VidhiSangh

Supreme Court of India · 16/09/2019

STATE OF ODISHA & ANOTHER versus ANUP KUMAR SENAPATI & ANOTHER

[2019] 12 S.C.R. 472 · 2019 INSC 1034

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Summary

Employees sought salary grant-in-aid under the 1994 Odisha scheme after its replacement by a block-grant scheme. The Court held that qualifying service and appointments did not themselves create an accrued right: aid depended on timely applications, statutory conditions, scrutiny and the State’s annual financial capacity. The saving clause protected existing sanctioned aid, not fresh claims under the repealed scheme. The State’s appeals were allowed and the employees’ appeals dismissed.

Issues

  1. Whether eligibility under the 1994 scheme created an accrued right surviving repeal.
  2. Whether delayed claims or parity with earlier favourable orders entitled employees to salary grant-in-aid.

Provisions considered

Held

Result

The State’s appeals were allowed and the employees’ appeals dismissed. The contrary Tribunal and High Court orders were set aside; the decisions in Loknath Behera and Manas Purohit were upheld for the reasons stated. Parties were directed to bear their own costs.

Judgment PDF: Supreme Court of India, [2019] 12 S.C.R. 472.