JUDGMENT

The following Order of the Court was delivered

1. We have heard learned counsel for the parties.

2. Leave granted.

3. This appeal by special leave is directed against the order passed by the Division Bench of the Madras High Court dated 20th April, 2006 whereby the Division Bench has affirmed the order passed by the learned Single Judge where the learned Single Judge has struck down Note 3 of the Tamil Nadu Electricity Board Service Regulation, 1967 (hereinafter referred to as the "Regulations") and directed that all the persons who were appointed Helpers may be considered for the post of Junior Assistant and other administrative posts.

4. Aggrieved against the said order of the Division Bench, the present Special Leave Petition has been filed.

5. For disposal of this appeal, it is necessary to refer a few facts :-

Petition No.3314 of 1993 was filed by the Tamil Nadu Electricity Board Thozhilalar Aykkiya Sangam, represented by its General Secretary praying that Note 3 of the Regulation may be declared as ultra vires being violative of Articles 14 and 16 of the Constitution.

6. The grievance of the Sangam was that the classification of candidates, holding I.T.I. Certificates and who have got National Trade Certificate/National Apprenticeship Certificate (NTC)/NAC) and recruited as Helpers in Regular Works Establishment (REW) as a distinct class is not based on any intelligible differentia, which has rational nexus to the objective of selection to the post of Junior Assistant/Assessors, etc. It is also their grievance that in view of the above mentioned Note 3, the members of their Association are debarred from applying for the post of Junior Assistant along with other similarly placed candidates, possessing lesser qualification.

7. It was also alleged by Electricity Board that the nature of work and channel of promotions to the Helpers in Regular Works Establishment is entirely different from that of Junior Assistant/Typist/Assessors. According to them, the Helpers are utilized for field work of technical nature and their channel of promotion is Wireman, Lineman, Foreman and Junior Engineer whereas, Junior Assistants are posted for clerical works in office in Administrative and Accounts Cadre and their channel of promotion is Assistant, Administrative/Accounts Supervisor and Assistant Administrative Officer/Assistant Accounts Officer.

8. Therefore, channels of promotions for these Helpers was in technical side. It was submitted that this was a policy decision taken by the Board in pursuance of the office order dated 23rd May, 1986 on recommendations of Government. Henceforth the post of Helper i.e. Fitter, Turner, Machinist etc. will be recruited out of the persons who possess N.T.C. or N.A.C. certificates awarded by the National Council for Training and Vocational Trade. Consequent to this resolution of the Board the T.N. Service Regulations were amended and Note 3 was inserted in those regulations. Therefore, after the insertion of Note 3 the criteria for selection for the post of Helper is that the incumbent should have the N.T.C. or N.A.C. certificate issued by the National Council for Training and Vocational Trade and it was also clearly stipulated in the resolution of the Board dated 23rd May, 1986 that "the candidates holding N.T.C./N.A.C. recruited as Helper shall not be eligible for internal selection to the post of Junior Assistant and Typist including Steno-Typists". This resolution of the Board was incorporated in the regulation in the same terms. Note 3 reads as under :- "National Trade Certificate/National Apprenticeship Certificate candidates recruited as Helpers shall not be eligible for internal selection to the post of Junior Assistants and Typists including Steno-Typists."

9. Therefore, this is a matter of policy decision taken by the Board that henceforth the persons holding N.T.C./N.A.C. appointed as Helpe