Executive clarifications cannot override binding judicial precedents granting MACP benefits; withdrawal of 3rd upgradation after 20 years from first promotion, once implemented, is arbitrary absent judicial overruling.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

Since a common question of facts and law arises in the present O.As., we have heard both the O.As. together and they are being disposed of by this common order. However, for the sake of brevity, the facts are primarily being extracted from O.A. No. 2562/2025 being the lead case, with the consent of the learned counsel for the parties.

2. The O.A. No. 2562/2025 has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs:-

“(a) quash and set aside impugned order dated 25.06.2025 (Annexure A/1) and 02.04.2025 (Annexure A/2)

(b) accord all consequential benefits

(c) Award costs of the proceedings; and

(d) Any other relief which this Hon’ble Tribunal deems fit and proper in favour of the applicant.”

3. The main issue raised by the applicants in these two OAs is that the benefit of 3rd financial upgradation under MACP Scheme granted by the respondents on completion of 20 years from the dates of their 1st promotion vide order dated 25.01.2022, has been withdrawn vide impugned order dated 25.06.2025.

4. The brief facts of the case as summarised by the learned counsel for the applicants are that:

4.1 The applicants in both these O.As. were initially appointed as Constable (Executive) in Delhi Police during the years 1985-1988 and were promoted to the post of Head Constable (Executive) on 15.10.1993. Those appointed in the year 1985, completed 20 years service in 2005 when ACP Scheme governed the subject, however, they were not entitled as had less than 24 years of service to qualify for 2nd upgradation under ACP Scheme. The said scheme was modified as MACP Scheme and implemented w.e.f. 01.09.2008 which entails 2nd financial upgradation upon completion of 20 years’ service. Accordingly, the applicants were given 2nd MACP w.e.f. 01.09.2008 upon completion of 20 years or more service.

4.2 Thereafter, they were granted 3rd financial upgradation under MACP Scheme vide order dated 25.01.2022. Such benefit was rendered to the applicants based on the Full Bench Judgment dated 23.05.2016 of this Tribunal in O.A. No.1288/2014 titled Manju Vashisht & Ors. vs Union of India & Ors., which was upheld by the Hon'ble High Court of Delhi as well as Hon'ble Supreme Court. It was followed by this Tribunal in O.A. No. 2400/2017 titled Satender Singh & Ors. vs Union of India & Ors., decided on 09.01.2018, which was further affirmed by the Hon’ble High Court of Delhi vide Judgment dated 10.04.2014 in WP(C) No. 11275/2023 as well as by the Hon’ble Supreme Court in SLP (C) No.18860/2024 vide Order dated 30.08.2024; and in O.A. No. 3552/2017 titled as Yogesh Kumar Gulati & Ors. vs Union of India & Ors., dated 23.05.2025.

4.3 The applicants are seeking identical benefit as rendered in the case of Manju Vashisht & Ors. (supra) which had already been extended to them, as stated earlier. However, the said benefits were subsequently withdrawn vide the impugned order dated 25.06.2025 in respect of the applicants in O.A. No. 2562/2025 and vide orders dated 04.07.2025 and 12.06.2025 in respect of the applicants in O.A. No. 2667/2025. The withdrawal was effected in pursuance of the OM dated 02.04.2025 issued by the Ministry of Home Affairs, which was based on the advice of the DoPT.

5. Opposing the grant of relief, learned counsel for the respondents placing reliance on the submissions made in the counter affidavit