1997 INSC 0496
                                             State of Orissa and Others

                                                           Vs

                                           Niranjan Nayak and Another

                                         Civil Appeals No. 3179 of 1997

                                       (K. Ramaswamy, D. P. Wadhwa JJ)

                                                      21.04.1997

                                                        ORDER

1. Leave granted.

2. We have heard the learned counsel on both sides.

3. These appeals by special leave arise from the judgment of the Orissa High Court, made on 19-4-
1995 in OJC No. 1196 of 1994 and batch.

4. The Government has prescribed 1-4-1981 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.

5. 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.

6. Taking an overall view of all the facts, the appeals are allowed. The judgment of the High Court
stands set aside. The High Court is at liberty to consider the matter afresh. The learned counsel for
the respondents states that orders were implemented subject to the result of the appeals.
Implementation of the order does not stand in the way of the High Court to have the matters
examined. No costs.