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3. After notice, the respondents have entered appearance through their counsel and filed a detailed reply statement opposing the relief claimed by the applicant in the OA stating therein that comparison cannot be drawn between the applicant and his junior Shri L. Sivakumar. Shri L. Sivakumar, was selected by the Railway Service Commission for the post of Traffic Apprentice in scale 455-700. After completion of two years training, absorbed as Station Master in scale Rs. 1400-2300, with effect from 15.1.1989. He was further promoted as Station Master Grade II in scale Rs.5500-9000 with effect from 1.11.2003 on account of cadre restructuring. In terms of the MACP scheme, in RBE No.101/2009, Shri L.Sivakumar, having not earned any promotion in his entire career, was granted Financial Upgradation to the Grade Pay of Rs.4600/- and Rs.4800/- and his pay was fixed at Rs. 15,720/- + Rs.4600/- Rs.20,320/- with effect from 1.9.2008 and Rs. 16,330/- + Rs.4800/ Rs.21,130/with effect from 15.1.2009. The said junior was not similarly appointed as trainee Assistant Station Master, when compared with the applicant. In terms of Clause 20, there cannot be any comparison with the junior. In this case, the junior was granted 2nd MACP to the Grade Pay of Rs.4800/- with effect from 15.1.2009 and his pay was fixed at Rs.21,130/-, whereas the applicant was drawing the pay of Rs.20,700/- on 15.1.2009. Even otherwise clause 20 prohibits stepping up of pay in the MACP Scheme. Further the applicant was entitled for 2nd and 3rd MACPs i.e. on completion of 20/30 years with effect from 1.9.2008 / 24.12.2013 respectively, whereas the junior in terms of clause 5, being in the entry grade and not having any promotion had to be extended with First and Second Financial Upgradations in the Grade Pay of Rs.4600/- and Rs.4800/- and there cannot be any comparison with his junior who had no promotion at all and who stood at the entry level of his service, even after completion of 20 years of his service. The respondents submit that in terms of FR 22, the applicant is receiving more pay than the junior. As on 15.1.2009, Shri L.Sivakumar was drawing Rs.21,130/- and the applicant was drawing Rs.20,700/-. As on 1.7.2014, Shri L. Sivakumar, the junior was drawing the basic pay of Rs. 25,260/- whereas the applicant was drawing Rs.25,680/- by virtue of the grant of 3rd MACP to him. Thus, there is no violation of FR 22 and this ground is without merits and baseless. There is a vast difference in the Basic pay of the applicant when compared with the junior. Therefore further upgradation/stepping up is impermissible. Hence they prayed for dismissal of the OA.