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High Court of KeralaDivision BenchReview petitions rejected; limited clarificatio...

Union of India v All India Loco Running Staff Association

Case / Petition Number:RP 148/2021 in OP(CAT) No.39/2013; RP 68/2021; RP 326/2021; RP 171/2021; RP 166/2021; RP 323/2021 (all in OP(CAT) Nos cited in the judgment)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
  • P. V. Kunhikrishnan
Judgment Date
2021-07-15
Court Decision / Holding
The review petitions are rejected, with limited clarifications. The Court clarifies the application timelines: Clause 5 applies from 01.09.2008; Clause 8 applies after 01.09.2008 with stagnation reckoning from 01.01.2006, and promotions/upgradations within the same grade pay under the VI Pay Commission are to be ignored for MACPS purposes. It notes that the petitioners’ attempt to re-hear the CAT petitions is not permissible under Kamal Sengupta and partly notes that Mohanan Nair’s ratio is not fully followed. Overall, the review petitions are dismissed, confirming the CAT judgments while issuing these clarifications.
Final Disposition
Review petitions rejected; limited clarifications issued.

Parties to the Case

Appellants / Petitioners

  • Union of India
  • Chief Personnel Officer, Southern Railway
  • Senior Divisional Personnel Officer, Southern Railway, Palakkad Division
  • Senior Divisional Personnel Officer, Southern Railway, Salem Division
  • Secretary to Government of India, Ministry of Railways (Railway Board)

Respondents

  • All India Loco Running Staff Association
  • K.G. Ajithkumar
  • P.M. Prakash
  • Roly M. Muttappillil
  • C.S. Kishor
  • V.Ramesh
  • T. Sankaranarayanan
  • M.G. Sajikumar
  • P. Selvakumar
  • K. Satheesan
  • R. Rajendran
  • S. Ravichandran
  • K.V. Devassy
  • B. Subhash Bhasi
  • Jenson Thomas
  • T.J. Robert
  • G.S. Abraham
  • B. Pradeep
  • K. Mohanan Pillai
  • A.C. Gurunath
  • Lyndon Charles
  • K. Venugopala Pillai
  • P. Vijayan
  • G.R. Mahesh
  • K. Pradeep Kumar

Legal Representation & Advocates

Counsels for Petitioners

  • • B. Rajesh, Senior Counsel (SC), Railways

Counsels for Respondents

  • • T. C. Govindaswamy, Advocate
  • • Martin G. Thottan, Advocate

Case Synopsis & Summary

These review petitions challenge a common judgment of the Central Administrative Tribunal (Ernakulam Bench) on MACPS (Modified Assured Career Progression Scheme) for Railway personnel. The petitioners, led by Union of India and senior railway officers, contend that the interpretation of MACPS clauses 5 and 8, as well as the period from which certain benefits accrue, is incorrect. The respondents, including All India Loco Running Staff Association and several loco pilot employees, seek proper credit for promotions/upgradations in the same grade pay and how MACPS applies to pre-2008 promotions under the VIth Pay Commission. The court identifies three core grounds: (i) Clause 8 would apply after 01.09.2008, and the relevant stagnation period for the grant of higher pay should align with 01.01.2006; (ii) Clause 5 should apply from the date MACPS was introduced (01.09.2008) to avoid heart-burn arising from merger/upgradation; (iii) the decision in Union of India v. M.V. Mohanan Nair (2020) 2 SCT 366 has not been fully followed, while Kamal Sengupta (2008) 8 SCC 612 prevents re-hearing of the CAT petitions. The Court explicitly corrects dates and clarifies that stagnation under VI Pay Commission is to be computed from 01.01.2006. Ultimately, the review petitions are dismissed with limited clarifications. the bench emphasizes judicial interpretation within the limits of review and non-rehearing of original CAT orders.

