STATE OF MADHYA PRADESH Vs. BADRINARAYAN ACHARYA

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) We have heard counsel on both sides. These appeals by special leave arise from the orders of the M.P.Admn. Tribunal, Indore Bench made in I.A/Nos. 3536/88 and Batch on October 23, 1993. The admitted facts are that the respondents, while in service as Assistant Teachers, where deputed at the Government expenses for obtaining higher qualification of graduation etc. and in some case, for B.Ed. degree. They were deputed in the year 1966 (sic) but on October 20,1964 that candidates may go at their own cost or deputed by Court and that the Government had decided (sic). Such of the employees who had gone on training at Government expenses to improve their qualifications, were held ineligible for two advance increments and who had gone at their own expenses, were eligible for two advance increments. It is not in dispute that the respondents had gone for training at the Government expenses to improve their qualifications. The Tribunal held that imposition of the cut-off date of October 22, 1964 is bad in law. We find that the view of the Tribunal is not correct. It is seen that the Government have take decision on the said date to allow the benefit of option to the candidate to go on training for improving their qualifications either at their own cost or at the expenses of the Government. Since on that date, the Government had taken the decision, the given cut-off date is perfectly valid in law and no fault can be found. It is then contended that since the respondents had gone on training to improve their qualifications, they are eligible for two advance increments.