16,Vellalar Street,
Mutharasanallur, Tiruchirappalli..
46. K.Ravikumar,
S/o M.Krishnamoorthy,
No.12, Devar Colony Extn,
Woraiur, Tiruchirappalli.
47. K.Vaikundavasagam,
S/o V.Kandan,
No.18, Karpagavinayagar Koil Street,
3rd Cross, Meenakshi Nagar (MAX Tower),
Vilangudi,Madurai.
48. A.Madhina Beevi,
W/o Akbar Ali,
No. 26/A,Alikuptha Thaikal Street,
Thanjavur.
49. G.Bhavani,
W/o S.Ganapathi Subramanian,
New No.2/87, Allur Agraharam,
Allur Village, Mutharasanallur (PO),
Tiruchirappalli.
16 OA No.310/00758, 759, 761 & 762/ 2015
50. Uma Gopinath,
W/o S.Gopinath,
No. 7-B/4, Cauvery Street,
Ayyappa Nagar, Tiruchirappalli.
51. Lekha Ramakrishnan,
W/o K.Ramakrishnan, Plot No.103,
LRK Nivas, Thangiah Nagar, K.K.Nagar,
Tiruchirappalli.
52. I.Mohamed Nazim,
S/o Ismail,
No. 4/11- C, Third Street, IOB Nagar,
Karumandapam, Tiruchirappalli.
53. Vasanthi Karunanithy,
W/o P.Karunanithi,
No.10, Bharathi Street, Anand Nagar,
K.K.Nagar, Tiruchirappalli.
54. E.Ravi,
S/o P.V.Easwaran,
Plot No.3, Sriniwas, 2nd Cross,
Bankers Colony, Kumaran Nagar,
Tiruchirappalli.
55. P.Thenramil Pavai ,
D/W/O.P.Pechiappan,
Plot No.67, J.K.Nagar,
2nd Lay Out, Kajamalai (PO), Tiruchirappalli.
56. Margret Jason,
W/o Christopher Jason,
No.M-225, Phase -2, Anna Nagar,
Naval Pattu, Tiruchirappalli.
57. P.Manohar,
S/o A.D.Pitchai Pilla,
No. 10,4th Cross, Rail Vihar,
K.Sathanur Road, Tiruchirappalli.
17 OA No.310/00758, 759, 761 & 762/ 2015
58. Ushasanthanakrishnan,
W/o.R.Santhana Krishnan,
FF 5/56, C-Block, Shenbagam Apartments,
Dindigul Road, Tiruchirappalli
59. J.Milton ,
S/o A.S.John Josephi,
No.5/4,1st Street, KRS Nagar,
E-Pudur Tiruchirappalli.
60. Prabha Surendran,
W/o V.Surendran,
No. 2/1 Gandhi Nagar,
Subramaniapuram, Tiruchirappalli.
61. K.Ramachandran,
S/o R.Krishnamurthy Rao,
No. A-4, Bhuvaneswari Apartments,
15, Pulimandapamroad, Srirangam, Tiruchirappalli.
62. A.Jamalamma
W/o M.Akbar Ali,
No.24,Anandapuram Mettu Street,
Varaganeri,Tiruchirappalli.
63. M.Irudayaraj ,
S/o S.Maria Doss,
No. 67, Vasanth Nagar,
VOCNagar(Extn.Karumandapam), Tiruchirappalli.
64. R.Punnia Kumari,
D/O R.Raja Rethinam,
Plot No.9/6, Xavier Nagar, Tholkappiar Squire,
Pattukottai Road, Thanjavur.
65. K.Srinivasan,
S/o T.Kathan,
No.29,Sabapadhi Road,
Sangilyandapuram,Trichi.
66. A.Paulraj,
S/o Antony Muthu ,
No.3/83,RC Street ,Aahikudi Village PO,
Lalgudi,Trichy-Dist.
18 OA No.310/00758, 759, 761 & 762/ 2015
67. G.Naseeruddin,
S/o M.Gulam Khadar,
No.37, Amaluddin M Akkan Street,
Palakarai, Tiruchirappalli.
68. R.Thiraviam,
S/o T.Ramiah ,
No.15,1st Street,North Bala Pagya Nagar,
Madurai Road,Tirunelveli.