Provisions of Law Cited

MACPS (Modified Assured Career Progression Scheme)Clause 5 of MACPSClause 8 of MACPSFundamental RulesVIth Pay Commission

Legal Doctrines & Maxims

  • Rehearing original petitions in a review is not permissible (Kamal Sengupta doctrine)
  • Judicial interpretation of statutory schemes within the scope of review; finality of CAT judgments

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that MACPS requires counting only promotions that carry the same grade pay or higher, and that pre-MACPS promotions/upgradations in the same grade pay should be ignored for MACPS qualifications. They contended Clause 5 becomes applicable from 01.09.2008; Clause 8 applies after 01.09.2008, with stagnation calculations anchored to 01.01.2006 (VI Pay Commission integrations). They urged that the High Court’s interpretation in the CAT judgments be re-examined, arguing for upholding prior benefits under existing pay commissions.

Contentions of Respondents

The respondents contended that review is not a re-hearing of the CAT judgments and that the MACPS provisions must be read in light of the VI Pay Commission and the date-specific applicability of Clause 5 and Clause 8. They asserted that pre-2008 promotions in the same grade pay should not be ignored if they contributed to MACPS eligibility, and urged adherence to Kamal Sengupta’s principle to prevent re-litigation of the original petitions.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Union of India & Others v. M.V. Mohanan Nair(2020) 2 SCT 366Partly Overruled / LimitedThe court acknowledges Mohanan Nair but states its ratio has not been fully followed in this context; the decision’s application is narrowed.
State of West Bengal v. Kamal Sengupta(2008) 8 SCC 612PositiveUsed as controlling authority to hold that re-hearing of CAT judgments is not permissible in review proceedings.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 15[TH] DAY OF JULY 2021 / 24TH ASHADHA, 1943 R.P.NO.148 OF 2021** **AGAINST THE JUDGMENT IN O.P (CAT)NO.39/2013 DATED 20.03.2020 OF HIGH COURT OF KERALA.** ## **REVIEW PETITIONERS/ PETITIONERS:** - **1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-3.** - **2 THE CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O, CHENNAI-3.** - **3 SENIOR DIVISIONAL PERSONAL OFFICER, SOUTHERN RAILWAY, PALAKKAD DIVISION, PALAKKAD-678 002** - **4 SENIOR DIVISIONAL PERSONAL OFFICER, SOUTHERN RAILWAY, SALEM DIVISION, SALEM-5.** - **5 THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS (RAILWAY BOARD), NEW DELHI 110 001.** **BY ADV SRI.B.RAJESH, SC, RAILWAYS** ## **RESPONDENT/S:** - **1 ALL INDIA LOCO RUNNING STAFF ASSOCIATION, REG. NO. 17903, SOUTHERN RAILWAY, SOUTH ZONE, REPRESENTED BY ITS SECRETARY, GEOMY GEORGE, S/O. GEORGE CHERIAN, WORKING AS LOCO PILOT (MAIL), SHORANUR RAILWAY STATION, SHORANUR, RESIDING AT CHITHIRAPURAM HOUSE, K.V.R ROAD, SHORANUR-670 121.** **RP.148/2021 in OP(CAT).39/2013 - 2 -** ## **& connected cases** - **2 K.G. AJITHKUMAR, S/O. A.KARUNAKARAN, LOCO PILOT (MAIL), SOUTHERN RAILWAY, SHORANUR RAILWAY STATION, SHORANUR, RESIDING AT 162 B, RAILWAY QUARTERS, GANESHGIRI P.O, SHORANUR-679 123** - **3 P.M. PRAKASH, S/O. P.K. MADHAVAN, LOCO PILOT (MAIL), SOUTHERN RAILWAY, SHORANUR RAILWAY STATION, SHORANUR, RESIDING AT RAILWAY QUARTERS NO.301 D, SHORANUR-679 121.