LexORISSA POWER TRANSMISSION CORPORATION LTD. versus KHAGESWAR SUNDARAY AND ORS.
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A B [2011] 10 S.C.R. 196 ORISSA POWER TRANSMISSION CORPORATION LTD. v. KHAGESWAR SUNDARAY AND ORS. (Civil Appeal No. 6904 of 2011) AUGUST 11, 2011 [R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.) Service Law - Advance increments - Entitlement to - Cut-off date - Office order passed by the Orissa State C Electricity Board (OSEB) that Lower Division Clerks (LDCs) in OSEB shall be granted two advance increments in the time- scale of pay on their becoming graduates while in service - Wages of OSEB employees revised - OSEB constituted an Anomaly Committee to examine the issue with regard to D advance increments in the revised scales of pay - Anomaly Committee made recommendation that the benefit of advance increments in the revised scales of pay be confined tO employees who graduated or had passed the Accounts Examinations on or before 30.06.1971 - Recommendations E of the Anomaly Committee accepted by the OSEB - Respondent Nos. 1 to 5, who were working as LDCs under the OSEB, and had passed graduate examinations in the years 1974 - 1976, were not granted advance increments by the OSEB - They filed writ petition - High Court allowed the writ F petition holding that the decision of the OSEB did not disclose any reason, far Jess any justifiable reason, to confine the benefit of the two advance increments only to the employees fulfilling the criteria by a cut-off date i.e. 30.06.1971 and hence the decision was arbitrary - High Court accordingly quashed the decision of the OSEB so far as respondent Nos. 1 to 5 G were concerned and directed that two advance increments be notionally given to them in their pre-revised scale of pay with effect from the respective dates they acquired the degree qualifications in the year 1974-1976 and on that basis fix their H 196 ORISSA POWER TRANSMISSION CORPORATION 197 LTD. v. KHAGESWAR SUNDARAY current pay and pay their current salary accordingly - On A appeal, held: The view taken by the High Court that the decision of OSEB was arbitrary and discriminatory is not sustainable in law - The OSEB as the employer was fully with its powers to decide the cut-off date for the employees to become a graduate or passing the Accounts Examinations B to be eligible to the two advance increments in the revised scales of pay and the decision of the OSEB could not be held to be arbitrary only because the reason for decision was not stated in the proceedings of the meeting of the OSEB in which the decision was taken - Order of the High Court set aside c and the writ petition of respondent Nos. 1 to 5 dismissed - Constitution of India, 1950 - Article 14. State of Bihar and Ors. v. Ramjee Prasad and Ors. (1999) 3 SCC 368: 1990 (2) SCR 468 and National Council Education and Ors. v. Shri Shyam Shiksha Prashikshan D Sansthan and Ors. (2011) 3 SCC 238: 2011 (2) SCR 291 - relied on. Sushma Sharma (Dr.) v. State of Rajasthan 1985 supp. SCC 45; UGC vs. Sadhana Chaudhary (1996) 10 SCC 536: E 1996 (6) Suppl. SCR 392; Ramrao vs. All lndiaBackward Class Bank Employees Welfare Association (2004) 2 SCC 76: 2004 (1) SCR 19 and State of Punjab vs. Amar Nath Goyal (2005) 6 SCC 754: 2005 (2) Suppl. SCR 549 - referred to. F Case Law Reference: 1990 (2) SCR 468 relied on Para 7 2011 (2) SCR 291 relied on Para 8 G 1985 Supp. sec 45 referred to Para 8 1996 (6) Suppl. SCR 392 referred to Para 8 2004 (1) SCR 19 referred to Para 8 2005 (2) Suppl. SCR 549 referred to Para 8 H 198 SUPREME COURT REPORTS [2011] 10 S.C.R. A CIVIL APPELLATE JURISDICTION : Civil Appeal No. B c 6904 of 2011. From the Judgment & Order dated 18.12.2007 of the High Court of Orissa at Cuttac in O.J.C. No. 5768 of 1994. Raj Kumar Mehta . Antrryami, Upadhyay for the Appellant. Shibashish Mishra, Umang Shankar, Ugra Shankar Prasad for the Respondents. The order of the Court was delivered by ORDER A. K. PATNAIK, J. 1. Leave granted. D · 2. This is an appeal against the order dated 18.12.2007 of the Division Bench of the Orissa High Court in OJC No.5768 of 1994. 3. The facts very briefly are that the Orissa State Electricity Board (for short 'the OSEB') decided in its meeting held on E 02.05.1970 that Lower Division Clerks (for short 'the LDCs') in the Circles, Divisions and Sub-Divisions of the OSEB shall be granted two advance increments in the time-scale of pay attached to the post on their becoming graduates while in service. Accordingly, an office order was passed
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