In the case of Sreekala P.V. and Others v. Southern Railway & Ors., issues regarding the application of the MACP Scheme to railway employees have come to light. The Court has remanded the matter to the Tribunal for a fresh decision, considering the circulars issued by the Ministry of Railways. Learn more about this case and its implications in our blog post.
Facts
- The impugned order did not consider the circular dated 12.09.2012 issued by the Ministry of Railways clarifying benefits under the MACP Scheme.
- The circular specifically addressed employees who qualified and were appointed under the promotion quota after clearing LDCE.
- The circular was issued on behalf of the Government of India.
- Sreekala P.V. was appointed as an Office Clerk in South Central Railway in 1984 and was later promoted to ECRC-II and ECRC-I.
- Rosamma Benny was appointed under Sports Quota in Western Railways and later transferred to Palakkad Division in Southern Railway where she was promoted to ECRC-II and ECRC-I.
- The filling of Enquiry-Cum-Reservation Clerks (ECRC) posts includes both direct recruitment and promotion from Sr. Commercial Clerks and Sr. Ticket Collectors. Specific service requirements apply for promotion.
- Direct Recruitment to ECRC grade through LDCE/GDCE may be treated as Direct Recruitment for MACPS.
- Past service in a lower pay scale/Grade Pay is not counted for MACP in cases of appointment through promotion quota.
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Analysis
- The position of posting on transfer as Commercial Clerks needs to be examined to determine if it can be considered as the first promotion for the individuals in question.
- It is crucial to assess whether there has been any merging of pay scales or upgradations that could impact the application of the MACP Scheme to the said individuals.
- Reference should be made to the circular dated 10.06.2009 from the Ministry of Railways (Railway Board) which indicates that financial upgradations are to be counted from the direct entry grade at the completion of 10, 20, and 30 years of service.
- The Ministry of Railways issued a circular on 29.09.2010 providing clarifications regarding the MACP Scheme.
- The circular stated that the benefit under the MACP Scheme starts from the actual joining date of the post in the entry grade.
- Enquiry is needed concerning the appointment of the three individuals to the post of ECRC as per a circular dated 12.09.2012 and Clause 129 of the Indian Railway Establishment Manual Vol. I.
- The Tribunal and the High Court did not address these specific aspects in their orders.
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Decision
- Setting aside the impugned orders passed by the High Court and the Tribunal.
- Remanding the matter to the Tribunal for a fresh decision and adjudication on merits.
- The Tribunal to independently apply their mind to the facts and legal position.
- Calling upon the Southern Railway, Trivandrum and the original applicants to file additional affidavits if required.
- Appeal allowed with an order of remand to the Tribunal, no order as to costs.
- Parties directed to appear before the Tribunal on 30.03.2020 for fixing a further date of hearing.
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Case Title: UNION OF INDIA Vs. ROSAMMA BENNY (2020 INSC 128)
Case Number: C.A. No.-000996-000996 / 2020
