1 O.A.

/350/561/2019

CENTRAL ADMINISTRATIVE TRIBUNAL

KOLKATA BENCH
KOLKATA

OA/350/561/2019

Date of Order: 17.02.2025

Coram: Hon’ble Mr. Manish Garg, Judicial Member

Hon’ble Mr. Anindo Majumdar, Administrative Member

Subrata Roy, Son of Late Suresh Chandra Roy, aged about 53

years, working as Reservation Supervisor -II under the overall
control of Principal Chief Commercial Manager, South Eastern
Railway, at present residing at Village Bagula, District - Nadia,
Pin-741502. Bongshinagar, P.Ο.

………..Applicant

-Vs-

1. Union of India through the General Manager, South Eastern

Railway, Garden Reach, Kolkata 700043.

2. Principal Chief Personnel Officer, South Eastern Railway,

Garden Reach, Kolkata 700043.

3. Principal Chief Commercial Manager, South Eastern Railway,

Old Koilaghat Building, Kolkata - 700001.

4. Secretary, Railway Board Rail Bhavan, New Delhi-110001.

5. Deputy Director, Pay Commission-(V), Railway Board,Rail

Bhavan, New Delhi-110001.

6. Secretary, Govt. of India, Ministry of Personnel, PG and

Pensions, Department of Personnel & Training, North Block, New
Delhi - 110001.

…….Respondents

For the Applicant : Mr. C Sinha; Counsel

For the Respondents : Ms. E Banerjee; Counsel

Digitally signed by Subhrajit Koley

DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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 2 O.A./350/561/2019

O R D E R (O R A L)

Per: Hon’ble Mr. Manish Garg, (J):

1. Ld Counsel for both the parties are present.

2. Heard.

3. The applicant has approached this Tribunal under Section 19 of the

Administrative Tribunals Act, 1985, praying for the following relief(s):-

“a) To set aside and quash Impugned letter [Link]/P-HQ/T/CC/CAT/OA

No.283 of 2019/SR dated 15.04.2019 issued by Principal Chief Personnel
Officer, South Eastern Railway, Garden Reach.

b) To set aside and quash Impugned Estt. Srl. No. 67/2017 dated 16.05.17
issued by Sr. Personnel Officer (HQ) for Chief Personnel Officer, South
Eastern Railway.

c) To set aside and quash Impugned Order No. PC-V/2009/MCP/9/Sr

dated 18.04.2016 issued by Dy. Director, Pay Commission (V), Railway
Board.

d) To direct the respondents to allow the applicant to enjoy the Financial

Upgradation under MACP Scheme in Grade Pay of Rs.4200/- w.e.f.
01.09.2008 as granted to him vide Office Order No.14 of 2015 dated
08.09.2015.

e) To direct the respondents not to make any recovery from the applicant
and to refund any amount if already recovered

f) Any other order or orders as the Hon'ble Tribunal deems fit and proper.”

4. Ld Counsel for the applicant submits that the applicant was initially appointed

as Enquiry-cum-Reservation Clerk (ECRC) on 05.05.1997. Thereafter, he was

promoted to the post of Asstt. Reservation Supervisor in the Pay Scale of Rs.

5000-8000/- in the year 2004 and in compliance to the Order dtd. 04.09.2015

passed by this Tribunal in OA/1273/2015, he was granted 1st financial

upgradation as per MACP Scheme vide Office Memorandum dtd. 08.09.2015.

Subsequently the applicant was promoted to the post of Reservation

Supervisor Grade- II w.e.f. 20.07.2018. Thereafter vide Office Order No. 06 of

2019, dtd. 11.02.2019, issued by the Sr. Personnel Officer (T) for Principal

Chief Personnel Officer, S E Rly, the financial upgradation under MACP

Digitally signed by Subhrajit Koley

DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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 3 O.A./350/561/2019

Scheme which was granted to the applicant w.e.f. 01.09.2008 had been

cancelled. The said order is quoted inter alia:

"The Office Order No. 14 of 2015 dated 8.9.15 where in, Sri Subrata Roy, ECRC
was granted financial upgradation under MACP scheme w.e.f. 1.9.08, is hereby
treated as cancelled in terms of CPO/GRC's Estt. [Link]. 67/17.”