** **R1 TO R3 BY ADV.SRI.T.C.GOVINDA SWAMY** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15.07.2021, ALONG WITH RP.NOS.171/2021, 166/2021, 326/2021, 323/2021 & 68/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **RP.148/2021 in OP(CAT).39/2013 - 3 - & connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 15[TH] DAY OF JULY 2021 / 24TH ASHADHA, 1943** **R.P.NO.68 OF 2021** **AGAINST THE JUDGMENT IN O.P (CAT)NO.3953/2012 DATED 20.03.2020 OF HIGH COURT OF KERALA.** ## **REVIEW PETITIONERS/ PETITIONERS:** - **1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P. O., CHENNAI - 600 001.** - **2 CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P. O., CHENNAI - 600 001.** - **3 SR.DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM - 695 014.** - **4 THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAILWAY BOARD, RAIL BHAVAN, NEW DELHI - 110 001. BY ADV SRI.B.RAJESH, SC, RAILWAYS** ## **RESPONDENTS/ RESPONDENTS:** - **1 ALL INDIA LOCO RUNNING STAFF ASSOCIATION, REG.NO.17903, SOUTHERN RAILWAY, TRIVANDRUM, REPRESENTED BY ITS SECRETARY G. SREEKANTAN, PRESENTLY WORKING AS LOCO PILOT (MAIL), QUILON, RESIDING AT - MARIVEEDU, ALINTHARA, VENJARAMOODU P. O., THIRUVANANTHAPURAM - 695 607.** **RP.148/2021 in OP(CAT).39/2013 - 4 -** ## **& connected cases** - **2 ROLY M. MUTTAPPILLIL, S/O. M. M. MANI, LOCO PILOT (MAIL), SOUTHERN RAILWAY, ERNAKULAM JUNCTION, RESIDING AT MUTTAPPILLIL HOUSE, KURAVILANGAD POST, KOTTAYAM - 686 633.** - **3 C.S. KISHOR, S/O. CHANDRASEKHARAN NAIR, LOCO PILOT (MAIL), SOUTHERN RAILWAY, TRIVANDRUM CENTRAL, RESIDING AT 'HRIDYAM', T. C. 18/143(3), PLAVILA, THIRUMALA P.O., TRIVANDRUM - 695 006.** **R1 TO R3 BY ADV.SRI.T.C.GOVINDASWAMY** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15.07.2021, ALONG WITH R.P.NO.148/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **RP.148/2021 in OP(CAT).39/2013 - 5 - & connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 15[TH] DAY OF JULY 2021 / 24TH ASHADHA, 1943** ## **R.P.NO.326 OF 2021** **AGAINST THE JUDGMENT IN O.P (CAT)NO.4220/2012 DATED 20.03.2020 OF HIGH COURT OF KERALA.** ## **REVISION PETITIONERS/ PETITIONERS:** - **1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600003.** - **2 CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600003.** - **3 DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM-695014.** **BY ADV SRI.B.RAJESH, SC, RAILWAYS.** ## **RESPONDENTS/ RESPONDENTS:** - **1 V.RAMESH, S/O. BHASKARAN, LOCO PILOT (MAIL), SOUTHERN RAILWAY, TRIVANDRUM, RESIDING AT: ASWATHY, CHIRAKKARATHAZHAM P.O., KOLLAM-691578.** - **2 T.SANKARANARAYAN, S/O. THIRUVENGADAM, LOCO PILOT (MAIL), SOUTHERN RAILWAY, NAGERCOIL, RESIDING AT 153/36, VAYAL STREET, VADALIVILAI, KOTTAR, NAGERCOIL-629002.** - **3 M.G.SAJIKUMAR, S/O. GOPINATHAN PILLAI, LOCO PILOT(MAIL), SOUTHERN RAILWAY/TRIVANDRUM, RESIDING AT TC 8/1082(1), MYTHREE NAGAR, VALIYAVILA, THIRUVANANTHAPURAM-695006.