IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Commissioner Of Police – Appellant
Versus
Hira Lal – Respondent
| Table of Content |
|---|
| 1. appointment history and pay fixation requirements (Para 1 , 3 , 4 , 5 , 6) |
| 2. respondent's eligibility for acp/macp benefits (Para 10 , 11 , 12) |
| 3. petitioners' argument against counting past service for benefits (Para 14 , 15 , 16 , 17 , 18) |
| 4. court's analysis of entitlement to past service recognition (Para 19 , 20 , 21 , 22 , 25 , 27) |
| 5. conclusion on entitlement to macp benefits (Para 24 , 26) |
| 6. final order: dismissal of writ petition and directives (Para 28 , 29) |
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 f

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.
Uniform ACP/MACP benefits mandatory for similarly placed Mazdoor employees under same ministry; selective denial violates Arts. 14 & 16.
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.
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