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Supreme Court of India 2022-03-08 allowed

THE VICE CHAIRMAN DELHI DEVELOPMENT AUTHORITY vs NARENDER KUMAR & ORS

Bench: 3 — Uday Umesh Lalit, S. Ravindra Bhat, Bela M. Trivedi

In Brief

The Supreme Court set aside the Delhi High Court's judgment that directed the Modified Assured Career Progression Scheme (MACP) be applied from 01-01-2006 instead of its actual operative date of 01-09-2008. DDA employees who became eligible for second financial up-gradation under the earlier ACP Scheme before MACP's introduction claimed a vested right to the more beneficial ACP terms. The Court held that eligibility is merely an expectation requiring active employer consideration, not an enforceable entitlement. Courts should not interfere with executive policy decisions regarding operative dates absent clear arbitrariness. The Court allowed DDA's appeals and dismissed the employees' cross-appeals, permitting reversal of interim ACP benefits granted, though MACP benefits already given remain undisturbed.

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