SURJYA KALITA vs N.F.RAILWAY on 14 October 2026

ORDER

PER: RAJINDER SINGH DOGRA, MEMBER (J):

The applicant has filed the instant Original Application seeking directions to modify and implement Office Order No. 86/2024 dated 29.04.2024 issued by the General Manager (Construction), N.F. Railway. By way of this modification, the applicant seeks the actual release and structural refixation of his pay in Pay Level-9 (corresponding to the pre-revised Grade Pay of Rs. 5,400/- in PB-2) under the mandates of the Modified Assured Career Progression (MACP) Scheme w.e.f. 18.04.2009 and 18.04.2019 instead of 16.05.2010 and 16.05.2020 along with all accumulated financial arrears.

2. Brief facts as stated by the applicant in the instant case are that – the applicant joined his services on 25.04.1989 as PWM /Grade-III under the Rangia Division of N.F. Railway and superannuated from service on 31.07.2024. The applicant was granted financial upgradation in Pay Level-8 under MACP w.e.f. 18.04.2009 vide Office Order No.246/2017 dated

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15.11.2017 (Annexure-A/4). Thereafter, the General Manager/Con, N.F. Railway, Maligaon issued Office Order No.86/2024 dated 29.04.2024 revising the date of MACP and fixed the same w.e.f. 16.05.2010 and 16.05.2020 with a Grade Pay of Rs.5,400/- in Pay Level-9 (Annexure-A/1) but the said order was not implemented and the applicant was superannuated from service dated 31.07.2024 in Pay Level-8.

3. That the applicant is aggrieved by the impugned Office Order No.86/2024 dated 29.04.2024 issued by the General Manager/Con, N.F. Railway whereby the MACP benefit granted to the applicant w.e.f. 18.04.2009 vide Office Order No.246/2017 dated 15.11.2017 was changed and fixed w.e.f. 16.05.2010 and the 2nd MACP was granted to the applicant w.e.f. 16.05.2020 instead of 18.04.2019. As per the applicant, he joined his services on 25.04.1989 as PWM (Grade- III) under the Rangia Division of N.F. Railway. After completion of 12 months training and passing the final examination, he was appointed vide Office Order dated 15.05.1990 issued by the Divisional Railway Manager (P), N.F. Railway, Alipurduar Junction. In the year 2003, the respondent

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authorities prepared a Provisional Seniority list of JE (P.Way) as on 01.04.2003 vide No. E/255/13 Pt.II/ RNY (Works) dated 07.01.2005 and in the said Seniority list, the name of the applicant was listed at SI. No. 11. The applicant after working about 20 years in the post of JE (P. Way)/Con was promoted to the post of SSE (P. Way) vide Office Order No. E/254/RNY (E) Pt-I/SE(P. way)/selection dated 27.09.2011 issued by the DRM (P), N.F. Railway, Rangiya. In the year 2017, the respondent authorities granted financial upgradation to the applicant under MACP Scheme on completion of 10/20/30 years of regular service and upgraded the applicant to the Pay Level-8 with effect from 18.04.2009 vide Office Order No.246/2017 dated 15.11.2017 issued by the General Manager/Con, N.F. Railway, Maligaon. After grant of financial upgradation under the MACP Scheme, the pay scale of the applicant was revised and re-fixed vide Memo No.13/2017-18 dated 02.01.2018 issued by the Deputy Chief Engineer /Con-II, N. F. Railway, Agartala.

4. Applicant contends that although he was granted MACP benefit with effect from 18.04.2009 vide the

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aforementioned Office Order No.246/2017 dated 15.11.2017 but, subsequently, the General Manager/Con issued the impugned Office Order No.86/2024 dated 29.04.2024 and modified the date of the said benefit and fixed the same w.e.f. 16.05.2010 and 16.05.2020 instead of 18.04.2009 and 18.04.2019. Thereafter, in pursuance of the aforesaid impugned order, the Executive Engineer] Con/IC/AGTL, N.F. Railway, Agartala, fixed the pay scale of the applicant in Pay Level-9 w.e.f. 16.05.2020 vide Memo No.01/2024-25 dated 24.06.2024. As per the applicant, although he was granted Pay Level-9 with a Grade pay of Rs.5,400/- w.e.f. 16.05.2020 vide the aforementioned impugned order dated 29.04.2024 and Memo No.24.06.2024, even the aforesaid orders were not implemented by the respondent authorities and ultimately the applicant had to superannuate from his service in Pay Level-8 with Grade Pay of Rs.4,800/-. On the other hand, the respondent authorities granted Pay Level-9 under MACP to the co-employee of the applicant namely Razekul Haque, who also joined as JE/Gr. III with the applicant under the Rangiya Division vide the common appointment Order dated

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15.05.1990. The Order of granting the Pay-Level-9 to the said co-employee Razekul Hague w.e.f. 02.06.2020 was issued by the DRM(P)/N.F. Railway, Rangiya vide Office Order dated 03.02.2022. Since the applicant is similarly situated with the other employees joined together at the time of appointment under the same Division vide the common appointment order, hence the respondent authorities cannot make any discrimination between the similarly situated employees.

