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2017 Supreme(Del) 3983
IN THE HIGH COURT OF DELHI AT NEW DELHI
V. KAMESWAR RAO, J.
AJMER SINGH - Petitioner
Versus
GOVT. OF NCT OF DELHI & ORS - Respondent
W.P.(C) 7517 OF 2015
Decided On : 27-09-2017
For the Petitioner: Ms. Madhavi Divan, Adv. with Mr. Manan Verma, Mr. R.K. Gupta & Ms. Nidhi Khanna, Advs.
For the Respondent: Mr. Anuj Aggarwal, ASC with Ms. Niti Jain, Mr. Himanshu Pathak, Adv.
The court established that an employee must fulfill all promotional norms to be eligible for benefits under the ACP Scheme and held that recovery of an amount after a period of at least nine years is impermissible.
Headnote:
ACP Scheme - Employee Benefits - [FACT OF THE CASE] The petitioner sought quashing of an order and the grant of ACP and MACP benefits. The petitioner was initially appointed as a Group D employee and was later promoted to Laboratory Assistant. The Government of India introduced the ACP Scheme, and the petitioner claimed entitlement to the benefits. [FINDING OF THE COURT] The court analyzed the petitioner's eligibility for ACP and MACP benefits and the legality of the recovery of granted benefits. The court considered the Director of Education's order and the Dy. Director of Education's reexamination of the case. [ISSUES] The issues included the grant of ACP and MACP benefits, recovery of granted benefits, and the petitioner's eligibility for the benefits. [RATIO DECIDENDI] The court held that the petitioner was not entitled to the relief of Senior Scale and 2nd ACP as prayed for in the petition. The court also concluded that the recovery of an amount was illegal and impermissible. [FINAL DECISION] The court disposed of the petition, restraining the respondents from recovering/adjusting an amount and directing the release of any differential amount to be paid under 3rd ACP to the petitioner within two months, with interest at 9% per annum.
V. KAMESWAR RAO, J.
1. The present petition has been filed by the petitioner with the following prayers:-
“It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to:-
(I) Quash the order dated 24.06.2014 and direct the respondents to give 2nd ACP to the petitioner and pay back the recovered amount of 2nd ACP with 18% interest from the date it has been illegally recovered.
(II) Direct the respondents to grant MACP to the petitioner w.e.f 01.09.2008 since he has completed 30 years of service and is eligible for the same as per law, with 18% interest from the date of his eligibility.
(III) direct the respondents to grant Selection Scale to the petitioner w.e.f 01.08.1994 as the petitioner became entitled for the same after the expiry of 12 years from the date of grant of Selection Grade.
(IV) Direct the respondents to place on record the official file pertaining to the grant of 2nd ACP to the petitioner with its noting sheets and also dispatch register containing the period 01.04.2011 to 30.05.2011 of Zone 28, District Central/New Delhi.
(V) Issue an appropriate writ, order or direction as deem fit by this Hon?ble Court and
(VI) The cost of the petition may be awarded to the petitioner.”
2. The facts as noted from the writ petition are, the petitioner was initially appointed as a Group D employee in Khalsa Girls Senior Secondary School, Chuna Mandi, Pahar Ganj, New Delhi on June 19, 1978 in the pay scale of Rs.196-232. The said School is a Government aided School being funded by the Govt. of NCT of Delhi. He was promoted as Laboratory Assistant with effect from December 08, 1981 in the pay scale of Rs.290-500, as per the Third Pay Commission. He was given selection grade in the scale of Rs.530-610, with effect from August 01, 1982, which was later revised as Rs.1350-2200; and as Rs.4500-7000 with effect from January 01, 1996, as per the Fifth Pay Commission.
3. On August 09, 1999, the Government of India introduced ACP Scheme with a further clarification on June 29, 2004. The same was made applicable to Group B, C and D employees. It is the case of the petitioner that the respondents on his completion of 24 years of service, granted Second ACP with effect from June 19, 2002 in the pay scale of Rs.5000-8000 vide DPC minutes of November 22, 2008. The pay fixation order was also issued on November 27, 2009. It is averred that vide letters dated April 04, 2011 and April 05, 2011, the second ACP granted to the petitioner with effect from June 19, 2002 was withdrawn after lapse of many years without granting an opportunity of being heard to the petitioner and also above said letters were issued without the approval of the Director of Education. The petitioner challenged the above action of the respondents by filing W.P.(C) No. 3408/2011. This Court vide order dated July 09, 2013 disposed of the writ petition directing the Director of Education to hear the petitioner and thereafter pass a speaking order. The Director of Education passed an order dated December 02, 2013 remanding the matter to the Deputy Director of Education to re-examine the letter dated April 04, 2011 and withdrawal of benefits granted to the petitioner regarding ACP-II. It appears that the petitioner had filed W.P.(C) No. 2853/2014 seeking grant of MACP to him as directed by the Director of Education in his order dated December 02, 2013. The petitioner also filed W.P.(C) No. 4775/2014 praying for grant of Second ACP and pointing out the illegality in withdrawing the Second ACP. The writ petition was allowed to be withdrawn with liberty to file a fresh petition on April 10, 2015.
4. It is the submission of the learned counsel for the petitioner that the respondents have failed to appreciate that the petitioner was promoted from the post of Group D to the Laboratory Assistant with effect from December 08, 1981 and therefore got only
