Orissa & Ors Vs. Niranjan Nayak &
ANR  INSC 442 (21 April 1997)
RAMASWAMY, D.P. WADHWA
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:
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.
have heard learned counsel on both sides.
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
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.
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
that view of this matter, it may be desirable that all these matters be decided
by the High Court.
an over all view of all the facts, the appeals are allowed. The judgment of the
High Court stand set aside.
High Court is at liberty to consider the matter afresh.
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.