NDLI: State of U.p. & Ors. Vs. Virendra Kumar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.8 15 95(2) 95(1)(f) 92 Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam 1965 94(2)(nn)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 (1 of 1966)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Special Leave Petition
Court	Supreme Court of India
Disposal Nature	Matter Referred to Larger Bench
Headnote	Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965 – ss.8, 15, 92, 94(2)(nn), 95(1)(f), 95(2) – Appellant decided to implement 6th Pay Commission Report w.e.f. 01.01.2006 and issued order dated 08.12.2008 – Said order excluded its applicability to the employees of local bodies and public enterprises – Regulation framed by U.P. Awas Evam Vikas Parishad (the Board) regarding pension/family pension & gratuity scheme – Appellant issued order approving pay band, grade pay etc. in the revised pay structure to the Board’s employees – Another order clarified that arrears of revised pay from 01.01.2006 to 13.01.2010 shall not be admissible to them – Appellant issued letter dated 05.05.2015 regarding pensionary benefits to Board’s employees in compliance of order passed by Supreme Court in Preetam Singh’s case – Board issued consequential order dated 05.05.2015 – Writ petitions filed inter alia for quashing order dated 05.05.2015 – Allowed vide order dated 16.03.2018 inter alia holding that Government Order dated 08.12.2008 would apply in its entirety to the Board’s employees – In another writ petition, mandamus was issued inter alia to grant benefit of arrears of salary payable to Board’s employees from 01.01.2006 to 13.01.2010 – Special Appeal dismissed on 26.11.2018 – Present SLPs filed against orders dtd. 16.03.2018 and 26.11.2018 – Submissions made only on the question as to whether judgment in Preetam Singh’s case reported as [2014] 10 SCR 910 requires reference to larger Bench or not – Held: Main issue considered in Preetam Singh’s case was as to whether the State Govt. has jurisdiction to issue direction for non-implementing pension/family pension & gratuity scheme on the employees of the Board – It was held that it is open to the State Govt. to issue directions on question of policy to all the Public Corporations in State of U.P but only in respect of questions of policy having a nexus to the “discharge of 699 its functions” – It was also held that Board’s functions are relatable only to the functions stipulated in s.15 and that “the conditions of service of employees do not constitute the functions of the Vikas Parishad” – s.15 does not include conditions of the service of the employees as one of Board’s functions but s.15(1) begins with words “subject to the provisions of this Act and the rules and regulations” – Preetam Singh did not consider other provisions of ss.8, 92, 95(1)(f) and the expression “subject to the provisions of the Act, rules and regulations” which was expression of extreme importance and intended to amplify and add other functions to the Board as provided in the Act, rules and regulations – s.95 (Power to make regulations) has to be read in functions of the Board as contemplated by s.15 – Bench in Preetam Singh erred in laying down that conditions of service of the employees do not constitute the functions of the Vikas Parishad– It cannot be said that State Govt. had no jurisdiction to issue directions regarding service conditions of the employees – State can exercise its jurisdiction u/Art.162 to issue executive orders regulating the conditions of service of the officers and servants employed in the affairs of the State – Judgment in Preetam Singh needs reconsideration – Questions formulated – To be considered by larger Bench – U.P. State Control Over Public Corporation Act, 1975 – Constitution of India – Art.162; VIIth Schedule- Entry 41 List 5.
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2020 INSC 158
Petitioner	State Of U.p. & Ors.
Respondent	Virendra Kumar & Ors.
SCR	[2020] 2 S.C.R. 699
Judgement Date	2020-02-10
Case Number	4802

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