Dineshkumar Sharma vs WESTERN RAILWAY on 26 October 2026

CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD Order Sheet Item no.: 4 O.A./538/2026 (AHMEDABAD) [ SCALE OF PAY/MACP ] [ SENIOR CITIZEN ] Court No.: 1 No of Adjournment: Order Dated: 26/10/2026 DINESHKUMAR SHARMA Vs WESTERN RAILWAY

For Applicant(s) Advocate : VILAS PURANI

For Respondent(s) Advocate : Order of The Tribunal

Ms. Vilas Purani learned counsel for the applicant present. Learned counsel for the applicant submits that initially the applicants were appointed as Permanent Way Mistry (PWM) in the erstwhile pay scale of Rs.1400- 2300/-. Subsequently, the said post was upgraded to and merged with JE(P.Way) Grade-ll in the scale of Rs.5000-8000/-, with corresponding spread effect to JE-I, SE and SSE grades. Further, it is stated that the respondents have considered the said upgradation of the post as promotion and accordingly have denied the benefit of MACP to the applicants herein. Being aggrieved, the applicants have submitted representation which has not been considered, till date. Hence, this OA. Learned counsel for the applicant placed reliance on the details provided at chart annexed at Annexure A/1 as well as on the order passed by the Principle Bench of this Tribunal in O.A. No. 1386/2013 dated 01.09.2016 wherein it has been held that all promotions from Mistry to JE has to be ignored for the purpose of giving MACP as it was granted due to merger.

The said order of this Tribunal dated 01.09.2016 was challenged by the respondents therein before the Hon'ble High Court of Delhi by way of filing W.P.(C) No. 10995/2016 dated 21.11.2016 (Union of India & Ors. Vs. Javed Ahmed & Ors.). The said writ petition was dimissed by the Hon'ble High Court of Delhi vide order dated 21.11.2016 and the Civil Appeal No. 3129-3130/2019 filed thereon was also dismissed by the Hon'ble Supreme Court vide order dated 18.01.2024. Thus, the order passed by the Principle Bench of this Tribunal in O.A. No. 1386/2013 dated 01.09.2016 has attained finality whereby it has been held that upgraded post cannot be treated as promotion while granting the benefit of MACP. Heard. Considering the facts and grounds as stated in M.A. No. 530/2026 (Condonation of Delay) and M.A. No. 531/2026 (Joint Application), the same are allowed. Considering the aforesaid submissions and judgments, we "Issue Notice" to the respondents on OA, returnable on 07.12.2026.

Sanjiv Kumar Member (A) Jayesh V Bhairavia Member (J) Pratik Vyas ( steno 'c' )