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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Commissioner Of Police – Appellant
Versus
Hira Lal – Respondent
JUDGMENT :
AMIT MAHAJAN, J.
1. The present writ petition has been filed under Article 226 of the Constitution of India, assailing the order dated 11.02.2020 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter ‘Tribunal’) in O.A. No. 2240/2014, whereby the learned Tribunal directed the Petitioners to re-determine, by a speaking order, the pay of the Respondent/Sh. Hira Lal as well as his entitlement to benefits under the Assured Career Progression (‘ACP’)/ Modified Assured Career Progression (‘MACP’) Schemes by adding the service rendered by him in the Ministry of Information & Broadcasting from 16.06.1989 to 31.07.1991, if not already done.
3. The quintessential facets governing the present dispute are that the Respondent was appointed as Engineering Assistant (‘EA’) in the Ministry of Information & Broadcasting and served in the said post from 16.06.1989 till 31.07.1991 in the pay scale of Rs.1400-2600.
4. On 01.08.1991, after submitting a technical resignation, the Respondent joined the Delhi Police as ASI (Radio Technician) in the pay scale of Rs. 1600-2660.
5. Subsequently, the pay scale of the post of Engineering Assistant in the Ministry
Past service should be counted for ACP/MACP benefits if it has been protected under pension rules, irrespective of pay grade changes.
Eligibility for ACP/MACP benefits is determined based on the conditions of the schemes and the promotions earned by the employees.
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
The main legal point established in the judgment is that previous promotions and financial upgradations can affect the eligibility of an employee for benefits under the MACP scheme.
The MACP Scheme is an incentive-based condition of service effective from 01.09.2008, and not a component of pay structure, denying retrospective claims from 01.01.2006.
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