ORDER

Leave granted.

(1) The Kerala State Electricity Board constituted and incorporated under the Electricity(Supply) Act, 1948 is before us aggrieved by and dissatisfied with a judgment and order dated 14.12.2005 passed by a Division Bench of the Kerala High Court in Writ Appeal No. 1622/2005 modifying the judgment and order dated 2.3.2005 passed by a learned Single Judge of the said Court in O.P. No.26092/1999 allowing the petition filed by the respondent No.1 herein.

2. Kerala State Electricity Board since its inception in the year 1957 was having two categories of services; (i) Ministerial Service and (ii) Executive Service.

3. On or about 1.4.1964, however, a separate services known as ‘Board Secretariat Service’ was constituted in terms whereof those employees who had been working were given a right of option with a lien to the parent wing to opt therefor. Indisputably, whereas the respondent No.1 was appointed as a Lower Division Clerk on 11.5.1962, L.Radhadevi was appointed on 28.1.1963 and S. G.Rajappan was appointed on 11.3.1968. It is not in controversy that whereas the said L.Radhadevi , S.G. Rajjappan opted for the Board Secretariat services, the first respondent co