The Selection Grade would not be counted as promotion for the purpose of ACP/MACP Schemes, as established in the judgment in Ajmer Singh.

JUDGMENT

Jyoti Singh, J. (Oral)

CM Nos.7060/2020, 7381/2021 & 30801/2021

1. These applications have been preferred by the Petitioner seeking early hearing of the writ petition.

2. Since the writ petition is being taken up for hearing today, no further orders are required to be passed in the applications, which are accordingly allowed and disposed of.

W.P.(C) 1251/2020

3. By this writ petition, Petitioner seeks directions to Respondent Nos.2 to 3/Ramjas Boys Secondary School (hereinafter referred to as 'the School') to constitute Departmental Screening Committee ('DSC') for grant of MACP w.e.f. 01.09.2008 and a direction to Respondent No.1/Government of NCT of Delhi to approve the same.

Relief of grant of pension w.e.f. 01.07.2012 with all consequential benefits is also sought.

4. Factual score to the extent relevant is that Petitioner joined the School as Group 'D' employee on 01.05.1974 and was promoted to the post of Lab Assistant w.e.f. 15.07.1985 in the Pay Scale of Rs.330- 530 (Pre-revised Rs.1200-2040). He was placed in the Selection Grade Rs.530-610 (Pre-revised Rs.1350-2200) w.e.f. 15.07.1985.

5. On completion of 24 years of regular service, Petitioner was granted 2nd ACP w.e.f. 09.08.1999 on recommendation of a duly constituted DSC as per Rule 96(3) of Delhi School Education Rules, 1973 (hereinafter referred to as 'Rules 1973').

6. Pursuant to the recommendations of 6th CPC, Government of India introduced the Modified Assured Career Progression Scheme ('MACP') by O.M dated 19.05.2009 effective from 01.09.2008. The grievance of the Petitioner in the present writ petition pertains to non- grant of 3rd MACP benefits, on completion of 30 years of regular service.

7. It is contended by learned counsel appearing on behalf of the Petitioner that Petitioner was appointed as a Class IV employee on 01.05.1974 and promoted as a Lab Assistant on 15.07.1985, which was his first promotion. Thereafter, Petitioner was awarded the Selection Grade w.e.f. 15.07.1985 in the Scale of Rs.530-610 and since this was not to be counted as upgradation/promotion, he was granted benefit under 2nd ACP w.e.f. 09.08.1999 and placed in the Pay Scale of Rs.5000-8000. Therefore, on completion of 30 years of regular service, Petitioner ought to have been granted 3rd MACP benefits in accordance with the MACP Scheme, which have been wrongly denied to him, compelling the Petitioner to file the present petition.

8. It is strenuously contended that case of the Petitioner is squarely covered by the judgment of this Court in Ajmer Singh v. Govt. of NCT of Delhi & Ors., 2017 SCC Online Del 10807. Ajmer Singh was appointed in 1978 and was promoted as Lab Assistant on 08.12.1981 in the Pay Scale of Rs.330-530. He was thereafter placed in the Selection Grade of Rs.530-610 w.e.f. 01.08.1982 and granted 2nd ACP in the Pay Scale of Rs.5,000-8,000, on 19.06.2002. Having been deprived of financial upgradation by way of 3rd MACP as well as recovery on account of certain issues pertaining to 2nd ACP, Ajmer Singh approached this Court by filing W.P.(C) 7517/2015. Writ petition was allowed vide judgment dated 27.09.2017, holding Ajmer Singh entitled to the financial upgradation by way of 3rd MACP based on the stand taken by the Directorate of Education itself. Significantly, the Court held that the Selection Grade granted to Ajmer Singh w.e.f. 01.08.1982 was not a promotion and would not be counted to deprive the benefits under the ACP/MACP Schemes. The case of the Petitioner, it is urged, is at par with Ajmer Singh and the writ petition deserves to be allowed by granting 3rd MACP benefits to the Petitioner on the strength of the said judgment, which is stated to have attained finality.

9. Per contra, the stand of the Respondents is that Petitioner was appointed as a Group 'D' employee on 01.05.1974 and was granted first promotion as Lab Assistant on 15.07.1985. Thereafter, Selection Grade was awarded to him in the Pay Scale of Rs.1200-2040 (revised under 4th CPC) and