THE VICE CHAIRMAN DELHI DEVELOPMENT AUTHORITY versus NARENDER KUMAR & ORS

THE VICE CHAIRMAN DELHI DEVELOPMENT AUTHORITY versus NARENDER KUMAR & ORS

The High Court erred in applying the reasoning in Balbir Singh Turn to direct MACP benefits from 01-01-2006; this Court held that MACP is operative from 01-09-2008, ACP/MACP benefits are executive incentives not creating automatic vested rights, DDA was not automatically bound to apply the Central Government MACP scheme without its own adoption, and the employees who were only eligible for consideration but had not actually been granted second ACP do not acquire a vested right; accordingly the High Court judgment was set aside, the DDA appeals allowed and the employees' appeals dismissed, with specified consequences regarding interim benefits already granted.

Parties
Appellant: The Vice Chairman Delhi Development Authority; Respondents: Narender Kumar & Ors.
Jurisdiction
India
Judgment Date
08 March 2022
Procedural Posture
Civil Appeal / Final Disposal by Supreme Court
Outcome
Appeals allowed in part; impugned High Court judgment set aside; employees' appeals dismissed
Legal Topics
Assured Career Progression Scheme, Modified Assured Career Progression Scheme, Vested Rights, Retrospective Effect, Pay Fixation
Service Law Administrative Law Assured Career Progression Scheme Modified Assured Career Progression Scheme Vested Rights Retrospective Effect Pay Fixation

Case Brief

Summary, issues, holding and outcome

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Parties

The Vice Chairman Delhi Development Authority

Appellant

Narender Kumar & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposal by Supreme Court

Legal Issues

  1. 1 Whether the MACP scheme is operative from 01-01-2006 or from 01-09-2008 for the purposes of entitlement to benefits
  2. 2 Whether employees who became eligible for second ACP after 24 years before implementation of MACP have a vested right to claim second ACP up-gradation
  3. 3 Whether the DDA, an autonomous statutory body, was bound to apply the Central Government MACP scheme automatically from the date adopted by the Central Government

Ratio Decidendi

The High Court erred in applying the reasoning in Balbir Singh Turn to direct MACP benefits from 01-01-2006; this Court held that MACP is operative from 01-09-2008, ACP/MACP benefits are executive incentives not creating automatic vested rights, DDA was not automatically bound to apply the Central Government MACP scheme without its own adoption, and the employees who were only eligible for consideration but had not actually been granted second ACP do not acquire a vested right; accordingly the High Court judgment was set aside, the DDA appeals allowed and the employees' appeals dismissed, with specified consequences regarding interim benefits already granted.

Court Disposition

Appeals allowed in part; impugned High Court judgment set aside; employees' appeals dismissed

Orders

  • Impugned judgment and order of the Delhi High Court dated 09.01.2020 set aside
  • Appeals filed by the Delhi Development Authority allowed