Analysis of ACP Scheme Adaptation by Electricity Board

The Court’s thorough legal analysis in a recent case sheds light on the adaptation of the ACP Scheme by the Electricity Board. Examining the crucial notifications and timelines, the Court’s insights provide clarity on the applicability of the Scheme for employees and the autonomy of the Board in determining such matters. Stay tuned to unravel the legal intricacies surrounding this critical issue.

Facts

Notification dated 07.10.2005 clarified that the ACP Scheme of 2003 would be applicable only for staff appointed after 05.04.2005.
The scheme was not applicable to teachers of Nationalised Schools, employees of public undertakings, or autonomous institutions assisted by the State Government.
Respondent No.1 – Electricity Board adapted the ACP Scheme of 2003 through a notification dated 05.04.2005.
Appellants No.10 and 11 are the spouses of deceased employees, and others retired between 31.12.2000 to 31.01.2005.
Relief was sought by quashing resolution no.8165 dated 22.09.2005 and the notification dated 07.10.2005 by the Electricity Board.
Appellants were appointed as Junior Engineers/Overseers and subsequently promoted to Assistant Engineers in the Electricity Board.
The learned Single Judge dismissed the writ petition considering the adaptation of the ACP Scheme from 05.04.2005 onwards.
The appellants did not challenge the notification issued by respondent No.1-Electricity Board until after their retirement and even long after.
The Division Bench of the High Court considered this fact along with other aspects and upheld the order of the Single Judge.
The appellants, dissatisfied with the High Court’s decision, have now approached this Court through this appeal.
The Division Bench’s judgment dismissed the appeal and upheld the earlier judgment of the Single Judge.
Both the Single Judge and the Division Bench noted that the ACP Scheme of 2003 was not implemented by the Electricity Board until the notification of 05.04.2005 was issued.

Also Read: Supreme Court Upholds Rejection of Plaint Under Order VII Rule 11 of CPC: A Critical Analysis

Arguments

Appellants challenged the conclusion regarding the ACP Scheme of 2003 by relying on a notification dated 23.03.2006 issued by the Government of Bihar.
The notification clarified that financial progressions granted under previous schemes would not be treated as double benefits under the ACP Scheme.
The contention was supported by the decision in Union of India vs S. Dharmalingam (1994) 1 SCC 179.
The Court noted that the issue of previous benefits becoming a bar for subsequent entitlement would only be relevant if the ACP Scheme of 2003 is found to be applicable to the employees of respondent No.1 from 09.08.1999.

Also Read: Validity of Debt and Enforcement of Section 138 NI Act

Analysis

The notification dated 07.10.2005 indicates that the ACP Scheme of 2003 was adapted prospectively for staff appointed after 05.04.2005.
Appellant No.1 was in service until 31.07.2008, and the other appellants had already retired by the time of the notification in question.
The Bihar State Electricity Board had the autonomy to adapt service regulations, separate from those of the State Government.
High Court judgments of 09.01.2008 and 18.12.2008 examined the issues comprehensively and were in accordance with the law.
Notifications of 05.04.2005 and 07.10.2005 were crucial in determining the applicability of the ACP Scheme for the employees.
The Board had the discretion to decide on the applicability date of the Scheme for its employees.
Amended Rules in 2006 and a modified ACP Scheme in 2010 further impacted the applicability for the employees.
The notification of 25.06.2003 from the State of Bihar did not automatically extend benefits to employees of the Electricity Board.
The choice of the date for the applicability of the Scheme would not warrant judicial review unless shown to be mala fide.
Appellants cannot insist on retroactive application of the Scheme based on the State Government’s timeline.
The service conditions shall be extended to all regular employees of Group ‘B’, ‘C’, and ‘D’ of the State Government of Bihar.
Special order of the state government may make it applicable to holders of isolated posts of Group ‘A’.
The provisions shall not apply to teachers of nationalized schools, employees of Public Undertakings, or autonomous institutions assisted by the State Government.