NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S).  9146-9148/2018 (ARISING FROM SLP(C) No(s).5285-5287/2016)

M.P. POORVA KSHETRA VIDYUT VITARAN CO. LTD. & ORS. APPELLANT(s)

                               VERSUS UMA SHANKAR DWIVEDI                                RESPONDENT(s)

J U D G M E N T

KURIAN, J.

Leave granted.

2. The moot question is whether the appellants are

bound to implement the recommendations of the Fifth

Pay  Commission  in  respect  of  the

respondent/employees.   According  to  the  learned

senior  counsel  appearing  for  the  appellants,  the

respondent  belongs  to  Rewa  Society,  where  the

recommendations of Fifth Pay Commission had not been

implemented and Appellant No.1 extended the benefit

to the employees coming from those societies, where

the  benefit  of  Fifth  Pay  Commission  had  been

implemented.  There cannot be any dispute that the

employees who have been absorbed shall be governed by

the terms of absorption.

3. Learned  senior  counsel  appearing  for  the

appellants invited our attention to the Notification

dated  27.04.2006,  wherein  it  has  been  specifically

1

mentioned  that  the  pay  revision  of  2001  of  the

appellant No.1 will not be applicable to employees of

Rural Electrification Cooperative Societies absorbed

in the service of Appellant No.1, to whom the pre-

revised pay scales were not applicable.  However, the

learned  counsel  appearing  for  the  respondent

submitted  that  despite  such  exclusion,  the  benefit

has been extended to the employees of the societies

where the pre-revised pay scales were not applicable.

4. We make it clear that in case Appellant No.1 has

extended the benefit of the pay revision Regulations

of 2001, despite the exclusion in the Notification

dated 27.04.2006, to those employees where the pre-

revised  pay  scales  had  not  been  applied,  the

respondent/employees  belonging  to  the  Rewa  Society

will not be discriminated.

5. As far as implementation of recommendations of

Sixth  and  Seventh  Pay  Commissions  are  concerned,

there cannot be any dispute.  The benefits will be

extended to the employees of the REC Societies with

effect from the date the benefits of the Sixth and

Seventh  Pay  Commissions  have  been  given  to  the

employees of Appellant No.1.  If there is any arrears

to be paid in this regard, the same shall be paid

within three months from today.

6. The impugned orders will stand clarified to the

above extent and the appeals are disposed of.

2

7. Pending  applications,  if  any,  shall  stand

disposed of.

8. There shall be no orders as to costs.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; SEPTEMBER 05, 2018.

3