MD. ISLAM & ORS. versus THE BIHAR STATE ELECTRICITY BOARD & ORS.

MD. ISLAM & ORS. versus THE BIHAR STATE ELECTRICITY BOARD & ORS.

The State notification of the ACP Scheme did not automatically confer rights on employees of the Bihar State Electricity Board because it excluded public undertakings and the Board validly exercised its discretion under Section 79(C) to adapt the Scheme only prospectively w.e.f. 05.04.2005 (and clarified this by notification dated 07.10.2005); absent a demonstration of mala fide or ulterior motive the Court will not interfere with the Board's choice of date, and therefore the appellants were not entitled to retrospective effect from 09.08.1999.

Parties
Appellants: MD. ISLAM & ORS.; Respondents: THE BIHAR STATE ELECTRICITY BOARD & ORS.
Jurisdiction
India
Judgment Date
23 August 2022
Procedural Posture
Civil Appeal / Appeal From the High Court of Judicature at Patna Judgment Dated 18.12.2018
Outcome
Appeal dismissed
Legal Topics
Assured Career Progression (acp) Scheme, Adaptation of State Service Rules by Statutory Boards, Date of Applicability of Service Rules, Section 79(c) of the Electricity (supply) Act, 1948
Judicial Review Service Law Administrative Law Employment Law Electricity Law Assured Career Progression (acp) Scheme Adaptation of State Service Rules by Statutory Boards Date of Applicability of Service Rules +1 more

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Parties

MD. ISLAM & ORS.

Appellants

THE BIHAR STATE ELECTRICITY BOARD & ORS.

Respondents

Procedural Posture

Civil Appeal / Appeal From the High Court of Judicature at Patna Judgment Dated 18.12.2018

Legal Issues

  1. 1 Whether the Bihar ACP Rules 2003 notified w.e.f. 09.08.1999 applied to employees of the Bihar State Electricity Board
  2. 2 Whether the respondent Board's adaptation of the ACP Scheme could be retrospective or was prospective and the correct date of applicability
  3. 3 Whether judicial review of the date chosen for applicability is permissible absent mala fide or ulterior motive

Ratio Decidendi

The State notification of the ACP Scheme did not automatically confer rights on employees of the Bihar State Electricity Board because it excluded public undertakings and the Board validly exercised its discretion under Section 79(C) to adapt the Scheme only prospectively w.e.f. 05.04.2005 (and clarified this by notification dated 07.10.2005); absent a demonstration of mala fide or ulterior motive the Court will not interfere with the Board's choice of date, and therefore the appellants were not entitled to retrospective effect from 09.08.1999.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs
  • Pending applications, if any, shall stand disposed of