** ## **RP.148/2021 in OP(CAT).39/2013 - 6 - & connected cases** - **4 P.SELVAKUMAR, S/O.PETCHIMUTHU, LOCO PILOT (MAIL), SOUTHERN RAILWAY/NAGERCOIL, RESIDING AT PLOT NO. 102, 443 C-I, MOOKAMBIGA ILLOM, 1ST CROSS STREET, PALAYAMKOTTAI, THIRUNELVELI-627002.** - **5 K.SATHEESAN, S/O. KUTTAPPAN, LOCO PILOT (MAIL), SOUTHERN RAILWAY/QUILON, RESIDING AT SRUTHY, THURUTHIKKARA P.O., KUNNATHUR, KOLLAM-690540.** - **6 R.RAJENDRAN, S/O. RAMAN PILLAI, LOCO PILOT (MAIL), SOUTHERN RAILWAY/QUILON, RESIDING AT THUNDIL BHAVAN, THIRUMULLAVAROM P.O., KOLLAM-691012.** - **7 S.RAVICHANDRAN, S/O. MUTHU, LOCO PILOT (MAIL), SOUTHERN RAILWAY/TRIVANDRUM, RESIDING AT GURUKRIPA, TC 48/631, AMBALATHARA, THIRUVANANTHAPURAM-695026.** - **8 K.V.DEVASSY, S/O.VARGHESE, LOCO PILOT (MAIL), SOUTHERN RAILWAY/ERNAKULAM, RESIDING AT KOVATHIL HOUSE, SAHAKARANA ROAD, PONNURUNNY, VYTILLA, ERNAKULAM-682019.** - **9 B.SUBHASH BHASI, S/O. BHASKARAN, LOCO PILOT (MAIL), SOUTHERN RAILWAY/TRIVANDRUM, RESIDING AT SOUPARNIKA, ASWATHI GARDENS, AMBALATHARA, THIRUVANANTHAPURAM-695026.** - **10 JENSON THOMAS, S/O. THOMAS, LOCO PILOT (MAIL), SOUTHERN RAILWAY/ERNAKULAM, RESIDING AT THEKKEKARA HOUSE, VAPPALASSERI P.O., ANGAMALI, ERNAKULAM DISTRICT, PIN-683572.** - **11 T.J.ROBERT, S/O. THOMMI JOSEPH, LOCO PILOT (MAIL), SOUTHERN RAILWAY/ERNAKULAM, RESIDING AT THAIPPARAMBIL HOUSE, GREEN LANE, SSKS ROAD, VADUTHALA P.O., KOCHI-682023.** - **12 G.S.ABRAHAM, S/O. SAMUEL, LOCO PILOT (MAIL), SOUTHERN RAILWAY/QUILON, RESIDING AT TRA-1, KOTTURAZHIKOM, MUNDAKKAL WEST, KOLLAM-691010.** - **13 B.PRADEEP, S/O. BALAKRISHNAN NAIR, LOCO PILOT (MAIL), SOUTHERN RAILWAY/TRIVANDRUM, RESIDING AT DEVI VIHAR, CHOZHIYAKKAD, CHANNANIKAD P.O., KOTTAYAM WEST, PIN-686533.** - **14 K.MOHANAN PILLAI, S/O. KOCHUNNI KURUP, LOCO PILOT (PASSENGER), SOUTHERN RAILWAY/QUILON, RESIDING AT DARSANAM, EDAVATTOM, KARUVELIL P.O., EZHUKONE, KOLLAM-691505.** **RP.148/2021 in OP(CAT).39/2013 - 7 -** ## **& connected cases** - **15 A.C.GURUNATH, S/O. KUTTALAM PILLAI, LOCO PILOT (PASSENGER), SOUTHERN RAILWAY/TRIVANDRUM, RESIDING AT YNA-63, YAMUNA NAGAR, MANACAUD, THIRUVANANTHAPURAM-695009.** - **16 LYNDON CHARLES, S/O. BENNET, LOCO PILOT (PASSENGER), SOUTHERN RAILWAY/TRIVANDRUM, RESIDING NEAR LMS COMPOUND, CHERUVARAKONAM, PARASSALA, THIRUVANANTHAPURAM-695502.** **R1 TO R16 BY ADV.SRI.MARTIN G.THOTTAN** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15.07.2021, ALONG WITH R.P.148/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **RP.148/2021 in OP(CAT).39/2013 - 8 - & connected cases** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 15[TH] DAY OF JULY 2021 / 24TH ASHADHA, 1943** **R.P.NO.171 OF 2021** **AGAINST THE JUDGMENT IN O.P (CAT)NO. 2352/2013 DATED 20.03.2020 OF HIGH COURT OF KERALA.** ## **PETITIONERS/ PETITIONERS:** **1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI 600 003.** - **2 CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI 600 003.** **3 DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM 695 014.** - **4 SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF RAILWAYS, RAILWAY ROAD, NEW DELHI-110 001.** **BY ADV SRI.B.RAJESH, SC, RAILWAYS** ## **RESPONDENTS/ RESPONDENTS:** - **1 G.R.MAHESH, S/O.R.GANGADHARAN, LOCO PILOT (MAIL), SOUTHERN RAILWAY/QUILON JUNCTION, RESIDING AT REMYA NIVAS, TKMC P.O., PEROOR, KOLLAM 691 005.