STATE OF ORISSA AND ORS. ETC.
A
v.
NIRANJAN NA YAK AND ANR. ETC.
APRIL 21, 1997
[K. RAMASWAMY AND D.P. WADHWA, JJ.)
B
Service Law :
Qualification-Acquiring of-Cut off date fixed for entitlement to addi-
tional amount on acquiring qualification-Held, valid-Writ petitions pend-
C
ing-High Court to decide the matter on the basis of relevant rules.
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3179 of
1997 Etc.
From the Judgment and Order dated 19.4.95 of the Orissa High D
Court in O.J.C. No. 1196 of 1994.
Jana Kalyan Das and S. Misra for (P.N. Misra) for the Appellants.
A. Mariarputham, Mohan Kr. Mohanty, Aruna Mathur and Jaya
Salva for the Respondents.
E
The following Order of the Court was delivered :
Leave granted.
We have learned counsel on both sides.
These appeals by special leave arise from the judgment of the Orissa
High Court, made on April 19, 1995 in O.J.C. No. 1196of1994 and batch.
F
The Government has prescribed April 1, 1981 as the cut off date for
acquisition of the qualific;ation and those who have acquired the qualifica-
G
tions prior to that date are entitled to the additional amounts as prescribed
under the Rules. The High Court has allowed writ petitions without
reference to the relevant Rules. It is settled law that the cut off date has
to be valid and bears reasonable relationship to the object sought to be
achieved.
H
897
898
SUPREME COURT REPORTS
[1997] 3 S.C.R.
A
It is stated that the teachers are relying upon Rule 9 of 1974 Rules.
We are informed that several writ petitions are pending in the High Court
on the basis of Rule 9. In that view of this matter, it may be desirable that
all these matters be decided by the High Court.
Taking an over all view of all the facts, the appeals are allowed. The
B judgment of the High Court stands set aside. The High Court is at liberty
to consider the matter afresh. Learned counsel for the respondents states
that orders were implemented subject to the result of the appeals. Im-
plementation of the order docs not stand on the way of the High Court is
have the matters examined. No costs.
c G.N.
Appeals allowed.
I,
Lex