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2018 Supreme(Del) 2060

C.HARI SHANKAR
Anil Kumar Nasa – Appellant
Versus
Delhi Urban Shelter Improvement Board – Respondent


Advocates Appeared:
For the Petitioners: Mr. M.K. Bhardwaj, Adv.
For the Respondents: Mr. Parvinder Chauhan, St. Counsel with Mr. Nitin Jain, Adv.

JUDGMENT :

1. The petitioners, who, after being appointed as Junior Engineer, at the time of their initial appointment, in the Slum and J.J. Department of the Municipal Corporation of Delhi, (which was later rechristened as the “Delhi Urban Shelter Improvement Board” - “DUSIB”) were stagnating for years together, were granted their first financial upgradation under the Assured Career Progression Scheme (“the ACP Scheme”), notified by the Department of Personnel and Training (DoPT), w.e.f. 9th August, 1999.

2. As per the said scheme, on completion of 24 years of regular service, the petitioners would have become entitled to second financial upgradation, in the scale of Rs.10,000 – 15,200, with effect from the date of acquiring eligibility therefor.

3. In the interregnum, on 19th May, 2009, an Office Memorandum was issued by the DoPT, pursuant to the recommendations of the Sixth Central Pay Commission, notifying the Modified Assured Career Progression Scheme (“the MACP Scheme”). Annexure – I to the O.M. contained the modalities of the said scheme. Para 11 of the O.M. clarified that no past cases would be reopened, and that, while interpreting the MACP Scheme, the difference in pay scale



































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