Ajay Kumar Singh vs Shri Ajay Kumar Bhalla And Ors on 8 April, 2026

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    Delhi High Court – Orders

    Ajay Kumar Singh vs Shri Ajay Kumar Bhalla And Ors on 8 April, 2026

    Author: Amit Sharma

    Bench: Amit Sharma

                              $~22
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    CONT.CAS(C) 610/2021
                                   AJAY KUMAR SINGH                                .....Petitioner
                                                      Through: Mr. Ankur Chibber, Mr. Anushman
                                                                  Mehrotra, Advs.
                                                      versus
                                   SHRI AJAY KUMAR BHALLA AND ORS                  .....Respondents
                                                      Through: Mr. Sanjay Kumar Pathak, SPC for
                                                                  R-1 to 4.
                                                                  Mrs. K. Kaomudi Kiran Pathak, Mr.
                                                                  Sunil Kumar Jha, Mr. M.S. Akhtar,
                                                                  Ms. Joohu Kumari, Advs.
                                                                  Mr. Ajay Pal, Law Officer with Insp.
                                                                  Athurv and Mr. Ramniwas Yadav,
                                                                  CRPF.
                                   CORAM:
                                   HON'BLE MR. JUSTICE AMIT SHARMA
                                                      ORDER
    

    % 08.04.2026

    1. This hearing has been done through hybrid mode.

    SPONSORED

    2. The present petitions under Sections 11 and 12 of the Contempt of
    Courts Act, 1971 seeks the following prayers: –

    “i. Pass an order issuing the contempt against the Respondents and
    punish them in accordance with law for the contempt of the
    judgment dated 25.02.2021 passed in W.P.(C) 2610/2021; and

    ii. Pass any such orders as the Hon’ble Court may deem fit in the
    light of the above mentioned facts and circumstances of the case.”

    3. Vide judgment dated 25.02.2021 in W.P. (C) 2610/2021, learned
    Division Bench of this Court had passed the following directions: –

    “4. It is pertinent to mention that the petitioners have preferred
    the present writ petition to primarily seek a mandamus to the
    respondents to grant the benefit of the First and Second financial

    This is a digitally signed order.

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    The Order is downloaded from the DHC Server on 10/04/2026 at 22:09:12
    upgradation under the ACP scheme with effect from completion of
    12 years and 24 years and the third MACP on completion of 30
    year of service. It is claimed that wherever the second Financial
    upgradation is granted under the second MACP, the same hall be
    granted in the Pay Band of Rs.9300-34800 with Grade Pay of
    Rs.4200 w.e.f. 01st January, 2006 and wherever 20 years have been
    completed or the dates mentioned in the prayer clause along with
    consequential benefits including arrears. The petitioners’ claim is
    based upon the decision of the Supreme Court in the case of Union
    of India and Ors. Vs. Balbir Singh Turn & Anr., Civil Appeal
    Diary No.3744/2016 along with other cases decided on 08th
    December, 2017. The petitioners also place reliance on the decision
    of the Division Bench of this Court in Sunil Kumar Tyagi vs.
    Union of India & Anr., W.P. (C) No.3549/2018
    decided on 01st
    May, 2019, Jaswant Singh v. Union of India., WP(C) No. 22 of
    2015 decided on 05.01.2015 as well as Jai Pal Singh v. Union of
    India
    decided on 06.09.2013 in WP(C) No. 5539/2015 and Indian
    Ex-Bordermen Movement and Ors v. Union of India and Ors.

    decided on 03.02.2020 in WP(C) No. 7447/2019.

    5. As admittedly there is no interim order passed by the
    Supreme Court in any of the Special Leave Petitions filed by the
    Union of India in similar matters, we dispose of the present writ
    petition in similar terms as passed in W.P.(C) No.6437/2019 i.e. a
    direction to the respondents to consider the petitioners’ claim in the
    light of the judgments in Union of India and Ors. Vs. Balbir Singh
    Turn & Anr.
    (supra) and Sunil Kumar Tyagi vs. Union of India
    & Anr (supra), Union of India & Ors. vs. M. V. Mohanan Nair,
    (2020) 5 SCC 421 as well as Jaswant Singh v. Union of India.,
    WP(C) No. 22 of 2015 decided on 05.01.2015 as well as Jai Pal
    Singh v. Union of India
    decided on 06.09.2013 in WP(C) No.
    5539/2015 and Indian ExBordermen Movement and Ors v. Union
    of India and Ors.
    decided on 03.02.2020 in WP(C) No. 7447/2019
    and to dispose of the representations of the petitioners positively
    within twelve weeks from today.
    It is clarified that in the event the
    Supreme Court varies or set asides the order passed by the Division
    Bench in Sunil Kumar Tyagi vs. Union of India & Anr (supra)
    and/or any other similar matter, then the present order shall abide
    by the order( s) of the Apex Court.”

