Authority: Supreme Court of India (Civil Appellate Jurisdiction)
Order Date: 11 August 2026
Case Overview
- Parties: Appellants – Delhi Urban Shelter Improvement Board et al.; Respondents – Shashi Malik & others. Separate petition: Union of India & others (Petitioners) vs P.K.A Kurup & others (Respondents).
- Issue: Release of benefits under the Assured Career Progression Scheme (ACPS) to the respondents.
- Procedural History:
- Single Judge of Delhi High Court, 11 Feb 2015, allowed writ petitions, holding withdrawal of ACPS benefits wrongful.
- Appellants filed intra‑court appeal; High Court dismissed it on 28 July 2015, noting the appeal was “not pressed” and permitting review.
- Review petition dismissed by the Single Judge on 14 Mar 2016.
- Division Bench of Delhi High Court dismissed the two intra‑court appeals on 1 Sept 2016.
- Special Leave was granted on 3 Feb 2017; the present civil appeals (Nos.1486‑1487/2017) and SLP(C) No.11556/2018 were filed before this Court.
- Legal Reasoning:
- The intra‑court appeals were not maintainable under Order XXIII Rule 1 of the CPC; the second intra‑court appeal was incompetent ab initio.
- No appeal lay under Order XLVII Rule 7 against the Single Judge’s dismissal of the review petition.
- Cited precedents: M/s. Upadhyay & Company Vs. State of Uttar Pradesh (1999 1 SCC 81) and Satheesh V.K. v. Federal Bank Ltd. (2025 SCC OnLine SC 2046), affirming that a withdrawn special leave petition cannot be re‑invoked without permission.
- Consequently, the Division Bench could dismiss the appeals without examining merits.
Final Outcome
- Civil Appeals Nos.1486‑1487/2017 are dismissed.
- Special Leave Petition (SLP(C) No.11556/2018) is also dismissed.
- Any pending applications, if any, are ordered disposed of.
Topics: Court Proceedings, Civil Service Benefits