5. Ld Counsel for the applicant submits that being aggrieved with the said order

the applicant had made a representation before the competent authority.

However, the same was not disposed of. Being aggrieved with the same the

applicant preferred an OA before this Tribunal being No. 283 of 2019 which

was disposed of by this Tribunal vide order dtd. 05.03.2019 with inter alia

direction and observation:

“5. I am quite satisfied with the submission made by Mr. Sinha and, accordingly, while
quashing Annexure-A/7, at this stage of admission, I dispose of this O.A. by making it
clear that the representation, as claimed by the applicant under Annexure- A/8 addressed
to the Pr. C.P.O. (Respondent No. 2) is still pending consideration, shall be considered by
Respondent No. 2 and a reasoned and a reasoned and speaking order be issued to the
applicant within a period of six weeks from the date of receipt of copy of this order. I also
make it clear that, although the order of this Tribunal has reached finality, if the Official
Respondents are of the view that they have given benefit of financial upgradation
inadvertently as per order of this Tribunal still then they have to give reasonable
opportunity to the applicant and till such time no further coercive action like reducing pay
scale or whatsoever will be taken against the applicant. Applicant is granted liberty to
approach this Tribunal if outcome of Annexure-A/8 is not palatable to his ultimate
expectation.

6. With the aforesaid observation and direction, this O.A. stands disposed of. No costs.

7. As prayed for by the Ld. Counsel for the applicant, copy of this order, along with
paperbook be transmitted to Respondent No. 2, for which, he undertakes to deposit the cost
with the Registry within a week.

8. Copies of this order be handed over to the Ld. Counsel for the parties.”

6. Ld Counsel for the applicant relies upon the Office Memorandum of DoPT, dtd.

04.10.2012. Para 2(i) of the said memorandum states as under:

2.(i) Financial upqradation under MACPS in the case of staff who joined another
unit/organisation on request:

This Department's OM No. 35034/3/2008-Estt.(D) (Vol.11) dated 01.11.2010

provides that in case of transfer 'including unilateral transfer on request', regular
service rendered in previous organisation/office shall be counted alongwith the
regular service in the new organisation/office for the purpose of getting financial
Digitally signed by Subhrajit Koley
DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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 4 O.A./350/561/2019

upgradations under the MACPS. However, financial upgradation under the MACPS
shall be allowed in the immediate next higher grade pay in the hierarchy of revised
pay bands as given in CCS (Revised Pay) Rules, 2008. It is now further clarified that
wherever an official, in accordance with terms and conditions of transfer on own
volition to a lower post, is reverted to the lower Post/Grade from the promoted
Post/Grade before being relieved for the new organisation/office, such past
promotion in the previous organisation/ office will be ignored for the purpose of
MACPS in the new organisation/office.

7. Ld Counsel for the applicant also relies on the Railway Board’s Circular being

no. R.B.E. No. 08/2013. Para 2(i) of the said Circular states as under:

“2 (i). Financial upgradation under MACPS in case of staff who joined

another unit/organization on request.
Railway Board’s letter of even number dated 28- 12-2010 provides that in case
of transfer ‘including unilateral transfer on request’, regular service rendered in
previous organization/office shall be counted along with the regular service in
the new organization/office for the purpose of getting financial upgradations
under the MACP Scheme. However, financial upgradation under the MACP
Scheme shall be allowed in the immediate next higher Grade Pay in the hierarchy
of revised Pay Bands as given in Railway Services (Revised Pay) Rules, 2008. It
is now further clarified that wherever an official, in accordance with
terms and conditions of transfer on own volition to a lower post, is
reverted to the lower post/Grade from the promoted post/Grade
before being relieved for the new organization/office, such past
promotion in the previous organization/office will be ignored for the
purpose of MACP Scheme in the new organization/office. In respect
of those cases where benefit of pay protection have been allowed at
the time of unilateral transfer to other organization/unit and thus the
employee had carried the financial benefit of promotion, the
promotion earned in previous organization has to be reckoned for the
purpose of MACP Scheme.”

