AI Structured Summary
Not yet generated for this judgment
Judgment
By Hon’ble Mr. Rajnish Kumar Rai, Member (J):-
Heard, Shri Gopal Ji Khare as well as Shri Ankit Singh, counsel for the applicant and Shri Anil Kumar, counsel for the respondents.
The instant original application has been filed seeking following reliefs: -
“A. Delcare that the applicants are legally entitled to the grant of 3rd Financial upgradation under the MACP Scheme in the next higher Grade Pay of Rs.4600, by ignoring the lateral inductions made within Grade Pay Rs.4200.
B. Direct the respondents to forthwith grant the applicants 3rd MACP in Grade Pay of Rs.4600 with immediate effect and to refix their pay and allowances accordingly.
C. Further direct the respondents to release all consequential benefits, including arrears of pay and allowances, together with interest at such rate as this Hon’ble Tribunal may deem fit, from the date of eligibility till the actual date of payment.
D. Pass any other or further order(s) as this Hon’ble Tribunal may deem fit and proper in the facts and circumstance of the case, in the interest of justice.”
Learned counsel for the applicant submitted that issue has already been settled by the various Tribunals, after considering para 5 and 8 of the Scheme of MACP and any higher promotion in the same pay grade is considered as a lateral entry, and therefore, applicants are entitled for higher grade pay. It is submitted further that they are commonly placed and posted at Gorakhpur under the North Eastern Railway, Lucknow Division and the competent authority in this case is the Divisional Railway Manager (Personnel), North Eastern Railway i.e. opposite party no.2/3 and therefore, all the applicants have submitted their representations to the said respondents as to take a decision on the pending representations. However, till date, the said representations have not been considered and at this stage, they will be satisfied, if the pending representations of the applicants will be decided by a reasoned and speaking order in accordance with law and a time bound manner.
Learned counsel for the respondents objected the same as all the applicants have posted at different places, therefore, competent authority might be different each and every cases.
Having considered the facts of the case and considering the limited prayer made by the applicants without going into the merits of the case, we are in opinion to dispose this original application with direction upon respondents no.2/3 to consider the grievance of the applicants raised by representation dated 05.08.2025 as well as reminder representations of all the applicants dated 21.07.2026 in accordance with law as well as the Scheme of MACP, by passing a reasoned and speaking order, within a period of three months from the date of receipt of a certified copy of this order.
No order as to costs.