T THIRUMALAI Vs. UNION OF INDIA; GENERAL MANAGER SOUTHERN RAILWAY; DIVISIONAL PERSONNEL OFFICER; REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) This Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed in Original Application No.1338 of 2012 dated 18.11.2015 by the Central Administrative Tribunal, Madras Bench and quash the same and consequently to direct the respondents 1 to 3 to extend the benefits of III MACP with effect from 27.11.2011 to the petitioner.

(2.) The petitioner, as applicant, has filed Original Application No.1338 of 2012 on the file of the Central Administrative Tribunal, Madras Bench, wherein the present writ respondents 1 to 3 have been shown as respondents.

(3.) It is averred in the application that the petitioner has been appointed as an Assistant Station Master in the year 1989 and after completion of successful training, he has been posted in the same post. On 27.11.1991, he has been promoted to the grade of Rs.5000-8000 and subsequent promotion has been been to the grade of Rs.5500-9000 from 1.11.2003. As per VI Central Pay Commission, the two grades mentionedhave become merged and the revised pay is Rs.9300-34800. Further, the grade of Rs.6500-10500 is upgraded to Rs.7450-11500. On the basis of merger, the earlier promotion given to the applicant has been wiped out and accordingly he has been given II MACP on 1.9.2008 to the grade pay of Rs.4600/- upon the introduction of MACP Scheme. On completion of 10 years of service from the regular promotion extended on 27.11.1991, the applicant is entitled to get next MACP on 27.11.2011. The applicant has given a representation and the same has not been considered and under the said circumstances, this application has been filed for getting the relief sought therein.