8. Ld Counsel for the applicant further submits that understanding their mistake

the Railway Authority issued yet another circular being no. R.B.E. No.

147/2015. Para 1 of the said circular states inter alia:

“It is now further clarified that wherever an official in accordance with

terms and conditions of transfer on own volition to a lower post, is
reverted to the lower Post/ Grade from the promoted Post/ Grade
before being relieved for the new organization/ office, such past
promotion in the previous organization/ office will be ignored for the
purpose of MACP Scheme in the new organization/ office”

9. Opposing the grant of relief(s), Ld Counsel for the respondents relies upon the

communication dtd. 15.04.2019 addressed to the applicant herein issued by

the Pr. Chief Personnel Officer, S.E. Rly., Garden Reach, Kol- 43. Para 2 of the

said communication states as under:

Digitally signed by Subhrajit Koley

DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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 5 O.A./350/561/2019

“A clarification was issued vide SER's Estt. Srl. No.67/2017 wherein it is stated
that if an employee got promotion in the previous Organisation, but reverted in the
lower grade before being relieved to New Organisation and no pay protection was
allowed, he/she will be eligible for MACP benefits. On the other hand, he/she would
not be eligible, if he was allowed pay protection benefit. Since you were promoted
as ARS in Pay Band Rs.9300-34800/- with Grade Pay Rs.4200/- on 01.11.2003 at
Western Railway on pay Rs.5900/- and came to S.E. Railway in PB Rs. 5200-20200
with Grade Pay Rs.2800/- in the capacity of ECRC in KGP Division on reversion
on own request on 24.05.2017 your pay was protected as Rs.5875/- + PP Rs.25/-.
You are not entitled for 1st MACP. You are eligible for 2nd MACP after completion
of 20 years in Rs.9300-34800/- with Grade Pay Rs.4200/- w.e.f. 25.07.2017 vide
SER's Estt. Srl. No 120/2009 & Para 2 of SER's Estt. Srl. No.04/2011. Yo u are not
eligible for 3rd financial up-gradation in GP Rs.4600/- till completion of 30 years
qualifying service or 10 years from 2nd financial up-gradation whichever is earlier
i.e. prior to 25.07.2027.”

10. Ld Counsel for the respondents submits that since the applicant has been

accorded the pay protection, the applicant is not entitled to 1st MACP.

Therefore, according to her the respondents have taken a right action.

However, she does not dispute the fact that the applicant is eligible for the

2nd MACP.

11. Now it is the question before us that what treatment should be given to the

applicant herein who has been transferred on request and has been granted

pay protection. Whether benefit of 1st MACP or 2nd MACP should be accorded

to him or not.

12. Ld Counsel for the respondents further relies upon Para- 5 of the reply which

states as under:

5. That the deponent states that with regard to the statements made in 4.3 to 4.6
of the original application save what are matters of record and what will appear
therefrom I deny and dispute each and every allegations and/or contentions made
there in and state that the applicant Subrata Roy was appointed as ECRC vide
office order dated 25.07.1997 in Western Railway and thereafter promoted to the
post of Asst. Reservation Supervisor in scale pay of Rs.5,000/- to Rs.8,000/- being
the grade pay Rs.4,200 and thereafter on his own request he was transferred to
South-Eastern Railway at Kharagpur on reversion to the post of ECRC being the
scale pay of Rs.4,500/- to Rs.7,000/- being the grade pay of Rs.2,800/-. It is further
stated that while being transfer on reversion as he was in the scale grade of
Rs.5,900/- as ARS in Western Railway accordingly his pay was protected and was
given the pay scale of Rs.5,875/- + a sum of Rs.25/- towards pay protection,
meaning thereby he was provide pay protection and as such as per rules and
circulars he was not entitle to any MACP benefits. The 1ª MACP which was given
on 08.09.2015 by inadvertent mistake since he was not entitled to 1st MACP and
submission made by the Hon'ble Tribunal in O.A. 1273 of 2015 was in absence of
any service record of the applicant. The said inadvertent mistake was noticed
resulting in cancellation of 1st Financial up-gradation and MACP Scheme. He was

Digitally signed by Subhrajit Koley

DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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 6 O.A./350/561/2019

subsequently promoted to the post of Reservation Supervisor in the pay band of

Rs.9,300/- to Rs.34,800/- with Grade pay of Rs.4,200/-w.e.f. 20.07.2018.

