STATE OF MADHYA PRADESH Vs. SHAKRI KHAN

JUDGEMENT

(1.) Leave granted.

(2.) We have heard learned counsel on both sides.

(3.) This appeal by special leave arises from the order dated January 21, 1994 of the Madhya Pradesh Administrative Tribunal, Gwalior Bench in O.A. No. 323/93 and 173/93. The admitted facts are that the respondent was appointed prior to 1973. The Government had introduced the scheme of granting two advance increments for the Lower Division Clerks who passed the Hindi Typewriting test. They prescribed the last date for passing the test as July 30, 1973 and those who passed the Hindi typewriting test prior to that date was declared eligible to get two advance increments. Since the respondent could not pass the test within that period but passed the said test in December, 1979, he filed the O.A. claiming the said benefit on the basis of certain instructions issued from time to time, viz. dated April 20, 1974, January 15, 1979 etc. which are marked as Annexure R-3 to the paper book. On that basis, it was contended that he is also entitled to the benefit of two advance increments. On principle, we agreed with the State that the Government having had the power to extend the benefit it also has the power to put a cut-off date. Consequently, the cut-off date, viz., July 30, 1973, for passing the test is a proper classification. All those who did not pass the test prior to that date, but appointed earlier to that date are not eligible to two advance increments on their passing the said test after the cut-off date.