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Supreme Court of India 2022-08-23 dismissed

Md. Islam & Ors vs The Bihar State Electricity Board & Ors

Bench: 2 — DR. D.Y. Chandrachud, A.S. Bopanna

In Brief

Retired employees of Bihar State Electricity Board sought benefits under an Assured Career Progression Scheme from its original government notification date (1999), arguing retrospective application. The Board had adapted the scheme only in 2005 with prospective effect, declining to grant retroactive benefits. The Supreme Court upheld the dismissal of their writ petitions, holding that statutory boards have discretion in adapting government schemes and choosing their effective dates. Judicial review of such dates arises only on grounds of mala fides or ulterior motive. Since the Board applied the scheme prospectively from adaptation and employees had already retired, no vested right to retroactive benefits existed.

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Constitutional Law Administrative Law Judicial Review Statutory Benefits Cut-off Dates Public Undertakings

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