"In terms of Para 24 of Estt. Sri, No. 120/2009, an employee after getting
promotion/ACP seek unilateral transfer on a lower post or lower scale, he will be
entitled only for 2nd and 3rd financial up-gradations on completion of 20/30 years
of regular service under the MACPs, as the case may be, from the date of his initial
appointment to the post in the new organisation. However, Para 2 of
[Link].04/2011 later clarified that, in case of transfer, including unilateral transfer
on request regular service rendered in previous organisation/office/office shall be
counted along with the regular service in the new organisation/office for the
purpose of getting financial upgradation under the MACPs in the next higher grade
pay.

It has further been clarified vide Paras-2(i) of E.S. No. 16/13 that whether an
official, in accordance with terms and conditions of transfer on own volition to a
lower post/grade from the promoted post/Grade before being relieved for the new
organisation. Office, such post promotion n the previous organisation/office will be
ignored for the purpose of MACP Scheme in the new organisation/office.

The last sentence of Para 2(i) of [Link]. 16/13 has been withdrawn vide [Link].
196/1.5.

Meanwhile Railway Board have issued a letter bearing [Link]-V/2009/MCP/9/SR

dated 18.04.2016 to G.M./Southern Railway/Chennai. The relevant portion of the
letter is as under:

The condition of ignoring the promotion earned in previous Organisation has been
stipulated in the said instructions viz "Where the employee is reverted to lower
post/grade from the promoted post/grade before being, relieved for new
Organisation". Evidently, except this specific situation, promotion earned in
previous organisation has to be reckoned for the purpose of MACPs. Further, it
has been clarified by the DoP&T that above mentioned situation relates to the
cases where employees do not get Pay protection benefit".

In view of the above, it is clarified that, if an employee got promotion in the previous
organisation, but reverted in the lower grade before being relieved to new
organisation and no pay protection was allowed, he/she will be eligible for MACP
benefits. On the other hand, he/she would not be eligible, if he was allowed pay
protection benefits."

13. Ld Counsel for the applicant highlights on the fact that vide Order dtd.

03.09.2019 an interim protection was granted to the applicant and impugned

orders dtd. 11.02.2019 and 15.04.2019 have also been stayed.

14. Heard Ld Counsel for both the parties and have perused the materials on

record.

15. In the present case the only point which is to be adjudicated is qua the

withdrawal of 1st MACP which has been granted to the applicant.

16. We have carefully examined the impugned letter dtd. 15.04.2019 issued by

the Pr. Chief Personnel Officer, S.E. Rly, Garden Reach, Kol- 43 and the

Digitally signed by Subhrajit Koley

DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit Koley
PostalCode=712139, S=West Bengal, SERIALNUMBER=
3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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 7 O.A./350/561/2019

impugned order dtd. 16.05.2017 issued by the Sr. Personnel Officer (HQ) for

Chief Personnel Officer which is an internal correspondence.

17. There is no clarity whether the respondents have issued the said letter/order

based on RBE No. 08/2013, which is quoted hereinabove, or not. It is also not

disputed in the present fact that the said clause has subsequently been done

away with by virtue of RBE No. 147/2015, dtd. 23.11.2015.

18. In an identical case in OA/848/2018 (where only designation of the applicants is

different from the designation of the applicant in the instant OA) this Tribunal vide

Order dtd. 16.06.2023 had given inter alia observation and direction:

7. Upon close examination, it can be seen that the factual matrix of this case is quite simple.
Illustratively, under normal circumstances, even if the applicants herein were not promoted or, as
the case may be, reverted of their own violation and again promoted, they would have been
entitled to the benefits of 1st ACР/МАСР.

