P.S.KAILASAM. J.

(1) THIS appeal is by the Karnataka Electricity Board by its secretary by special leave granted by this court against the judgment of the Karnataka High court allowing the writ petition filed by the respondent and issuing a writ of mandamus to the appellant to consider the case of the respondent for promotion as an Accounts Superintendent as on 30/12/1966, and to promote him to that post with effect from that date.

(2) THE respondent was serving as an Accountant, Grade II, in the Electricity Department of the former State of Hyderabad. On the reorganisation of the States in pursuance of the States Reorganisation Act, 1956, he was allotted to the new State of Mysore (now Karnataka) with effect from 1/11/1956. The post which he held came to be equated with that of I Division Clerk m the former State of Mysore. On 1/10/1957, the Mysore State Electricity Board, now Kamataka State Electricity Board, was constituted under the Indian Electricity (Supply) Act. An option was given to the respondent to continue in the government service or to opt to the Board. On 1/10/1957, the respondent opted to the service under the Board and ceased to be an employee of the government with effect from that date.

(3) IN the year 1960 the Board framed Recruitment and Promotions Regulations in the exercise of its powers conferred on it under S. 79(c) of the Act. The Regulations were subsequently amended on 16/12/1966. The amended Rules prescribed that the posts of Accounts Superintendents were to be filled by promotion of I Division Clerks on the basis of seniority-cum-merit on their having passed Part I and Part II of the S.A.S. examination.

(4) ON 30/12/1966, some persons junior to the respondent were promoted on their having passed the S. A. S. examination while promotion was denied to the respondent as he had not passed the examination. The respondent made several representations, one such representation being on December 24, 1970. On 21/11/1972, the respondents representations were rejected. The respondent thereafter filed a writ petition before the High court on 13/02/1973. The learned Single Judge who heard the petition dismissed it and the respondent preferred an appeal to a bench of the Kamataka High court. On behalf of the appellant Karnataka Electricity Board, it was contended betore the court that the writ petition ought to be dismissed on the ground of mordinate delay and laches on the part of the respondent and also on the ground that in view of the later Resolution of the Board dated 5/01/1970, it was no longer open to the respondent to rely on the Resolution dated 19/05/1969. The bench of the Kamataka High court held that the writ petition cannot be thrown out on the ground of delay. On a consideration of the two Resolutions of the Board, namely that of 19/05/1969 and 5/01/1970, it found that the respondent as an allottee was exempted from complying with the requirements of passing the examination and therefore allowed the writ petition.

(5) WE do not see any ground for not accepting the view of the High court that in the circumstances of the case the relief to the respondent should not be denied on the ground of delay and laches.

(6) THE only ground therefore on which the order of the High court was challenged by the appellant is that the court was in error in construing the relevant provisions of the Regulations and the Resolutions and holding that the respondent is exempted from passing the S.A.S. examination before qualifying for the promotion. Before referring to the two Resolutions the relevant provisions of the law and Regulations made thereunder may be referred to. The Electricity (Supply) Act, 1948, by S. 79 empowers the Board to make Regulations not inconsistent with the Act and the rules made thereunder to provide tor all or any of the matters referred to in clauses (a) to (k) of the section. Sub-clause (c) empowers the Board to make Regulations regardin