DURGA PRASAD Vs. M C D

JUDGEMENT

(1.) This is a writ petition filed by the petitioners who have assailed the order passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the Tribunal') dated 28.07.2009 in O.A. No.340/2009 and M.A. No.253/2009 declining to interfere with the action of the respondents in withdrawing the ACP benefits given to the petitioners earlier.

(2.) The petitioners have prayed for quashing the order of the Tribunal limited to the extent of declining to restore the ACP benefits to the petitioners and with a further direction to direct the respondents to restore back the benefits of first financial up-gradation/ACP granted by the office by order dated 04.09.2003

(3.) Briefly stating the facts of this case are that the petitioners No.2 and 4 were appointed in the year 1986-87 as Process Servers on regular basis while petitioners No.1,3, 5 and 9 were appointed as Peon on regular basis. Thereafter in the year 1987-1988, they competed for departmental post for appointment to the post of LDC under 15% quota. It was one of the conditions for the recruitment for the post of LDC that only the regular Group 'D' employees who were eligible to be recruited as LDC under 15% post quota would only be considered for the post of LDC.