69. R.Chamundeeswari,
W/o B.Ganesan,
No.6/9 A,Ambal Colony,
Karumandapam, Tiruchirappalli.
70. R.Srinivasan,
S/o M.L.Ramachandran,
No.33/24 Srinivasa Nagar Extn,
Tiruvanai Koil, Trichy.
71. P.S.Ravichandran,
S/o P.J.Srinivasan,
No..34-C,Jayam Apartments,
Gayathri Nagar, Thimmarayapuram Samudram,
Tiruvanai Koil,Trichy.
72. J.Kalyana Krishnan,
S/o K.P.Jayaraman,
No.2,Mudaliyar Lane,
North Andar Street,Trichy.
73. R.Cruz Elango,
S/o A.Rajendran,
No. 28/1D, Kamaraj Street,
Ayyappa Nagar, Tiruchirappalli.
74. R.Manivannan,
S/o V.S.Ramasamy,
No. 29, Periyar Nagar, Kulithalai PO,
Karur District.
19 OA No.310/00758, 759, 761 & 762/ 2015
75. V.Balasubramanian,
S/o V.Velu,
No. A-2,Govindh Apartments,
32 Shenoy Road, Nungambakkam, Chennai.
76. Smt.S.Subathra,
On Behalf o f Late.R.Sridharan,
S/o. M.R Ramaswamy,
No.22/7,Ganesh Flats, Gopal Street, T.Nagar,
Chennai.
77. Smt.A.Clara Josephine,
On Behalf of Late .V.ALBERT Richard,
S/O K.Vedanayagam,
No. No.41-F, New Street,
Khajapettai, Tiruchirappalli.
78. J.Jagadeesan,
S/o J.Janakiraman,
No2/374,Ramachandra Colony,
Manappakkam, .. Applicants In OA 762/ 2015
By Advocate M/s S. Kala
Vs.
1. Union Of India
Rep. By The Chairman,
Railway Board, New Delhi.
2. The Financial Adviser And
Chief Accounts Officer,
Southern Railway Head Quarters,
Park Town, Chennai .. Respondents in all the OAs
By Advocate Ms. Meera Gnanasekar
20 OA No.310/00758, 759, 761 & 762/ 2015
ORDER
(Pronounced by Hon'ble Mr. M. Swaminathan, Judicial Member) Since the issue involved in all these applications is one and the same, all the OAs are being heard together and disposed of by way of this common order.
2. The OAs have been filed by the applicants seeking the following relief:
"a) set aside the impugned order of the 2 nd respondent I P.535/HQ/Admn/OA75, 76, 77, & 78/2015, dated 26.02.2015; and
b) direct the respondents to grant the applicants' the financial upgradations under MACPs in the next higher grade pay and pay band attached to the next promotional post in the hierarchy for the cadre with arrears of revised pay from the dates mentioned in the tabular column for the respective persons attached to the representations 08.10.2014/13.10.2014/14.10.2014/29.10.2014/12.11.2014 in the light of the above mentioned orders and pay commission recommendations; and
c) to pay all consequential benefits such as interest at the rate of 12% p.a. From the due date till actual payments and
d) issue such further and other appropriate orders or directions as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case and award costs and thus render justice."
3. The facts as culled out from the applications are as follows:
The applicants, working in the Accounts Department of Southern Railway, Tiruchirappalli, were affected by the implementation of the 6th Central Pay Commission (CPC) recommendations, which took effect on January 21 OA No.310/00758, 759, 761 & 762/ 2015 1, 2006. Their pay was revised under the Railway Services (Revised Pay) Rules, 2008, placing them in grade pays of Rs. 1900, 2800, and 4200. The Modified Assured Career Progression (MACP) Scheme, introduced on September 1, 2008, aimed to ensure career progression through hierarchical grade pay. However, the applicants were granted non-standard grade pays not aligned with the prescribed pay structure, undermining the intent of the MACP Scheme. This issue had already been settled in favor of employees by various Benches of this Tribunal which was upheld by High Courts, and not overturned by the Supreme Court. Despite repeated representations, no action was taken by the authorities, prompting the applicants to file OA Nos. 75, 76, 77 & 78 of 2015. The Tribunal issued a directive, but the 2nd respondent rejected their claims, leading to the current Original Applications.
