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PETITIONER: STATE OF ORISSA & ORS. ETC.

       Vs.

RESPONDENT: NIRANJAN NAYAK & ANR. ETC.

DATE OF JUDGMENT:       21/04/1997

BENCH: K. RAMASWAMY, D.P. WADHWA

ACT:

HEADNOTE:

JUDGMENT: Present:               Hon’ble Mr. Justice K. Ramaswamy               Hon’ble Mr. Justice D.P. Wadhwa Jana Kalyan  Das, And  S. Misra,  Adv. for (P.N. Misra) Adv. for the appellants A. Mariarputham,  Mohan Kr.  Mohanty, Ms.  eAruna Mathur and Jaya Salva, Advs. for the Respondents.                          O R D E R The following Order of the Court was delivered:                             WITH CIVIL APPEAL NOS. 3180 - 3201 OF 1997 (Arising out  of SLP  (C) Nos.18921,  21506, 21516/96, 3839, 4560, 5216,  5868, 7924, 7926-28, 8456-57, 8461-67, 8774 and 9775/97)                          O R D E R      Leave granted.      We have heard learned counsel on both sides.      These appeals  by special leave arise from the judgment of the  Orissa High  Court, made on April 19, 1995 in O.J.C. No. 1196 of 1994 and batch.      The Government  has prescribed April 1, 1981 as the cut off date  for acquisition of the qualification and those who have acquired  the qualifications  prior to  that  date  are entitled to  the additional  amounts as prescribed under the Rules. The High Court has allowed the writ petitions without reference to  the relevant Rules. It is settled law that the cut  off   date  has   to  be  valid  and  bears  reasonable relationship to the object sought to be achieved.      It is  stated that the teachers are relying upon Rule 9 of the  1974  Rules.  We  are  informed  that  several  writ petitions are pending in the High Court on the basis of Rule 9. In that view of this matter, it may be desirable that all these matters be decided by the High Court.      Taking an  over all  view of all the facts, the appeals are allowed. The judgment of the High Court stand set aside. The High  Court is at liberty to consider the matter afresh. Learned counsel  for the respondents states that orders were implemented  subject   to  the   result   of   the   appeals Implementation of the order does not stand on the way of the High Court to have the matter examined. No costs.

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