UNION OF INDIA Vs. SUBRATA MUKHERJEE

JUDGEMENT

(1.) The core issue in the instant writ petition pertains to the financial upgradation under the Modified Assured Career progression Scheme (MACPS) on the basis of the recommendation of the 6th Central Pay Commission adopted by the Ministry of Railways. The said scheme provides three financial upgradation counted from the direct entry grade on completion of 10, 20, 30 years of service respectively. It is not in dispute that after adopting the recommendation of the 6th Pay Commission, the Railway Authorities extended the benefit of financial upgradation to its employees but the dispute cropped up when the railway took the stand that the employees who were initially appointed as Khalasi or at Group-D post on ad-hoc/temporary basis shall be considered as the entry grade and not when they were absorbed in Skill Grade-III (Technical Grade-III). In other words, their appointment to the post of the Technical Grade-III was considered as the promotion to such posts from Group-D and, therefore, they are entitled to three financial upgradation under the said MACP Schemes having promoted to the post of Technician Grade-I.

(2.) That being the foundation of the dispute, slew of representations came from the sizable numbers of employees who were appointed to the post of Group-D on ad-hoc and/or temporary basis that the aforesaid decision of the Railway Authorities are contrary to the aforesaid scheme.

(3.) The challenge was also made to a decision of the Railway Authorities to recover the excess amount which some of the employees received upon a financial upgradation beyond Technical grade-I as the Railway Authorities found that such financial upgradation was granted erroneously being the fourth financial upgradation which is contrary to the said scheme. Since their representations were not considered favourably , the challenge was thrown to the Circular dtd. 9/6/2011 whereunder the entry grade was directed to reckon from Group-D before the Tribunal in OA no. 580 of 2011.