Regulation 116 of the Safety Regulations permits deviation from the qualifications prescribed in the Safety Regulations, and the State Government has the power to allow such deviation. However, the extension of the continuity to employees appointed after 31.10.2013 was found to be unreasonable.

JUDGMENT :

L. NAGESWARA RAO, J.

Leave granted.

1. Writ Petition (Civil) No. 6723/2019 (M) was filed in the High Court of Kerala for a declaration that Regulation 116 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 (for short “the Safety Regulations’) is ultra vires the regulation making power of the Central Electricity Authority under the Electricity Act, 2003 (for short “the Electricity Act”) and, therefore, void. The Petitioner-therein also sought for a declaration that the State of Kerala has no power to allow deviation under sub-regulation (1) of Regulation 116 in respect of qualifications prescribed in Regulations 6 and 7 of the Safety Regulations. A further relief of declaration that the Order dated 13.02.2019 issued by the State of Kerala as arbitrary, illegal, unreasonable and without jurisdiction was sought in the Writ Petition. To the extent that it permits the State Government to make deviations, Regulation 116 was declared to be beyond the power conferred on the Central Electricity Authority under the Electricity Act by a learned Single Judge of the High Court of Kerala. The order dated 13.02.2019 by which exemption from acquiring qualification was granted to erstwhile employees was held to be unsustainable. The Kerala State Electricity Board Limited (KSEBL) was directed to make promotions strictly in accordance with the provisions contained in Regulations 6 and 7 of the Safety Regulations. KSEBL, Respondent No.2 in Civil Appeal arising out of Special Leave Petition (Civil) No. 9564-9566/2020 had challenged the judgment of the learned Single Judge of the High Court by filing an appeal.

2. The Division Bench formulated the following points for consideration :-

“1. Is Regulation 116 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010, ultra vires the authority and powers conferred on the Central Electricity Authority on account of the Statutory Provisions in the Electricity Act, 2003 and on account of impermissible delegation or on account of being manifestly arbitrary?

2. Can the provisions of a scheme framed under Section 131 r/w Section 133(2) of the Electricity Act, 2003 offer any protection to officers/employees who do not possess the qualifications required in terms of the Safety Regulations?

3. If the answer to the first issue is in the negative, whether the order issued by the Government of Kerala on 13-02-2019 suffer from the vice of non-application of mind or is otherwise arbitrary, unreasonable or irrational?”

3. The Division Bench of the High Court held that the Regulation 116 of the Safety Regulations is neither ultra vires the Electricity Act nor manifestly arbitrary and that it is well in line with the objects and purpose of the enactment. It held that the framing of Regulation 116 is not ultra vires the provisions of the Electricity Act, 2003 and is not beyond the scope of the rule making power of the Central Electricity Authority. Referring to Section 133(2) of the Electricity Act, the High Court was of the opinion that the exemption from the applicability of Regulation 6 & 7 of the Safety Regulations by the order dated 13.02.2019 can be granted only in favour of persons who were employed with the KSEBL on the date of the formulation of the transfer scheme and such of those employees who have joined service after 31.10.2013 were not entitled to such an exemption. For this reason, the Government Order dated 13.02.2019 was partly set aside by the Division Bench to the extent that it granted exemption to the employees/officers who entered service after 31.10.2013.

4. Mr. V. Chitambaresh, learned Senior Counsel appearing on behalf of the Appellants in Civil Appeal arising out of Special Leave Petition (Civil) Nos. 9564-9566/2020 submitted that Regulations 6 and 7 of the Safety Regulations prescribe qualifications for engineers, supervisors and technicians, etc. He submitted that the Division Bench of the