Retrospective office orders cannot withdraw an approved service benefit already applied for under existing policy.

A later office order could not retrospectively withdraw an executive car facility already applied for under the employer's existing policy, because the policy did not require Grade Pay of Rs. 8900/- and instead tied eligibility to the officer's DGM (M3a) status. The earlier grant of the facility, made after approval, was treated as a valid benefit rather than an oversight. The Delhi HC also relied on the service-protection principle reflected in Rule 6(7) of the Delhi Electricity Reforms (Transfer Scheme) Rules, 2001. The denial of the facility was set aside and the benefit was directed to be extended after completion of formalities.

---

---

Issues: Whether the petitioners were entitled to Executive Car Facility and whether the Office Order dated 3 October 2016 could be applied retrospectively to deny that facility.

Analysis: The petitioners had applied for the facility before the Office Order came into force, and the respondent's own policy did not make Grade Pay of Rs. 8900/- a stated condition; it required the concerned officer to be a DGM (M3a). The Court found that the earlier grant of the facility to one petitioner could not be treated as a mere oversight, since it had been extended only after approval. An office order is ordinarily prospective, and the later order could not be treated as merely clarificatory so as to take away an existing benefit retrospectively. The petitioners were also covered by the service-protection principle reflected in Rule 6(7) of the Delhi Electricity Reforms (Transfer Scheme) Rules, 2001.

Conclusion: The petitioners were entitled to the Executive Car Facility, and the impugned order denying it was not sustainable.

Final Conclusion: The refusal to grant the facility was set aside and the respondent was directed to extend the benefit after completion of formalities.

Ratio Decidendi: A later office order cannot be given retrospective effect to withdraw a service-related facility already applied for and governed by the employer's extant policy, unless the retrospective intent is clearly established.

---