BELA M. TRIVEDI, UDAY UMESH LALIT, S. RAVINDRA BHAT
VICE CHAIRMAN DELHI DEVELOPMENT AUTHORITY – Appellant
Versus
NARENDER KUMAR – Respondent
ORDER
1. Special leave granted, in all these proceedings. With consent of counsel, this batch of appeals was heard finally.
2. In all these appeals, the common question which arises is whether the reasoning adopted by the Delhi High Court to hold, and direct that the Modified Assured Career Progression Scheme (“MACP”) had to be applied from 01-01-2006, is correct. The appellant, Delhi Development Authority (hereafter called “DDA” or “the employer”) is primarily aggrieved by the ruling of the Delhi High Court 1[Delivered on 9 January, 2020 in WP 5927/2018, WP 5932/2018 and WP 476/2019]. Some of the successful petitioners (respondents in those proceedings, hereafter called “the employees”), have also appealed to this court, contending that the High Court’s directions were not correct and seek a modification of the relief granted by the impugned judgment. The DDA has preferred another appeal against a subsequent order 2[ Dated 11.02.2020, in WP. 528/2017] which followed the previous order (dated 9th January, 2020).
Relevant facts
3. The Government of India introduced the Assured Career Progression Scheme (in short, ACP Scheme), by an office memorandum, in August, 19993[ OM dated 09.08.199
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State of Bihar v. Ramjee Prasad (1990) 3 SCC 368 – Relied [Para 28]
Union of India v. Sudhir Kumar Jaiswal (1994) 4 SCC 212 – Relied [Para 28]
Union of India v. Shivbachan Rai (2001) 9 SCC 356 – Relied [Para 28]
State of Gujarat v. Raman Lal Keshav Lal Soni
Shankarsan Dash v. Union of India (1991) 3 SCC 47 – Relied [Para 35]
Ajoy Kumar Banerjee v. Union of India (1984) 3 SCR 252 – Relied [Para 37]
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Chandi Prasad Uniyal v State of Uttarakhand
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