    4. Reply affidavit dated 01.12.2021 has been filed on behalf of the

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    respondent Nos.1 to 4 in which it has been stated as under: –

    “8. That it is pertinent to mention here that vide judgment/order
    dated 05.03.2020 passed in Civil Appeal No. 2016/2020 (arising
    out of SLP(C) No.21803/2014) titled Union of India Vs M. V.
    Mohanan Nair
    reported in (2020) 5 see 421 and other connected
    appeals, a bench of 3 Hon’ble Judges of the Hon’ble Supreme Court
    has allowed the appeal filed by UOI/Deptt and has held that as per
    the prevailing Rules of MACP Scheme, financial upgradation is to
    be granted to immediate next higher Grade Pay and not the Grade
    Pay in the next promotional hierarchy. The Hon’ble Supreme Court
    has also held as under:-

    “56. The AGP Scheme which is now superseded by MACP
    Scheme is a matter of government policy. Interference with,
    the recommendations of the expert body like the Pay
    Commission and its recommendations for the MACP
    Scheme, would have serious impact on the public exchequer.
    The recommendations of the Pay Commission for MACP
    Scheme has been accepted by the Government and
    implemented. There is nothing to show that the Scheme is
    arbitrary or unjust warranting interference. Without
    considering the advantages in the MACP Scheme, the High
    Courts erred in interfering with the Government’s policy in
    accepting the recommendations of the Sixth Central Pay
    Commission by simply placing reliance upon Raj Pal case.
    The impugned orders cannot be sustained and are liable to be
    set aside.”

    True copy of the judgment dated 05.03.2020 of Hon’ble Supreme
    Court passed in Union of India Vs M. V. Mohanan Nair reported
    in (2020) 5 SCO 421 and other connected appeals is annexed as
    ANNEXURE R-1.

    9. That it is further clear that the earlier AGP Scheme was
    withdrawn w.e.f. 01.09.2008 and the same stood superseded by the
    MACP Scheme with effect from 01.09.2008. Hence, the prayer of
    petitioners for sanctioning of MACP benefits w.e.f. 01/01/2006 is
    not at all tenable and not in accordance with the relevant rules on
    the subject. Moreover, the ACP and MACP scheme cannot run
    concurrently.

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 10/04/2026 at 22:09:12

    10. That on the SLP/Civil Appeal filed by UOI/Deptt., the Hon’ble
    Supreme Court while allowing the C.A. No. 1579/2021 (arising
    from SLP (C) No. 15572/2019) titled Union of India Vs R.K.
    Sharma and Others
    reported in (2021) 5 see 579 and other
    connected appeals, vide judgment/order dated 28.04.2021, has
    categorically held as under:-

    “10. In MX Mohanan Nair a three-Judge Bench of this
    Court considered the ACPS as well as the MACPS to hold
    that the schemes are in the nature of incentive schemes which
    were brought into force to relieve stagnation. This Court was
    of the considered view that the respondents therein were
    entitled only to the benefit of next grade pay in the pay band
    and not to the benefit of grade pay of next promotional post.
    As the MACPS is a matter of government policy pursuant to
    the recommendations made by the Pay Commission, this
    Court refused to accept submissions of the employees that
    MACPS should be made applicable with effect from 1-1-
    2006.