** **RP.148/2021 in OP(CAT).39/2013 - 9 -** ## **& connected cases** - **2 K.PRADEEP KUMAR, S/O.KUNHIRAMAN, LOCO PILOT (MAIL), SOUTHERN RAILWAY, ERNAKULAM JUNCTION, COCHIN 682 016, RESIDING AT PUNARTHAM HOUSE, WEST CHALKUDI, TRICHUR DISTRICT 680 001.** **R1 & R2 BY ADV.SRI.T.C.GOVINDA SWAMY** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15.07.2021, ALONG WITH RP.148/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **RP.148/2021 in OP(CAT).39/2013 - 10 - & connected cases** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 15[TH] DAY OF JULY 2021 / 24TH ASHADHA, 1943 R.P.NO.166 OF 2021** **AGAINST THE JUDGMENT IN O.P (CAT)NO.194/2016 DATED 20.03.2020 OF HIGH COURT OF KERALA.** ## **REVIEW PETITIONERS/ PETITIONERS:** - **1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI-600 003.** - **2 SENIOR DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM-695 014.** - **3 SENIOR DIVISIONAL FINANCE MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM-695 014.** **BY ADV SRI.B.RAJESH, SC, RAILWAYS** ## **RESPONDENT/RESPONDENT:** **P.P.CHACKO, S/O.PEELY, RETIRED LOCO PILOT/MAIL, SOUTHERN RAILWAY, ERNAKULAM, RESIDING AT POOTHRUKAYIL HOUSE, MEMURY P.O., KOTTAYAM DISTRICT-686 611.** **BY ADV.SRI.MARTIN G. THOTTAN** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15.07.2021, ALONG WITH RP.148/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **RP.148/2021 in OP(CAT).39/2013 - 11 - & connected cases** **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **& THE HONOURABLE MR.JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 15[TH] DAY OF JULY 2021 / 24TH ASHADHA, 1943 R.P.NO.323 OF 2021** **AGAINST THE JUDGMENT IN O.P (CAT)NO.327/2013 DATED 20.03.2020 OF HIGH COURT OF KERALA.** ## **REVIEW PETITIONERS/ PETITIONERS:** - **1 UNION OF INDIA, REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN.P.O, CHENNAI-600003.** - **2 CHIEF PERSONNEL OFFICER, SOUTHERN RAILWAY, HEADQUARTERS OFFICE, PARK TOWN.P.O, CHENNAI-600003.** - **3 DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM-695014.** **BY ADV SRI.B.RAJESH, SC, RAILWAYS** ## **RESPONDENTS/ RESPONDENTS:** - **1 K.VENUGOPALA PILLAI, S/O KUNJUKRISHNA PILLAI, LOCO PILOT(MAIL), SOUTHERN RAILWAY, QUILON, RESIDING AT: RAILWAY QUARTERS NO.13, KOLLAM-691001.** - **2 P.VIJAYAN, S/O PADMANABHAN ACHARY, LOCO PILOT(MAIL), SOUTH RAILWAY, QUILON, RESIDING AT P.N.SADANAM, KUZHUMATHIKADA.P.O, KOLLAM-691509.** **R1 & R2 BY ADV.SRI.MARTIN G.THOTTAN.** **THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 15.07.2021, ALONG WITH R.P.148/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **RP.148/2021 in OP(CAT).39/2013 - 12 - & connected cases** **K. Vinod Chandran & P.V.Kunhikrishnan, JJ. ---------------------------------------------** **R.P.No.148 of 2021 in O.P.(CAT) No.39/2013, R.P.No.68 of 2021 in O.P.(CAT) No.3953/2012, R.P.No.326 of 2021 in O.P.(CAT) No.4220/2012, R.P.No.171 of 2021 in O.P.(CAT) No.2352/2013, R.P.No.166 of 2021 in O.P.(CAT) No.194/2016 & R.P.No.323 of 2021 in O.P.(CAT) No.327/2013. ----------------------------------------------Dated, this the 15[th] day of July, 2021** ## **ORDER** **Vinod Chandran, J.