UNION OF INDIA & ORS. vs OM PAL AND ORS.

Judgment text excerpt

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 03.12.2025 + W.P.(C) 892/2021 & CM APPLs. 2373/2021, 2375/2021 UNION OF INDIA & ORS. .....Petitioners Through: Ms.Radhika Biswajit Dubey, CGSC, Ms.Gurleen Kaur Waraich and Mr.Vivek Sharma, Advs. versus OM PAL AND ORS. .....Respondents Through: Mr.A.K. Trivedi, Adv. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed by the petitioners, challenging the Order dated 31.10.2019 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the ‘Tribunal’) in O.A. No.3471/2015, titled Om Pal & Ors. v. Union of India & Ors., whereby the learned Tribunal allowed the said O.A. filed by the respondents herein, with the following observations and directions: “5· As several Benches have, after elaborate reasoning allowed the similar cases, as stated above, in view of the same, the instant OA is allowed and impugned orders are set aside. The said posting of the applicants from the post of Checkers to LDCs shall not be treated as promotion, and consequently, the respondents are directed to consider the cases of the applicants for giving ACP/MACP benefits, within two months from the date of Signature Not Verified Digitally Signed WP(C) 892/2021 Page 1 of 3 By:REYMON VASHIST Signing Date:05.12.2025 19:45:46 receipt of certified copy of this order.” 2. The learned counsel for the petitioners submits that, in terms of Office Order/Circular bearing No.288/A/NI/Checker dated 06.03.1980, the employees working as Checkers were to be upgraded, in a phased manner, to the post of LDC by treating such upgradation as a promotion. Consequent thereto, promotion orders were issued, one of which is dated 02.12.1980