    11. In view of the judgment of this Court in M.V.
    Mohanan Nair, the respondents and other similarly situated
    employees are entitled for financial upgradation under
    MACPS only to the next grade pay and not to the grade pay
    of a next promotional post. It is clear from the Resolution
    dated 30-8-2008 that the recommendation of the 6th Pay
    Commission was accepted by the Government and was made
    effective from 1-1- 2006 in respect of civilian employees with
    regard to revised scales of pay and dearness allowances.
    Insofar as the revised allowances other than dearness
    allowance, recommendations of the 6th Pay Commission
    were given effect from 1-9- 2008. The judgment in M.V.
    Mohanan Nair clinches the issue. Benefits flowing from ACP
    and MACP Schemes are incentives and are not part of pay.
    The Resolution dated 29-8-2008 is made effective from 1-9-
    2008 for implementation of allowances other than pay and
    DA which includes financial upgradation under ACP and
    MACP Schemes. Therefore, the respondents and other
    similarly situated officers are not entitled to seek
    implementation of the benefits of MACPS with effect from 1-

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 10/04/2026 at 22:09:12
    1-2006 according to the Resolution dated 29-8-2008.
    Moreover, the implementation of MACPs by granting
    financial upgrdation only to the next grade pay in the pay band
    and not granting pay of the next promotional post with effect
    from 1-1-2006 would be detrimental to a large number of
    employees, particularly those who have retired. We find force
    in the submission made by the learned Additional Solicitor
    General that uniform implementation of MACPS for civilian
    employees with effect from 1-1-2006 would result in large-
    scale recoveries of amounts paid in excess.

    12. In view of the above, we set aside the judgment of
    the High Court and allow these appeals.

    Civil Appeals Has. 1592 of 2021 [arising out of SLP (C) No.
    12033 of 2020], 1597 of 2021 [arising out of SLP (C) No.
    12640 of 2020], 1600 of 2021 [arising out of SLP (C) No.
    15772 of 2020], 1603~609 of2021 [arising out of SLPs (C)
    Nos. 913-19 of 2021], 1599 of 2021 [arising out of SLP (C)
    No. 15150 of2020].”

    True copy of the judgment dated 28.04.2021 of Hon’ble Supreme
    Court passed in Union of India Vs R.K. Sharma and Ors. reported
    in (2021) 5 SCC 579 and other connected appeals is annexed as
    ANNIEXURE R-2.

    xxx xxx xxx

    12. That from the above, it can be seen that the Hon’ble Supreme
    Court has also squarely denied to interfere in the recommendations
    / policy matters of expert body i.e. pay commission which is
    applicable to the present case also as the petitioner in his writ
    petition has in effect sought to reopen the recommendations/policy
    matters of same expert body of Pay Commission despite their
    pension has been revised according to the provisions of pay
    commission/DoP&T and GoI orders.

    xxx xxx xxx

    14. That vide judgment/order dated 25.02.2021, this Hon’ble Court
    has clarified that in the event the Supreme Court varies or set asides
    the order passed by the Division Bench in Sunil Kumar Tyagi vs.

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 10/04/2026 at 22:09:12
    Union of India & Anr (supra) and/or any other similar matter, then
    the present order shall abide by the order(s) of the Apex Court.
    It is
    submitted that the case of petitioner herein is covered by judgment
    and order dated 28.04.2021 passed in R.K. Sharma case (supra) by
    the Hon’ble Supreme Court whereby it is held that MACP scheme
    shall be applicable w.e.f. 01.09.2008 instated of 01.01.2006 and has
    set aside the orders passed by this Hon’ble Delhi High Court.”

    5. As noted hereinabove, learned Division Bench while passing the
    directions had categorically clarified that in the event the Supreme Court
    varies or set aside the order passed by the learned Division Bench in Sunil
    Kumar Tyagi v. Union of India & Anr
    (supra) and/or any other similar
    matter, then the said order passed by learned Division Bench shall abide by
    such order(s) of the Hon’ble Supreme Court.

    6. Learned counsel appearing on behalf of the petitioner fairly submits
    that the judgment of the Hon’ble Supreme Court in M.V. Mohanan Nair
    (supra) was rendered in similar situation, and in view of the same, he seeks
    leave to withdraw the present petition with liberty to initiate appropriate
    proceedings as available in law before the Court of competent
    jurisdiction/appropriate forum.

    7. Leave and liberty granted.

    8. The present petition is dismissed as withdrawn and disposed of.

    9. Pending application(s), if any, also stand disposed of accordingly.

    10. Order be uploaded on the website of this Court forthwith.

    AMIT SHARMA, J
    APRIL 8, 2026/kr

    This is a digitally signed order.

    The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
    The Order is downloaded from the DHC Server on 10/04/2026 at 22:09:12



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