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PETITIONER: STATE OF MADHYA PRADESH & ANR.

       Vs.

RESPONDENT: SHAKRI KHAN

DATE OF JUDGMENT:       19/04/1996

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

CITATION:  JT 1996 (5)   112        1996 SCALE  (4)446

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Leave granted.      We have learned counsel on both sides.      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. The  admitted facts are  that the  respondent was appointed prior to 1973. The Government  had introduced  the scheme  of  granted  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.      It is  contented that  the said  order is  not insisted upon with  regard to  those candidates  who passed  the test after July 30, 1973. It is made clear by the respondent that the Government  have issued  orders for  recruitment of LDCs with the  qualification of passing the typewriting test with effect from  that date.  Therefore, they did not insist upon passing the test for advance increments nor such an employee is granted  any advance  increment. It  is then contended by

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the counsel  for the  respondent that  though those who were appointed after  that date  were not  given incentive of two advance increments,  by necessary implication those who were appointed earlier  are entitled to two advance increments as incentive. We  do not  appreciate the  contention  as  well- founded. Since  the Government  have  taken  a  decision  to appoint the  candidates with  typewriting examination  as  a qualification, the need to give additional increments to new appointees, after  the appointment, does not arise. It would arise only  in the  case of  candidates who  were  appointed prior  to   the  introduction   of  typewriting  test  as  a qualification which  was not prescribed earlier but who were given time  for passing  the  test.  The  cut-off  date  was accordingly  fixed   as  the  test.  The  cut-off  date  was accordingly fixed as July 20, 1973 and those passed the test prior to  that date  alone were made entitled to two advance increments and  those who passed the test thereafter are not entitled to the said benefit.      Though this  declaration has  been given,  since we are informed that  the State  has not filed appeals against same orders passed by the Tribunal in similar cases, the payments made to the respondent is directed not to be recovered. This law will be applicable to all pending cases or any candidate who approaches the court hereafter.      The appeal is disposed of in the above terms. No costs.