Case: UNION OF INDIA AND ANOTHER  Vs. ROSAMMA BENNY AND OTHERS

3. The High Court in the impugned order has held that the respondent Nos. 1, 2 and 3 were entitled to financial upgradation under the Modified Assured Career Progression Scheme (MACP, for short) as they have been working as Enquiry-Cum-Reservation Clerks (ECRC, for short) w.e.f. 01.11.2003 and therefore, have completed ten years in the cadre of ECRC. Accordingly, the Tribunal was justified and correct in granting the relief by placing the three respondents in the pay band- II with grade pay of Rs. 4600 w.e.f. 01.11.2013.

Court's reasoning:
4. The impugned order, however, fails to notice and examine the circular dated 12.09.2012 issued by the Ministry of Railways (Railway Board) on behalf of the Government of India clarifying grant of benefits under the MACP Scheme to employees who had qualified and were appointed under the promotion quota after clearing Limited Departmental Competitive Examination (LDCE, for short)A further circular dated 29.09.2010 issued by the Ministry of Railways (Railway Board) giving point-wise clarifications, inter alia, states that benefit under the MACP Scheme would be available from the date of actual joining of the post in the entry grade. As noted, enquiry in respect of appointment of the three respondents to the post of ECRC is required in terms of the circular dated 12.09.2012 and Clause 129 of the Indian Railway Establishment, Manual Vol. I, quoted above7. These aspects have not been examined by the Tribunal and the High Court in the impugned orders. Normally we would have decided the question but find ourselves in difficulty in absence of details as there is no clarity on facts.