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Case Analysis Union of India And Ors vs Association of Radio And Television Engineering Employees And Anr 2026 DHC 3638-DB
Synopsis
The respondent association represented Group C employees who had been granted third financial upgradation under the MACP Scheme. The employer withdrew the upgradation and initiated recovery of excess payments, citing that the employees had not completed ten years of service in one grade pay. The Central Administrative Tribunal allowed the employees’ OA, setting aside the recovery orders and relying on State of Punjab v. Rafiq Masih (2015) which prohibits recovery from Class III/Class IV employees. The Union of India challenged the Tribunal’s order before the High Court. The High Court dismissed the writ petition in limine, holding that: (i) the issue is squarely covered by Rafiq Masih; (ii) the respondents are Group C employees, and recovery from them is impermissible under Category (i) of Para 18 of Rafiq Masih; (iii) the employer’s reliance on Jagdev Singh (which deals with retired employees) and Chandi Prasad Uniyal (which was considered and not overridden in Rafiq Masih) was misplaced.
Court: High Court of Delhi at New Delhi
Coram: Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Om Prakash Shukla (Division Bench)
Date of Judgment: 13th April 2026
Citation: W.P.(C) 3255/2026 (unreported)
Core Law: Service Law – Recovery of excess payment; Modified Assured Career Progression (MACP) Scheme; Applicability of State of Punjab v. Rafiq Masih (2015) – prohibition of recovery from Group C/Group D employees.
1. Heading of the judgment
High court of delhi at new delhi
W.p.(c) 3255 of 2026, cm appl. 15661-15663 of 2026
Union of india and ors (petitioners) vs. Association of radio and television engineering employees and anr (respondents)
Coram: hon’ble mr. justice c. hari shankar and hon’ble mr. justice om prakash shukla
Date: 13th april, 2026
2. Legal framework
Major laws and provisions involved:
Service law – modified assured career progression (macp) scheme (government instructions)
Constitution of india, 1950 – article 226 (writ jurisdiction)
Central administrative tribunal act, 1985 – jurisdiction of cat
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