NAND LAL Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) - These petitions have been filed for declaring the provisions of Rule 14 (1) (i) of the Rajasthan Civil Service (Revised Pay Scales) Rules, 1987, in so far as it prescribed 1.9.1986 as cut -off date for the purpose of grant of advance increment, ultra vires and for quashing the order dated 7.3.89 (Annexure 7) issuing the clarification for revision of pay scale, and all consequential orders (Annexures 12 to 27).

(2.) THE facts and circumstances giving rise to these cases are that the Union of India had issued directions to the Stats to create employment opportunities for the youth and in pursuance of the same, respondents issued an Advertisement dated 3.5.75 as part of Employment Promotion Programme (Annexure 1) and invited applications for training/apprenticeship on the post of Lower Division Clerks. Petitioners were selected for training vide letter dated 6.2.1976 (Annexure 2). During training, petitioners were asked to furnish bonds purporting to be under the Apprenticeship Act,1961, for payment of damages in case the training was abandoned before completion. After completion of the training, they were offered appointment by the Rajasthan State Electricity Board (hereinafter called the Board) vide letter dated 10.12.76 (Annexure 4) with retrospective effect, i.e. the date on which an individual completed six months'training.

(3.) THE issue has been considered by the Hon'ble Supreme Court time and again in a large number of case and some of which are Jaila Singh & Anr. vs. State of Rajasthan & Ors. (1); D.S. Nakara and others vs. Union of India (2); Dr. (Mrs.) Sushma Sharma & Ors. vs. State of Rajasthan and others (3); U.P.M.T.S.N.A. Samiti Varanasi vs. State of Uttar Pradesh and Ors. (4); Krishena Kumar vs. Union of India Anr. (5); All India Reserve Bank Retired Officers Association vs. Union of India & Anr. (6); State of Rajasthan vs. Rajasthan Pensioner Samaj. (7); T.S. Thiruvengadam vs. Secretary to the Government of India (8); Union of India vs. Sudhir Kumar Jaiswals (9); University Grants Commission vs. Sadhana Chaudhary & Ors. (10); State of Rajasthan & Anr. vs. Amrit Lal Gandhi & Ors. (11); Rabindranath Mukhopadhyay vs. Coal India Ltd. & Anr. (12); State of Haryana vs. Rai Chand Jain & Ors. (13); Union of India & Ors. vs. Lieut. (Mrs.) E. Iacats (14); State of Rajasthan vs. Hitendra Kumar Bhatt (15); Dr. Ami Lal Bhat vs. State of Rajasthan & Ors. (16); M.C. Dhingra vs. Union of India & Ors. (17); Chairmain, Railway Board & Ors. vs. C.R. Rangadhamaiah & Ors. (18); J & K Public Service Commission etc.vs. Dr. Narinder Mohan & Ors. (19); and Union of India and others vs. M. Bhaskar & Ors. (20).