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CAT judgement on MACP

· 2021-08-18
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Date2021-08-18
TypeCommercial Circular
Topicticket-checking

Summary

order of Hon'ble High Court was dismissed by Hon'ble Apex Court vide order

Text of the circular

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OA 260/00485 of 2021

CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH

OA 200/00485 of 2021
Pronounced on: 15.11.2023

Reserved on: QR | | 20238

CORAM:

HON'BLE MR. PRAMOD KUMAR DAS, MEMBER (A)
HON’ BLE MR. RATNISH KUMAR RAL MEMBER (J)

1, Bast Coast Railway Engineers Association, represented through
its General Secretary Ev, Bishnu Prasad Dash, aged about 49 years,
Son of Paramananda Dash, at present working as Senior Section
Engineer (Bridge/ Con), East) Coast Railway, Rail Sadan,
Chandrasekharpur, Bhubaneswar, Dist.- Khurda-751017.

2. Malaya Kumar Dash, aged about 46 years, Son of Late
Dhirendranath Dash, at present working as Senior Section
Engineer (S&T), East Coast — Railway, — Rail ~~ Sadan,
Chandrasekharpur, Bhubaneswar, Dist. Khurda-75 1017.

BI; 3, Ram Nath Bhoi, aged about 49 years, Son of Damodar Bhoi, at
eu. ood ~ थे S 4 S ti E . . E
— A present working as Senior Section Engineer (Electrical), East
Coast Railway, Rail Sadan, Chandrasekharpur, Bhubaneswar, Dist.
Khurda:75 1017,

4. Abhaya Kumar Sutar, aged about 55 years, Son of Akshaya
Kumar Sutar, at present working as Senior Section Engineer
(Electrical), East Coast Railway, Rail Sadan, Chandrasekharpur,
Bhubaneswar, Dist.- Khurda-751017.

5. Narendra Kumar Behera, aged about 50 years, Son of Late
Sribatchha Behera, at present working as Junior Engineer
(Electrical), East Coast Railway, Rail Sadan, Chandrasekharpur,
Bhubaneswar, Dist.- Khurda-751017.

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a ti

OA 260/00485 of 2021

कि [घाव
6. Tarun Kumar Prusty, aged about 43 years, Son of कक Bala
ineer (Drawing).

Prusty, At present working Senior Section Eng) _
East Coast Railway. Rail Sadan, Chandrasekharpur, Bhubaneswar,
Dist.- Khurda-751017.

7. Santosh Kumar Dalabehera, aged about 43 years, Son of
Khetrabasi Dalabehera, At present working as Junior Engineer
(Works], East Coast Railway, Rail Sadan, Chandrasekharpur,
Bhubaneswar, Dist.- Knurda-751017.

8. Durga Prasad Sahoo, aged about 48 years, Son of Late Sridhar
Kumar Sahoo, at present working as Senior Section Engineer
(Mech.), East Coast Railway, Rail Sadan, Chandrasekharpur,
Bhubaneswar, Dist- Khurda-751017.
= Applicants
VERSUS

1. Union of India, represented through the General Manager, East
Coast Railway, Rail Sadan, Chandrasekharpur, Bhubaneswar, Dist.

Khurda-751017.

2. Principal Chief Personnel Officer, East Coast Railway, Rail
Sadan, Chandrasekharpur, Bhubaneswar, Dist.Khurda- 751017.

3. Secretary, Railway Board, Rail Bhawan, New Delhi-110001.

aos Respondents
For the applicant : Mr. N.R.Routray, Counsel
For the respondents : Mr. B.Nayak, Counsel
ORDER
PRAMOD KUMAR DAS, MEMBER (A):

instead of going into tit bit of the whole matter, it would suffice to state

that the grievance of the applicants in this OA is against the order of rejection

3 OA 260/00485 of 2021

dated 18.08.2021 (A/17) in denying the claim of the applicants to count the
qualifying period of service for the purpose of granting them financial

upgradation under MACP Scheme wef. their respective dates of training

before being appointed after successful completion of training in the posts

against which they were selected through Railway Recruitment Board. In this

OA, their prayer is to quash the said order of rejection dated 18.08.2021

(A/17), to direct the respondents (0 compute the _ in-service/post-
appointment training period as qualifying service for grant of financial
upgradation under MACP Scheme for Junior Engineers and Senior Section

Engineers of E.Co.Rly., to antedate the financial upgradations granted to them पुर

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under MACP Scheme and to pay the differential arrear salary. } g Za 2 S 4
\ 4 B/ )

i aged

Respondent have filed their counter contesting the case of the applicant and

—

the applicant has also filed rejoinder but we feel no necessity to record all
those submission in view of the settled position of law

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