Punjab State Electricity Board Vs. V.N. Sharma  INSC 449 (5 September 1994)
K. Ramaswamy, K. Venkatachala N. (J)
1995 SCC Supl. (1) 20 1994 SCALE (4)605
only question that arises for consideration in this appeal is whether the
respondent is entitled to two advance increments which were granted by the +
From the Judgment and Order dated 31-1-1994 of the Punjab and Haryana High
Court in C.W.P. No. 3081 of 1993 21 High Court in Civil WP No. 3081 of 1993
appellant made statutory regulations titled the Punjab State Electricity Board
(Revised Pay) Regulations, 1988 which have come into force on 1-1-1986. As Rule 3 of the Regulations which says that in
these regulations, unless anything repugnant in the subject or context, the
regulations have the overriding effect. Under Regulation 8 it is provided
fixation of the pay on promotion thus:
anything contained in these regulations, in case of promotion to a higher post effected
after the date of publication of this order, the benefit of minimum two
increments shall be given while fixing the pay in the scale of the higher post.
The next increment in the scale of the higher post shall be allowed after the
completion of twelve months' qualifying service in that scale under the rules.
regulations are prospective in operation and those who have been qualified and
promoted after the regulations have come into force alone are entitled to two
advance increments and not those who have been promoted earlier to the date the
regulations have come into force. The non-obstante clause and also Regulation 3
clearly postulate that if there is any inconsistency, then the regulation shall
prevail over any other rules. In this statutory background the High Court is
clearly in error in allowing the benefits to the respondent.
however since respondent had already retired from service we decline to
interfere with the order passed by the High Court. The civil appeal is
accordingly disposed of.