** **The review petitions are filed against a common judgment from the order of the Central Administrative Tribunal, Ernakulam Bench. The grounds raised essentially are three. That this Court, in paragraph 23 while interpreting Clause 8 of the MACPS, held that promotions in the hierarchy of posts in the same pay band and with the same grade pay are to be counted for MACPS. However, it was also stated that on completion of 10 years in the same grade pay, the higher grade pay has to be granted.** **2. As far as clause 5 is concerned for the purpose of grant of MACPS, the promotions earned and upgradation granted under the ACP Scheme to those grades which now carry the same grade pay due to** **RP.148/2021 in OP(CAT).39/2013 - 13 - & connected cases** **merger of pay scales/upgradation of posts are to be ignored. Hence for considering upgradation under MACPS, the promotions/upgradations prior to its introduction are to be ignored if they are in the same Grade Pay due to implementation of the VI[th] Pay Commission. Though fixation is granted with each promotion in the pay bands, if the grade pay remains the same for 10 years that would entitle the employee to the higher grade pay on completion of 10 years, was the finding.** **3. As far as clause 8 is concerned it would apply after 01.09.2008, the date of effect of MACPS. This Court has clearly illustrated how the same is applicable with reference to the specific posts and the Fundamental Rule regarding benefit of fixation. The only interpretation possible is that the tenure in the promotional posts with the same grade pay ought to be ignored for the purpose of grant of MACPS. If the promotions or upgradations in the posts carrying the same grade pay, on implementation of MACPS is to be ignored, then definitely they are to be ignored** **RP.148/2021 in OP(CAT).39/2013 - 14 - & connected cases** **subsequently too, as promotions, for the purpose of** **MACPS or grant of higher grade pay. Such upgradation would only be for grant of grade pay if there were in fact promotions enjoyed in the grades with similar grade pay and in the absence of promotions, fixation, as also higher grade pay.** **4. The next contention is with respect to the decision in** _**Union of India & Others v. M.V.Mohanan Nair**_ **[** _**(2020) 2 SCT 366**_ **] which, according to the review petitioners, has not been fully followed. We are afraid that the ground so urged is essentially to re-hear the Original Petitions (CAT), which is not permissible as has been held in** _**State of West Bengal v. Kamal Sengupta**_ **[(2008) 8 SCC 612].** **5. In para 24 of the judgment under review, this Court has said that Clause 5 is applicable as on 01.09.2008 and Clause 8 applies after 01.01.2006. The date with reference to clause 8 is a mistake that occurred inadvertently. What was stated with respect to Clause 5 is that it applies as on the date of implementation of MACPS, i.e., 01.09.2008. This is the** **RP.148/2021 in OP(CAT).39/2013 - 15 - & connected cases** **date on which the MACPS has been brought into effect. Clause 5 mitigates the heart-burn of the employees on merger of scales in the promotional hierarchy. Clause 8 deals with the MACPS