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JYOTI SINGH
K. Sreedharan – Appellant
Versus
Govt. of NCT of Delhi, Through Secretary (Education) – Respondent
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
The Selection Grade would not be counted as promotion for the purpose of ACP/MACP Schemes, as established in the judgment in Ajmer Singh.
The entitlement to the benefit of MACP is determined by the MACP scheme and relevant office memorandums, and any clarifications or withdrawals thereof.
Withdrawal of benefits under the MACP Scheme without justifiable cause post-retirement violates principles of natural justice.
III MACP upgradation (GP Rs.4800) granted w.e.f. 01.09.2008 (MACP introduction), reckoning 20 years from 1983 promotion, rejecting 30-year total service computation to honour early promotion benefits....
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
Eligibility for ACP/MACP benefits is determined based on the conditions of the schemes and the promotions earned by the employees.
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