MD. ISLAM Vs. BIHAR STATE ELECTRICITY BOARD

JUDGEMENT

(1.) The appellants are before this Court claiming to be aggrieved by the judgment dtd. 18/12/2018 passed by the Division Bench, High Court of Judicature at Patna in LPA No.342/2018. Through the said judgment, the Division Bench has dismissed the appeal filed by the appellants herein while upholding the judgment dtd. 9/1/2018 passed by the learned Single Judge of that Court, in Civil Writ Jurisdiction Case No.13837/2011. The learned Single Judge had dismissed the writ petition along with the analogous petitions which were considered and disposed of by a common judgment.

(2.) The appellant No.1 was an employee who retired from the service of respondent No.1 - the Bihar State Electricity Board on 31/7/2008. The appellants No.10 and 11 are the spouse of the deceased employees. The spouse of the appellant No.10, 11 and the other appellants retired on 31/1/2005. The appellants, through their writ petitions filed in the year 2011 had sought for issuance of directions to respondent No.1- Electricity Board to introduce the benefit of the Assured Career Progression Scheme ('ACP' for short) with effect from 9/8/1999 and as a consequence thereof to pay all monetary benefits. The said relief was prayed to be granted by quashing the resolution no.8165 dtd. 22/9/2005 and the notification dtd. 7/10/2005 issued by the respondent No.1 Electricity Board.

(3.) The brief facts leading to the case is that the appellants were appointed in the respondent No.1-Electricity Board as Junior Engineers/Overseers over a period of time and were subsequently promoted to the post of Assistant Engineers. As noted, the petitioners before the learned Single Judge had retired on attaining the age of superannuation on different dates between 31/12/2000 to 31/1/2005, and insofar as appellants herein, except for appellant No.1 who retired on 31/7/2008, all others had retired prior to 31/1/2005. When this was the position, the Government of Bihar through the Finance Department notified on 25/6/2003, the Bihar State Employees Conditions of Service (Assured Career Progression Scheme) Rules 2003, ('ACP Scheme' for short). The same was introduced by the State of Bihar for its employees on 25/6/2003 but the scheme provided that it shall come into force w.e.f 9/8/1999. The notification had specified that the scheme shall not be applicable to the teachers of Nationalised Schools and employees of the public undertakings or autonomous institutions, assisted partially or fully, by the State Government. Thus, the scheme, by itself was not applicable to the respondent No.1 - Electricity Board until they chose to adapt the same. It is in that view, the respondent No.1 - Electricity Board through the notification dtd. 5/4/2005 adapted the ACP Scheme of 2003. Subsequent thereto, a notification dtd. 7/10/2005 was issued, notifying that the said ACP Scheme of 2003 would be applicable only for the staff appointed after the issuance of the earlier notification dtd. 5/4/2005. This was with a view to clarify that the scheme though adapted was not w.e.f 9/8/1999 as was in the case of Government employees.