after 01.09.2008 when the employees are stagnated in the revised pay bands with same grade pay as implemented by the VI[th] Pay Commission, which Pay Commission proposals were implemented as on 01.01.2006. Hence, there is a mistake occurred in referring to the date 01.01.2006 for application of clause 8. We correct the same as “Clause 8 applies after 01.09.2008 and for the purpose of grant of MACPS the stagnation has to be related to 01.01.2006, for the purpose of computing the period of continuance in the same grade pay, which can only be after implementation of the VI[th] Pay Commission as on 01.01.2006”.** **6. The next ground is on what transpired in the industry level talks which are irrelevant in so far as the interpretation of the clauses in the scheme are considered. Definitely the decision on pay fixation and connected matters are the exclusive** **RP.148/2021 in OP(CAT).39/2013 - 16 - & connected cases** **premise of the executive; and we have not infringed upon such powers or made a fixation by ourselves. We interpreted the specific clauses introduced by the executive, which definitely is within the premise of judicial interpretation; the job or rather the duty of the Courts.** **The Review Petitions are rejected with the limited clarification made above.** **Sd/K. Vinod Chandran Judge** **Sd/P.V.Kunhikrishnan Judge** **vku/-** **RP.148/2021 in OP(CAT).39/2013 - 17 - & connected cases** ## **APPENDIX OF RP 148/2021** ## **PETITIONERS' ANNEXURE** **ANNEXURE P1** **CERTIFIED COPY OF THE JUDGMENT IN OP(CAT) NO.39/2013(Z) DATED 20.03.2020.** **RP.148/2021 in OP(CAT).39/2013 - 18 - & connected cases** ## **APPENDIX OF RP 68/2021** **PETITIONERS' ANNEXURES ANNEXURE P1 CERTIFIED COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN O.P.(CAT) NO.3953 OF 2012 AND CONNECTED CASES. ANNEXURE P2 TRUE COPY OF THE JUDGMENT DATED 05.03.2020 IN C.A.NO.2016 OF 2020 ARISING OUT OF SLP NO.21803 OF 2014.** **RP.148/2021 in OP(CAT).39/2013 - 19 -** ## **& connected cases** **APPENDIX OF RP 326/2021** ## **PETITIONER ANNEXURE** **ANNEXURE P1 CERTIFIED COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN O.P.(CAT) NO.4220 OF 2012 & CONNECTED CASES.** **RP.148/2021 in OP(CAT).39/2013 - 20 - & connected cases** ## **APPENDIX OF RP 171/2021** |**PETITIONERS'**|**ANNEXURES**| |---|---| |**ANNEXURE P1**|**TRUE COPY OF THE JUDGMENT DATED 20TH MARCH**| ||**2020 PASSED IN O.P(CAT) NO.2352 OF 2013**| ||**AND CONNECTED CASES.**| |**ANNEXURE P2**|**TRUE COPY OF THE JUDGMENT DATED 5.3.2020**| ||**IN CA NO.2016 OF 2020 ARISING OUT OF SLP**| ||**NO.21803 OF 2014.**| **RP.148/2021 in OP(CAT).39/2013 - 21 - & connected cases** ## **APPENDIX OF RP 166/2021** **PETITIONERS' ANNEXURES ANNEXURE P1 TRUE COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN OP(CAT) NO.194 OF 2016 & CONNECTED CASES. ANNEXURE P2 TRUE COPY OF THE JUDGMENT DATED 05.03.2020 IN CA NO.2016 OF 2020 ARISING OUT OF SLP NO.21803 OF 2014.** **RP.148/2021 in OP(CAT).39/2013 - 22 - & connected cases** ## **APPENDIX OF RP 323/2021** ## **PETITIONERS' ANNEXURE** **ANNEXURE P1 CERTIFIED COPY OF THE JUDGMENT DATED 20TH MARCH 2020 PASSED IN O.P.(CAT)NO.327 OF 2013 AND CONNECTED CASES.**