4. The key issue for consideration in these Original Applications is whether the MACP Scheme provides for financial upgradation to the next grade pay in the prescribed grade pay hierarchy, or to the grade pay of the next promotional post as was envisaged under the earlier ACP Scheme.
Specifically, does the MACP Scheme mandate upgradation based on the grade pay hierarchy rather than the promotional hierarchy?
22 OA No.310/00758, 759, 761 & 762/ 20155. When the matter was taken up for final hearing, the learned counsel for the respondents submitted that the issue is no longer res integra, having been conclusively settled by the Hon'ble Supreme Court in Union of India vs. M.V. Mohanan Nair (Civil Appeal No. 2016 of 2020 and batch of connected cases), by order dated 05.03.2020. The Court, it was argued, had dealt with the issue in detail, particularly in paragraphs 25 to 29 and 51 to 52, and on that basis, the counsel prayed for dismissal of the Original Applications. When this was brought to the attention of the learned counsel for the applicants, she was unable to refute the respondents' reliance on the said judgment and instead reiterated the grounds already raised in the Original Applications.
6. For better understanding, the relevant portions of the judgment of the Hon'ble Apex Court cited supra are extracted below:
'4. The main questions falling for consideration in these appeals are:-
(i) Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme?
Whether MACP Scheme envisages grant of financial upgradation in Grade Pay Hierarchy and not in promotional hierarchy?
xxxxx 23 OA No.310/00758, 759, 761 & 762/ 2015 Discussion and findings:-
25. Though various contentions have been raised assailing the MACP Scheme viz. "financial upgradation in the next Grade Pay" and "no stepping up of pay on the ground that junior getting more pay", be it noted that the clauses of the MACP Scheme including the clause providing the financial upgradation in the next Grade Pay have not been challenged by the respondents. In the impugned judgments, the Tribunals/High Courts have only relied upon Raj Pal's case and not gone into the MACP Scheme vis-à-vis erstwhile ACP Scheme and also not considered the merits of the contention of the respondents. We have therefore, considered the MACP Scheme vis-à-vis erstwhile ACP Scheme in the light of the contentions raised by the respondent.
26. As pointed out earlier, both ACP and MACP Schemes are in the nature of incentive schemes devised with the object of ensuring that the employees who are unable to avail of adequate promotional opportunities, get some relief from stagnation in the form of financial benefits. Under the MACP Scheme, financial upgradations are granted at three regular intervals on completion of 10-20-30 years of service without promotion. Hence, it is also intended to ensure that the employees are adequately incentivised to work efficiently despite not getting promotion for want of promotional avenue.
The change in policy brought about by supersession of the ACP Scheme with the MACP Scheme is after well-deliberated and well-documented recommendations of the Sixth Central Pay Commission. Considering the various issues in the implementation of the ACP Scheme, the Pay Commission expressed its views "the only other way is to bring systematic changes in the existing Scheme of ACP so that all the employees irrespective of the existing hierarchy structure in their organisations/cadres, get some benefit under it". The Commission therefore, recommended that the existing Scheme of ACP be continued with the modifications indicated thereon in the Report that the financial upgradation has to be in the next immediate Grade Pay. One of the reasons for the expert body recommending the MACP Scheme was that there were inter- departmental disparities where several departments had varying promotional hierarchies. As a result, the working of ACP Scheme under which an employee who stagnated for 12 24 OA No.310/00758, 759, 761 & 762/ 2015 years, was entitled to pay in the Pay Scale of the next promotional post, led to inter-departmental anomalies. The Pay Commission therefore, recommended MACP Scheme with a view to putting an end to the problem ensuing from inter-departmental disparities.
27. The learned amicus and the learned counsel appearing for the respondents urged the court to adopt a "purposive interpretation" that the words "immediate next higher Grade Pay" to be interpreted as "Grade Pay of the next promotional post" in the hierarchy. MACP Scheme envisages merely placement in the immediate next higher Grade Pay. By perusal of the MACP Scheme extracted earlier, it is seen that the words used in the Scheme are "placement in the immediate next higher Grade Pay in the hierarchy of the recommended revised pay bands". The term "Grade Pay in the next promotional post" is conspicuously absent in the entire body of the MACP Scheme. The argument of the respondents that the benefit of MACP Scheme is referable to the promotional post, is de hors the MACP Scheme and cannot be accepted. Though ACP and MACP Schemes are intended to provide relief against stagnation, both the Schemes have different features. Pay scales under the Sixth Pay Commission and the MACP Scheme are stated to be more beneficial since it extends to the employees with time intervals with higher pay bands and various facilities which were not available under the ACP Scheme including the three financial upgradations in shorter time span. In any event, MACP Scheme has not been challenged by the respondents. As rightly contended by the learned ASG, the respondents cannot be permitted to cherry- pick beneficial features from the erstwhile ACP Scheme and also take advantage of the beneficial features in the MACP Scheme.
