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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
M. J. Prasad – Appellant
Versus
Garrison Engineer Central – Respondent
JUDGMENT
Satish Chandra Sharma, C.J.
1. The present LPA arises out of an order dated 15.03.2022 passed by the Learned Single Judge in W.P.(C) No. 10809/2020 titled M. J. Prasad vs. M/S Garrison Engineer (Central) And Ors..
2. The undisputed facts of the case reveal that a Writ Petition was preferred before this Court by the Garrison Engineer (Central), Military Engineer Service against order dated 30.10.2019 passed by the Regional Labour Commissioner, Central (RLC, Central) in the case of Shri. M. J. Prasad Vs. Garrison Engineers (Central), by which the Labour Commission has directed recovery of Rs. 1,95,980/- from the Garrison Engineer.
3. Pursuant to the order dated 30.10.2019, the Sub-Divisional Magistrate has issued notices on 27.07.2020 and 20.08.2020 for recovery of the aforesaid amount under Section 136 of the Delhi Land Reforms Act, 1954 (DLR Act), and for attaching the properties under the control of Garrison Engineer, Military Engineer Services.
4. The facts of the case further reveal that the Appellant (Respondent No.1 in the Writ Petition) was appointed as Wireman with effect from 07.09.1982 and continued up to 19.04.1984 as a daily wager, and an order was passed re
MACP/ACP benefits are not a matter of right and can only be granted to those workmen who have passed a trade test.
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
Retrospective MACP cannot negate crystallized ACP benefits; employees entitled to more advantageous scheme.
The court ruled that recovery of excess payments, if made after significant time lapses, is impermissible under the law, emphasizing financial upgradation rights under the MACP scheme.
Promotion by clearing departmental examinations cannot be considered for ACP/MACP calculations under the applicable career progression schemes.
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