Supreme Court of IndiaState Of M.P. & Anr vs Badrinarayan Acharya Etc. Etc on 22 July, 1996Equivalent citations: 1996 SCALE (5)777, AIR 1996 SUPREME COURT 2779, 1996 AIR SCW 3486, 1996 LAB. I. C. 2447, (1996) 3 SERVLJ 105, (1996) 2 IJR 765 (SC), 1996 (2) IJR 765, 1996 (10) SCC 271, (1996) 5 SERVLR 655, (1996) 2 LABLJ 934, (1997) 1 SCT 355, 1996 SCC (L&S) 1497Author:K. RamaswamyBench:K. RamaswamyPETITIONER:
STATE OF M.P. & ANR.

	Vs.

RESPONDENT:
BADRINARAYAN ACHARYA ETC. ETC.

DATE OF JUDGMENT:	22/07/1996

BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)

CITATION:
 1996 SCALE  (5)777


ACT:



HEADNOTE:



JUDGMENT:CIVIL APPEAL NOS. 9904, 9899-9903 AND 9896-98 OF 1996
 (Arising out of SLP(C) Nos. 9025, 9020, 9021, 9022, 9023,
		    9024 & 11235-37/94)
			 O R D E R
     Delay condoned.Leave granted.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 T.A. Nos.3536/83 & batch on
October	 23,   1993.  The   admitted  facts   are  that	 the
respondents, while  in service	as Assistant  Teachers, were
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 but on October
20, 1964 that candidates may go at their own cost or deputed
by Court  and that  the Government  had decided. Such of the
employees who had gone on training at Government expenses to
improve their  qualification were  held ineligible  for	 two
advance increments  and who  had gone at their own expenses,
were made  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 taken decision on the said date to allow the benefit of
option to  the candidates  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 half	 taken the  decision, the given cut-off date
is perfectly  valid in	law and no fault can he found. It is
then contended	that  since  the  respondents  had  gone  on
training to  improve they  qualifications, they are eligible
for two advance increments.It is seen that the order is explicit as under:"As per  Finance Department's  Memo
     No.   16333-CR-1892-I   VRI   dated
     22.10.64 the advance increments are
     to	 be   allowed  only   to   those
     government	  servants    who   have
     received  training	  et  their  own
     costs   and   Government	servants
     deputed for  training at Government
     expenses  are   excluded  from  the
     grant of  advance increments. These
     orders   have    not   been   given
     retrospective effect  but they come
     into force	 from the  date of issue
     of orders.	 Accordingly anyone  who
     proceeded for training upto 22.10.4
     whether   at   his	  cost	 or   at
     government cost,  will be	eligible
     to	 the   concession.   Those   who
     proceeded on  training on	or after
     23.10.64  can  get	 the  concession
     only if  the training is at his own
     cost and  not at  the cost	 of  the
     government."A reading	thereof would  clearly indicate that such of
those in  service who  had gone on training to improve their
qualifications at  the Government  expenses,  would  not  be
eligible for two advance increments while those who had gone
on training at their own expenses, would be eligible for two
advance increments within the stipulated period mentioned in
the order.  It would be obvious that they had the benefit of
pay and	 expenses. Consequently,  they were  denied  advance
increments. Under these circumstances, we hold that the view
of the Tribunal is clearly unsustainable in law.The  appeals   are	 accordingly  allowed.	T.As.  stand
dismissed. No costs.