ORISSA POWER TRANSMISSION CORPORATION LTD. versus KHAGESWAR SUNDARAY AND ORS.

ORISSA POWER TRANSMISSION CORPORATION LTD. versus KHAGESWAR SUNDARAY AND ORS.

The OSEB, as employer, was legally empowered to fix the cut-off date for eligibility to advance increments, and mere absence of reasons in the decision does not establish arbitrariness or discrimination under Article 14 without supporting material; hence the High Court’s view is unsustainable.

Parties
Appellant: Orissa Power Transmission Corporation Ltd.; Respondents: Khageswar Sundaray and Ors.
Jurisdiction
India
Judgment Date
11 August 2011
Procedural Posture
Civil Appeal / Decision on Appeal From High Court Order
Outcome
appeal allowed
Legal Topics
Advance Increments, Cut Off Date, Discrimination, Arbitrariness, Wages Revision, Increment Entitlement
Service Law Advance Increments Cut Off Date Discrimination Arbitrariness Wages Revision Increment Entitlement

Case Brief

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Parties

Orissa Power Transmission Corporation Ltd.

Appellant

Khageswar Sundaray and Ors.

Respondents

Procedural Posture

Civil Appeal / Decision on Appeal From High Court Order

Legal Issues

  1. 1 Whether OSEB’s decision to fix 30.06.1971 as cut-off date for advance increments was arbitrary and discriminatory
  2. 2 Whether respondents were entitled to two advance increments in revised pay scales post cut-off date

Ratio Decidendi

The OSEB, as employer, was legally empowered to fix the cut-off date for eligibility to advance increments, and mere absence of reasons in the decision does not establish arbitrariness or discrimination under Article 14 without supporting material; hence the High Court’s view is unsustainable.

Court Disposition

appeal allowed

Orders

  • Impugned order of the Division Bench of the Orissa High Court set aside.
  • Writ petition of respondent Nos. 1 to 5 dismissed.