Facts
The applicants were initially appointed on a regular basis to various posts in the Cement Corporation of India (CCI), a Public Sector Undertaking
Source reference: p.2They subsequently joined the National Water Development Agency (NWDA), an Autonomous Body, on deputation as LDCs on July 25, 2001, and were permanently absorbed in NWDA as LDCs during 2003-2004
Source reference: p.3The NWDA introduced the ACP/MACP Scheme in 2011-2012, and the applicants were initially granted ACP/MACP benefits on March 20, 2013
Source reference: p.3However, following complaints from other NWDA employees and subsequent consultation with the Ministry of Water Resources and DOP&T, notices were issued to the applicants in 2014
Source reference: p.3After considering their replies, Respondent No.1, vide Office Memorandum dated March 29, 2017, withdrew the ACP/MACP benefits already granted to Applicant No.5
Source reference: p.3Aggrieved by this decision, the applicants filed the present Original Application
Source reference: p.3Issues
Whether the impugned decision of NWDA dated March 29, 2017, withdrawing the benefits of past services rendered by the applicants in the erstwhile organization for the purpose of granting ACP and MACP, should be quashed
Source reference: p.2Whether the benefit of services rendered by the applicants in Cement Corporation of India deserves to be counted for the purpose of granting ACP and MACP as per the law laid down by the Hon'ble Supreme Court in Shri S.L. Roop Lal & Ors Vs Lt. Governor through Chief Secretary, Delhi, JT 1999(9) SC 597 and as per DOP&T O.M. dated 07.03.1984 applicable to the applicants as per Bye Law 28
Source reference: p.2Law Applied
The court primarily applied the principle of res judicata or issue estoppel, specifically noting that the matter was "no more res integra"
Source reference: p.4The decision relied on the precedent set in Sangita Mehrotra v. Union of India and Anr. (OA No.3703/2018), decided on August 07, 2025, by a Coordinate Bench of the Central Administrative Tribunal
Source reference: p.4This prior decision upheld the withdrawal of ACP/MACP benefits under similar circumstances where an applicant, initially appointed in a Government of India Undertaking, was subsequently absorbed in NWDA
Source reference: p.4Reasoning
The Tribunal noted that the matter involved in the present OA was identical to that decided in OA No.3701/2018 (Sangita Mehrotra v. Union of India and Anr.)
Source reference: p.5The learned counsel for the respondents argued that the issue was "no more res integra" as the similar matter had already been decided in OA No.3703/2018
Source reference: p.4The previous case involved an applicant who was initially appointed in a Government of India Undertaking and later absorbed in NWDA, and whose ACP/MACP benefits were subsequently withdrawn under similar circumstances
Source reference: p.4In that case, the Tribunal upheld the decision to withdraw the benefits
Source reference: p.4The learned counsel for the applicants did not dispute that the issue regarding the withdrawal of ACP/MACP benefits was exactly the same as in OA No.3701/2018, nor did he deny that the respondents were the same in both OAs
Source reference: p.5Given that there was no pleading or submission that the order dated August 07, 2025, in OA No.3701/2018 had been challenged in a higher court or stayed, the Tribunal found no reason to take a divergent view from the Coordinate Bench
Source reference: p.5Holding
The Original Application is dismissed as it lacks merit, based on the principle that the issue is no longer res integra due to the previous decision in OA No.3703/2018
No order as to costs is made, and any pending MAs stand disposed of accordingly
Source reference: p.6Original Court PDF
Ramesh Chandra & Ors. v. Director General, National Water Development Agency & Anr. OA No.1122/2017
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