Case Note & Summary
The dispute arose from the dismissal of appeals by the appellants, who sought the implementation of the Assured Career Progression Scheme (ACP Scheme) from 09.08.1999, claiming it should apply to them as retired employees of the Bihar State Electricity Board. The appellants, including a retired employee and spouses of deceased employees, filed writ petitions in 2011 after their retirement, seeking to quash notifications that limited the ACP Scheme's applicability. The High Court upheld the Single Judge's decision, which noted that the ACP Scheme was only adopted by the Board on 05.04.2005, and thus, the appellants could not claim benefits retrospectively. The court emphasized that the Board had the discretion to adapt the scheme and set its applicability date. The appellants argued that earlier benefits should not bar their claims under the ACP Scheme, citing a precedent. However, the court found that the scheme was not applicable to the Board's employees until it was formally adopted, and the appellants had not raised grievances until years after their retirement. The Supreme Court dismissed the appeal, affirming the High Court's conclusions and the Board's discretion in determining the scheme's applicability date.
Headnote
A) Administrative Law - Applicability of Schemes - Date of Applicability - Electricity (Supply) Act, 1948, Section 79(C) - The court held that the Assured Career Progression Scheme was not applicable to the employees of the Bihar State Electricity Board until it was adopted by the Board on 05.04.2005, and thus could not be claimed retrospectively from 09.08.1999 as sought by the appellants. The Board's discretion in determining the date of applicability was upheld (Paras 12-14).
Issue of Consideration
Whether the Assured Career Progression Scheme was applicable to the employees of the Bihar State Electricity Board from the date claimed by the appellants.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's decision that the ACP Scheme was not applicable to the appellants until it was adopted by the Bihar State Electricity Board on 05.04.2005.
Law Points
- Applicability of schemes
- retirement benefits
- service regulations
- judicial review
- discretion of authorities