7.1. Admittedly, in the present scenario, the applicants herein were promoted in the year 1997,
and, at the time of promotion, were granted pay in the grade pay of Rs. 4200/-. Further, if we
examine the MACP scheme, it is clear that, even normally, the applicants would have been entitled
to grant of 2nd MACP on 01.09.2008. As per routine, the applicants, vide Office Order dated
27.06.2016, in accordance with their respective effective dates of grant of 2nd upgradation as per
the chart in the said order, were granted pay upgradation in the grade pay of Rs. 4600/-. The same
has been sought to be withdrawn vide order dated 09.04.2018 wherein the following has been
noted:-

"Subsequently, a letter was issued by Railway Board vide No. PC- V/2009/MCP/9/5R, dated
18.4.2016 circulated under CPO/GRC's establishment serial 67/2017, wherein it is clarified that the
condition of Ignoring the promotion earned in the previous office for the purpose of grant of MACP
benefit is not applicable in the situation where pay protection benefit is allowed to an employee
on joining new organisation/office. Thus, the promotion earned by Sri Goutam De as A/Asst on
25.08.1997 at Sr. DFM/BSP's office will be treated as 1st up- gradation. He can get next career
progression/up-gradation after 10 (ten) years ie. on 25.08.2007. Since MACP Schere came w.e.f.
01.09.2008, financial up-gradation granted in the G.P. of Rs.4200/-to Sri De vide 0.0. No.
Misc/2016/20 dated 27.06.2016 should be treated as 2nd МАСР."

The respondents have contended in para 10 of the order quoted above that the applicants ought
to have been granted the next upgradation after 10 years, i.e. from 25.08.2007 and sincе МАСР
сame into effect on 01.09.2008, the financial up-gradation granted in the G.P. of Rs.4200/-to the
applicants vide Office Order No. Misc/2016/20 dated 27.06.2016 should be treated as 2nd MACP.
It is this part of the order which is sought to be recovered from the applicants.

7.2. Even upon assuming that the stand of the respondents is correct, the applicants would have
been granted 2nd upgradation in the year 2008. In other words, given the present factual scenario,
even if it is treated that applicants were promoted and reverted in the year 1997 and were drawing
a grade pay of Rs. 4200/-, the said grant of the grade pay of Rs.4200/- has been offset and can be
equated to grant of 1st ACP/МАСР.

Digitally signed by Subhrajit Koley

DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit KoleyPostalCode=712139, S=West Bengal, SERIALNUMBER=

3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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 8 O.A./350/561/2019

7.3. Hence, the impugned order dated 09.04.2018 has been passed on incorrect factual premises
and correct interpretation of the MACP scheme. Therefore, the said order is contrary to the scheme
itself. To put the controversy at rest, what is only required to be done is that the applicants have
been rightly granted the benefit of 2nd MACP as per the order dated 27.06.2016. Nothing more or
nothing short of this is required to be done to settle the present case. Therefore, the recovery
sought by virtue of the impugned orders is totally erroneous and unjustified.

7.4. As per the aversion of the respondents, the O.M. dated 01.11.2010, as narrated in the
impugned order itself in para 5, is inapplicable to the facts and circumstances of the present case.
However, it is not a case wherein the applicants have been relieved for joining a new organisation
or office and past service of the applicants could be ignored. Admittedly, the applicants are
working in the same organisation i.e. South Eastern Railway and drawing an analogy that the
applicants have been promoted to a new organisation or office is not tenable. The respondents
have misinterpreted the rule position ignoring the fact that the said rule is only applicable with a
clarification which was issued by the DoP&T vide O.M dated 04.10.2012 (Annexure A-17) which
reads as under:-

"This Department's O.M. No. 35034/3/2008-Estt(d) (Vol II) dated 01.11.2010 provides that in case
of transfer 'including unilateral transfer on request', regular service rendered in previous
organization/office shall be counted alongwith the regular service in the new organization/office
for the purpose of getting financial upgradations under the MACPs. However, financial
upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the
hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008. It is now further clarified
that wherever an official in accordance with terms and conditions of transfer on own violation to
a lower post is reverted to the lower post/grade from the promoted post/grade before being
relieved for the new organization/office such past promotion in the previous organization/office
will be ignored for the purpose of MACPs in the new organization/office."

