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Judgment
O R D E R
PER HON’BLE JUSTICE ANIL KUMAR OJHA, MEMBER (J) Heard learned counsel for the applicants, learned counsel for the respondents and perused the records.
Through this Original Application, applicants have prayed for the following relief (s):
“I. To issue a direction to the respondents/competent authority to revisit the case of the applicants for grant of financial upgradation under MACP scheme by counting the qualifying service for grant of MACP from the date of their appointment including the training period as qualifying service, granting all consequential benefits alongwith arrears and interest at the rate of 12% p.a., from date of its due till the actual date of payment.
II. To issue any other order or directions, which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case.
III. To allow this original application with costs against the respondents.”
At the outset, learned counsel for the applicants submitted that the instant O.A. may be disposed of as applicants are only seeking decision on the representations preferred by them in the light of judgment passed by Cuttack Bench of this Tribunal in OA No. 485 of 2021 (East Coast Railways Engineers Association & Ors. vs. Union of India & Ors.) on 15.11.2023 (Annexure No. 2 to the OA), judgment passed by Hon’ble High Court of Orissa in Writ Petition (C) No. 17872 of 2024 on 27.03.2025 (Annexure No. 3 to the OA) and judgment passed by Hon’ble Supreme Court in SLP (C) No. 24399 of 2025 on 29.08.2025 (Annexure No. 4 to the OA) and ends of justice would be served if a direction is given by this Tribunal to the respondents/competent authority to consider and dispose of the pending representations of the applicants attached as Annexure No. A-6 [page 85-96 of the paper-book] to this O.A. in the light of judgment passed by Cuttack Bench of this Tribunal in OA No. 485 of 2021 (East Coast Railways Engineers Association & Ors. vs. Union of India & ors.) on 15.11.2023 (Annexure No. 2 to the OA), judgment passed by Hon’ble High Court of Orissa in Writ Petition (C) No. 17872 of 2024 on 27.03.2025 (Annexure No. 3 to the OA) and judgment passed by Hon’ble Supreme Court in SLP (C) No. 24399 of 2025 on 29.08.2025 (Annexure No. 4 to the OA) by way of reasoned and speaking order within a stipulated period of time.
To this, learned counsel for the respondents orally opposed, however, submitted that in case the applicants’ representations, if not decided yet, are directed to be decided in the manner suggested, then at least three months’ time may be allowed for the same.
In view of the above submission, respondents/ competent authority are directed to consider and decide the representations of the applicants, if not decided yet, attached as Annexure No. A-6 [page 85-96 of the paper-book] to this OA in the light of judgment passed by Cuttack Bench of this Tribunal in OA No. 485 of 2021 (East Coast Railways Engineers Association & Ors. vs. Union of India & ors.) on 15.11.2023 (Annexure No. 2 to the OA), judgment passed by Hon’ble High Court of Orissa in Writ Petition (C) No. 17872 of 2024 on 27.03.2025 (Annexure No. 3 to the OA) and judgment passed by Hon’ble Supreme Court in SLP (C) No. 24399 of 2025 on 29.08.2025 (Annexure No. 4 to the OA) and pass a reasoned and speaking order as per law within a period of three months from the date of receipt of certified copy of this order, under intimation forthwith to the applicants.
It is made clear that nothing has been commented upon the merits of the case.
For avoidance of doubts, it is clarified that similarity of facts and applicability of judgments shall be determined by the competent authority itself while deciding the representations of the applicants.
The OA is disposed of accordingly. There is no order as to costs.