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1996 Supreme(SC) 1107

B.L.HANSARIA, S.C.AGRAWAL
Kerala State Electricity Board – Appellant
Versus
N. Sukesen – Respondent


JUDGMENT

Hansaria, J.-Kerala State Electricity Board, hereinafter the Board , had one common establishment prior to 1964. A need having been felt to have a separate and distinct establishment, named as secretariat establishment, the same came to be formed with effect from 1.4.1964, vide order of the Board dated 31.3.1964. With a view to ensure smooth functioning of the Secretariat Service so formed, the Board, in exercise of power conferred by Section 79(c)(k) of the Electricity (Supply) Act, made certain regulations which, inter alia, laid down the principle of inter-se seniority in its clause VII reading as below :

"VII. The inter se seniority of all categories of persons so appointed initially to the Secretariat will be determined and finalised with reference to the relative general seniority they held in the parent department and their services in the parent department will count for all purposes in the Secretariat Service also."

2. It was, however, felt that the separate service was not conducive to the smooth and efficient discharge of the administrative functions of the Board: and so, by order dated 14.1.1981 the separate and independent status of the Secretariat Service was b













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