28. The object behind the MACP Scheme is to provide relief against the stagnation. If the arguments of the respondents are to be accepted, they would be entitled to be paid in accordance with the grade pay offered to a promotee; but yet not assume the responsibilities of a promotee. As submitted on behalf of Union of India, if the employees are entitled to enjoy Grade Pay in the next promotional hierarchy, without the commensurate responsibilities as a matter of routine, it would have an adverse impact on the efficiency of administration.
25 OA No.310/00758, 759, 761 & 762/ 201529. The change in policy brought about by supersession of ACP Scheme with the MACP Scheme is after consideration of all the disparities and the representations of the employees. The Sixth Central Pay Commission is an expert body which has comprehensively examined all the issues and the representations as also the issue of stagnation and at the same time to promote efficiency in the functioning of the departments. MACP Scheme has been introduced on the recommendation of the Sixth Central Pay Commission which has been accepted by the Government of India. After accepting the recommendation of the Sixth Central Pay Commission, the ACP Scheme was withdrawn and the same was superseded by the MACP Scheme with effect from 01.09.2008. This is not some random exercise which is unilaterally done by the Government, rather, it is based on the opinion of the expert body - Sixth Central Pay Commission which has examined all the issues, various representations and disparities. Before making the recommendation for the Pay Scale/Revised Pay Scale, the Pay Commission takes into consideration the existing pay structure, the representations of the government servants and various other factors after which the recommendations are made. When the expert body like Pay Commission has comprehensively examined all the issues and representations and also took note of inter-departmental disparities owing to varying promotional hierarchies, the court should not interfere with the recommendations of the expert body. When the government has accepted the recommendation of the Pay Commission and has also implemented those, any interference by the court would have a serious impact on the public exchequer.
xxxxxxxxx
51. The ACP Scheme which is now superseded by MACP Scheme is a matter of government policy. Interference with the recommendations of the expert body like Pay Commission and its recommendations for the MACP, would have serious impact on the public exchequer. The recommendations of the Pay Commission for MACP Scheme have been accepted by the Government and implemented. There is nothing to show that the Scheme is arbitrary or unjust warranting interference. Without considering the advantages in the MACP Scheme, the High Courts erred in interfering with the government's policy 26 OA No.310/00758, 759, 761 & 762/ 2015 in accepting the recommendations of the Sixth Central Pay Commission by simply placing reliance upon Raj Pal's case. The impugned orders cannot be sustained and are liable to be set aside.
52. In the result, all the impugned orders in these batch of appeals arising out of SLP(C) No.21803 of 2014, SLP(C) No.22181 of 2014, SLP(C) No.23335 of 2014, SLP(C) No.23333 of 2014, SLP(C) No.18227 of 2015, SLP(C) No.31125 of 2016 and SLP(C) Diary No.6042 of 2017 are set aside and the appeals preferred by the Union of India are allowed. Consequently, appeal arising out of SLP(C)No.33706 of 2016 is disposed of. No costs.
7. In view of the aforesaid judgment of the Hon'ble Apex Court, the applicants' claim that financial upgradation under the MACP Scheme should follow the promotional hierarchy cannot be accepted, as it would be contrary to the provisions of the Scheme. Therefore, the applicants are not entitled to MACP benefits in the Grade Pay and Pay Band corresponding to the next promotional post in the hierarchy as claimed by them.
8. In the result, all the Original Applications are dismissed. No order as to costs.
(SANGAM NARAIN SRIVASTAVA) (M. SWAMINATHAN)
MEMBER(A) MEMBER(J)
mas 30.04.2025
27 OA No.310/00758, 759, 761 & 762/ 2015