Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules 2003 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Judicial Review – When not – Date of applicability of ACP Scheme – Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules 2003 – ACP Scheme notified in 2003 by State of Bihar for its employees retrospectively w.e.f 09.08.99, adapted by Respondent No.1-Electricity Board through notification dtd.05.04.05 – Subsequent notification issued by respondent no.1 notified that the ACP Scheme would be applicable only for the staff appointed after issuance of the earlier notification dtd. 05.04.05– Challenged by appellants-employees in 2011 inter alia seeking directions to respondent no.1 to also introduce the benefit of the ACP Scheme w.e.f 09.08.99, writ petitions dismissed – On appeal, held: Appellants were guided by service regulations of the Electricity Board – Any notification relating to service conditions issued by State of Bihar was neither ipso facto nor mutatis mutandis applicable to the employees of Electricity Board unless the same was adapted – Even if adapted, it would depend on the manner and to the extent adapted – Further, the notification issued by State of Bihar itself clarified that it shall not be applicable to the employees of public sector undertakings/autonomous institutions – Respondent No.1 is an autonomous public undertaking – Thus, mere issuance of the said notification would not create any right in favour of its employees – Appellants cannot contend that the Scheme should be applicable from the very same date on which it was made applicable to the State Govt. employees – Judicial review of the date chosen for applicability would arise only if such choice of date is malafide or with ulterior motive– Furthermore, even when notification dtd. 05.04.05 was issued, all other appellants except the appellant no.1 had retired – Though, appellant no.1 was in service upto 31.07.08, neither him nor others raised any grievance till 2011 as it was clear that the Board in its discretion had adapted the Scheme w.e.f 05.04.05 – High Court adverted to all aspects of the matter– Decision of High Court does not call for interference– Electricity (Supply) Act, 1948 – s.79(C). |
Judge | Hon'ble Mr. Justice Ajjikuttira Somaiah Bopanna |
Neutral Citation | 2022 INSC 852 |
Petitioner | Md. Islam & Ors. |
Respondent | The Bihar State Electricity Board & Ors. |
SCR | [2022] 7 S.C.R. 57 |
Judgement Date | 2022-08-23 |
Case Number | 5764 |
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