5. As per the applicant, the Railway Board, Govt. of India issued guidelines for granting financial upgradation under MACPS to the Railway Employees vide RBE No.101/2009 dated 10.06.2009 and as per the said guidelines, it has been recommended to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service. Thereafter, The Department of Personnel and Training, Govt. of India issued Office Memorandum dated 05.04.2021 wherein it has been decided that as per the MACPS guidelines, there shall be three financial upgradations under the MACPS, counted from direct entry grade on completion of 10, 20 and 30 years of service respectively. But

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the respondent authorities have not acted as per the said guidelines laid down from time to time and deprived the applicant from his 3rd MACP and financial upgradation in Pay Level-9.

6. Respondents have filed their written statement wherein they states that earlier the proposal for vetting of 3rd MACP (O/O No. 86/2024, dated 29.04.2024, GP-5400/+ Level-

9) in favour of the applicant, Ex.SSE/Pway/Con was examined and returned with observations from Accounts Department stating that the applicant was appointed in Railway as Appr. PWM on 19.04.1989 and on regular post of PWM on 16.05.1990 after successful completion of his training vide order dated 15.05.1990 in the pay scale of Rs. 1400 2300/- and he joined the said post on 16.05.1990. His pay was fixed in the corresponding pay scale of Rs. 4500-7000/- w.e.f. 01.01.1996 after implementation of 5th CPC. He was granted his first promotion to the post of JE/II in the pay scale of Rs. 5000- 8000/- vide order dated 23.03.1998 and he joined the post on 26.05.1998. Thereafter, he was promoted to officiate as JE/I in the pay scale of Rs. 5500-9000/- due to restructuring benefit

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w.e.f. 01.11.2003 vide order dated 13.02.2006 and his pay was fixed in the corresponding Pay Band of Rs. 9300-34800/- GP 4200/- w.e.f. 01.01.2006 after implementation of 6th CPC. He was granted 1st financial upgradation under MACPs i.e. 2nd MACP w.e.f. 01.09.2008 after implementation of MACP Scheme in the Pay Band of Rs. 9300-34800/- GP 4600/- i.e. in the next grade pay. He was promoted to the post of SSE (P.Way) having scale PB-2 Rs. 9300-34800/- and GP Rs. 4600/- and posted under DY.CE/C/Agartala vide order dated 29.11.2011. As the applicant was already drawing the promotional scale of Rs. 9300-34800/- and GP Rs. 4600/- w.e.f. 01.09.2008, therefore, no financial benefit received on regular promotion.

7. As per the respondents, the applicant was erroneously granted 2nd financial up-gradation under MACPs i.e. 3rd MACP w.e.f. 18.04.2009 vide order dated 17.11.2017 in the Pay Band of Rs. 9300-34800/- GP 4800/- i.e. in the next grade pay. It is to mention herein that the 3rd MACP ought to fall on 01.09.2018 i.e. after completion of 10 years continuous service in the same grade pay as per the condition 1 of the

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MACP Scheme. That the erroneous grant of 3rd ACP w.e.f. 18.04.2009 was come to the notice of Assistant Finance while processing the applicant's final settlement case after his retirement in the July 2024. Thereafter, it was adviced to re-fix his 3rd MACP w.e.f. 01.09.2018 vide letter No. PNO/Con/Estt/ MACP&Award/2023-24 dated 12.07.2024. Accordingly, his pay was re-fixed.

8. Respondents reiterate that a government servant is entitled for 03 (three) promotions in his entire service carrier. Applicant was granted promotion to JE/II and thereafter, two financial upgradations under the MACP Scheme. Therefore, applicant is not eligible for any further financial benefit as per the extant rule. They further reiterates that financial upgradation under MACPs shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employee in the grade has got higher pay/grade pay under the MACPs.

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9. We have heard Sri M.A. Islam, learned counsel for the applicant and Sri A. Kundu, learned Addl. CGSC for the respondents and scrutinised the whole conspectus of the case.

10. It is an admitted fact that the applicant was entitled to receive financial benefits after the completion of 10 years of regular service in a grade. The record clearly establishes that the applicant was granted his 2nd MACP w.e.f. 01.09.2008, and hence he is only entitled to his 3rd MACP w.e.f. 01.09.2018. Therefore, there is no dispute that the grant of the 3rd MACP w.e.f. 18.04.2009 is erroneous, and accordingly, the same was rectified by the administration. The applicant has no right to claim the 3rd MACP w.e.f. 18.04.2009. As per Condition 1 of the MACP Scheme, the foundational DoPT O.M. dated 22.10.2019, and the subsequent clarifications issued from time to time, an employee is entitled to the 3rd financial upgradation only after completing 10 years of continuous service in the same grade pay or 30 years of overall regular service.

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11. It is a well-settled principle of service jurisprudence that an administrative error or an incorrect fitment calculation does not confer any vested legal right or equity upon an employee, and the state maintains an inherent right to correct clerical and accounting mistakes under proper procedures. The re-fixation has been done in view of the erroneous grant of the 3rd MACP w.e.f. 18.04.2009. The respondents have acted exactly within the boundaries of the governing circulars, and the applicant's demand to implement a flawed order cannot be sustained.

11. In view of the above, the instant O.A. does not merit interference and is accordingly dismissed. Pending M.A., if any, stands disposed of. No order as to costs.

(MALLIKA ARYA)

(RAJINDER SINGH DOGRA)

MEMBER (A)

MEMBER (J)

PB

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