LAWS(HPH)-2016-4-206

BESRO DEVI Vs. RANJIT SINGH

Decided On April 26, 2016
Besro Devi Appellant
V/S
RANJIT SINGH Respondents

JUDGEMENT

(1.) The Delhi Urban Shelter Improvement Board in these intra-Court appeals impugns the judgment dated 11th Feb., 2015 passed in Writ Petition (C)No. 2118/2012 titled Anil Kumar Nasa and ors. Vs. Delhi Urban Shelter Improvement Board and Writ Petition (C)No. 2117/2012 titled Shashi Malik and ors. Vs. The Chief Executive Officer and ors. The appellant also impugns the order of the Single Judge dated 14th March, 2016, whereby the review petitions filed by them have been dismissed.

(2.) The appellant had earlier challenged the judgment dated 11th Feb., 2015 in LPA No. 484/2015 titled Delhi Urban Shelter Improvement Board and anr. Vs. Shashi Malik and ors and LPA No. 492/2015 titled Delhi Urban Shelter Improvement Board and anr. Vs. Anil Kumar Nasa and ors. The said intra-Court appeals were dismissed as not pressed, observing that if the appellant would seek review of the order dated 11th Feb., 2015, the Single Judge would bestow consideration as per the review jurisdiction.

(3.) The respondents, who are employees of the appellant, had invoked writ jurisdiction for quashing the order dated 22nd March, 2012 by which the financial up-gradations granted to them vide order dated 31st March, 2009, under the Assured Career Progression Scheme (for short, "ACP Scheme") were sought to be withdrawn. The contention of the appellant was that the Modified Assured Career Progression Scheme (for short, "MACP Scheme") was notified on 19th May, 2009, with retrospective effect from 1st Sept., 2008, and had replaced the ACP Scheme with effect from 1st Sept., 2008. Thus, the respondents were wrongly granted financial up-gradations under the ACP Scheme vide order dated 31st March, 2009. The MACP Scheme was retrospectively applicable on the said date.