IMPORTANT POINT
Only because by reason of ‘fortuitous’ circumstances an employee who is junior to another obtains some benefit to which he is ultimately not found to be entitled to, the same by itself may not be a ground to confer the same benefit upon the senior employee.

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 continued to work in the general establishment.

4. It is also not in dispute that by reason of their postings in the Board Secretariat Service the said S.G.Rajappan and L.Radhadevi were promoted as Senior Superintendent on or about 31.7.1979 and 17.3.1977 respectively, whereas the first respondent was promoted to the post of Junior Superintendent on 9.11.1979; in the post of Superintendent on 1.8.1986 and on the post of Senior Superintendent on 14.7.1987.

5. It is also not in dispute that in the Board Secretariat Service,there was no post of Senior Supreintendent. Whereas S.G.Rajappan was promoted to the post of Assistant Accounts Officer on 21.1.1984 and L.Radhadevi was promoted to the post of Assistant Accounts Officer on 3.3.1983, the first respondent was promoted as Assistant Accounts Officer on 23.12.1992 only. We may also notice that S.G.Rajappan was appointed to the post of Accounts Officer on 1.9.1990 and L.Radhadevi was appointed to the said post on 1.9.1990,whereasS.G.Rajappan was appointed as Senior Accounts Officer on 4.8.1993, L. Radhadevi was appointed in the said post on 17.12.1992 on the other hand the first respondent was promoted to the post of Accounts Officer on 19.1.1995 and superannuated from service on 31.5.1996, L.Radhadevi and S.G.Rajappan superannuated with effect from 31.7.1993 and 31.5.1996 respectively.

6. Indisputably, the employees of the Board were governed by the Rules known as Kerala State Electrcity Board(integration of Board Secretariat Establishment and General Establishment) Regulations, 1981 framed under Section 79-C of the Electricity (Supply) Act, 1948. Regulation 5(c) as it stood in the year 1981 reads thus:

“5(c) Subject of clause(f) relative seniority of persons drawn from the Secretariat Establishment and General Establishment including Accounts Wing and holding equated posts shall be determined on the basis of their length of service in the cadre/category concerned at the time of integration.”

7. However, the same caused heart burning amongst a section of the employees. Representations were filed in regard thereto and ultimately the Board took a decision to amend the aforesaid clause(c). On or about 7.11.1985, an amendment was carried into effect as a result whereof the said amended regulation read as under:

“The relative seniority of persons drawn from the Secretariat establishment and the General Establishment including the Accounts wing shall be determined based on their ranking in the Advice list of the Kerela Public Service Commission or the Board as the case may be at the time of initial recruitment by the Kerala Public Service Commission or the Board to the respective establishment under the Board subject to the application of rules regarding obligatory departmental tests”.

8. Validity of the said am