The above modification/clarification was also adopted by the Railway Board vide R.B.E. 147/2015
(Annexure A-4) dated 23.11.2015 wherein it is categorically stated that, "The instructions issued
on MACP Scheme vide para-2(i) of Board's letter of even number dated 31.01.2013 (Bahr's RBO
8/2013, p.8) stands modified to the above extent." 7.5. We also draw reference to the decision
rendered by the Single Bench of this Tribunal O.A./350/1320/2019 decided on 18.01.2023 wherein
the respondents were directed to refund the amount recovered. 7.6. It is also pertinent to draw
reference to the decision rendered by the Hon'ble Apex Court in the matter of M.P. Medical Officers
Association vs The State Of Madhya Pradesh (C.A. No. 5527/2022) decided on 26.08.2022 wherein
it was held as under:-

"5. It is not in dispute that the members of the appellant association, who were serving as
Specialists, Dental Specialists and officers in the specialist's cadre got the benefits under the
circular dated 23.05.2009. It was the Department/State, who issued the circular dated 23.05.2009
and paid the benefits under the circular dated 23.05.2009 to the members of the appellant
association, which subsequently came to be withdrawn by the State in the year 2012. Therefore,
as such, there was neither any misrepresentation on the part of the concerned employees -
members of the appellant association nor can the mistake be attributed to them. The mistake, if
any, can be said to be that of the Department/State, who issued the circular dated 23.05.2009
under which the members of the association were given certain benefits till the same was
withdrawn in the year 2012. Therefore, in the peculiar facts and circumstances of the case, the
State was not justified in ordering recovery of the excess amount paid along with the interest. It is
true that stricto sensu, the decision of this Court in the case of State of Punjab and others Vs. Rafiq
Masih, (2015) 4 SCC 334 may not be applicable. However, at the same time, as observed
hereinabove, and in the facts and circumstances of the case, the State was not justified in ordering
recovery of the excess amount paid with interest, more particularly, when it is reported that some
of the doctors/dentists - members of the association have retired on attaining the age of
superannuation and the recovery shall be from their pension/pensionary benefits. However, at the
same time, their pay fixation and the pension shall have to be as per the order dated 26.08.2008."

Digitally signed by Subhrajit Koley

DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit KoleyPostalCode=712139, S=West Bengal, SERIALNUMBER=

3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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 9 O.A./350/561/2019

In view of the aforesaid, and, in the light of the fact that the applicants have already been granted
2nd MACP in the grade pay of Rs. 4600/- in terms of the Office Order dated 27.06.2016 which is
not liable to be struck down or withdrawn, we partly allow this O.A. with further direction upon
the respondent authority not to recover any excess amount as contemplated in the impugned
order dated 09.04.2018 (Annexure A-7). 9. With the above directions, this O.A. stands disposed of.
No costs. M.A. or M.A.s pending, if any, is also accordingly disposed of. No costs.

19. We have also examined the R.B.E. No. 147/2015 dtd. 23.11.2015 and DoPT

Office Memorandum dtd. 04.10.2012.

20. In view of the same, we cannot take a divergent view in the instant case as

well. Therefore, we are in opinion that the applicant is entitled for the grant

of 1st MACP in the Grade Pay of Rs. 4200/- and the impugned letter dtd.

15.04.2019 and impugned order dtd. 16.05.2017 are liable to be quashed and

the same are quashed and set aside.

21. With the aforesaid observation and direction the OA is disposed of. Interim

order, if any, also stands vacated. All pending applications, if any, are disposed

of accordingly.

(Mr. Anindo Majumdar) (Mr. Manish Garg)

Member (A) Member (J)

sk

Digitally signed by Subhrajit Koley

DN: C=IN, O=Personal, T=3539, OID.[Link]=
133591138022710223v284IA59zvRrBc, Phone=
ad84f14b511d06dd920b6ef0222f0c78b89da33c6aae41b8e3d4015ac3fe9b11,

Subhrajit KoleyPostalCode=712139, S=West Bengal, SERIALNUMBER=

3ff146b1252d191478634531af04c76471b832ff85f6ead8b554065a1625afef, CN=
Subhrajit Koley
Reason: I am the author of this document
Location:
Date: 2025.03.10 17:52:57+05'30'
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