( 1 ) ALL the petitioners, except Petitioner No. 4 (sic. 14) are currently working as Typists in the Northern Power Distribution Company of andhra Pradesh Limited (A. P. N. P. D. C. L ). All the petitioners were appointed as Typists on various dates in March, 1991 and as such completed their probation of two years after their date of entry into service. Independent of their dates of entry, their inter se seniority was fixed on the basis of their ranking they respectively secured at the time of the selection pursuant to which, they were appointed as Typists. There is no dispute, among the petitioners as to their inter se seniority positions.

( 2 ) RESPONDENTS 4 to 8 applied for appointment as Lower Division Clerks and on selection, were required to undergo three months training prior to appointment to the post. They had successfully undergone the three months period of training and were appointed as Lower Division Clerks on 11-5-1991, 4-5-1991, 5-5-1991, 5-5-1991 and 4-5-1991 respectively. (Vide Col. 5, serial Nos. 244, 245, 254, 261 and 262 of the provisional seniority list of L. D. C. /l. D. C. (R. C), dated 30-6-1993 ).

( 3 ) THE fourteenth (14th) petitioner after initial appointment as Typist was converted as a Lower Division Clerk and he currently belongs to the category of Lower Division clerks, as do respondents 4 to 8.

( 4 ) IT is the synoptic case of the parties that the categories of Typists and Lower division Clerks are eligible for consideration for promotion as Upper Division Clerks. According to the service regulations in a unit of four vacancies (of Upper Division Clerks) the third and fourth vacancy are to be filled up by promotion from among the Lower division Clerks, Typists and Steno-Typists. It is also the admitted position that appointments to the posts of Upper Division clerks from the categories inter alia of Lower division Clerks and Typists by the method of promotion is to be on the basis of seniority.

( 5 ) SINCE Typists and Lower Division clerks belong to different categories of service, who are both eligible for promotion to the third and fourth vacancy of Upper division Clerks in a unit of four vacancies, it is axiomatic that the Andhra Pradesh northern Power Distribution Company limited- the 2nd respondent is required to prepare an integrated seniority list of Typists and Lower Division Clerks for considering promotions to the category of Upper Division clerks. In any such integration process, it is not in dispute that the inter se seniority while preparing such integrated seniority list should be based on the dates of entry into service.

( 6 ) THE second respondent company has inherited some of the powers, responsibilities, functions and staff from the erstwhile Andhra Pradesh State Electricity board. It is stated by the learned counsel of the first respondent, that second respondent came into being some time in the year 2001. It is admitted by the respondents that no independent regulations have been framed by the respondents and that they are following the regulations framed by the erstwhile Andhra Predesh State Electricity board. The conditions of service of the employees of the second respondent are admittedly governed by the Andhra Pradesh state Electricity Board Service Regulations (the Regulations ). Regulation 26 occurring in part -II of the Regulations sets out the principles governing seniority. To the extent relevant and material for the purposes of this lis, Regulation 26 reads as under: 26. Seniority: (a) The seniority of a person in a class of service, category or grade shall unless he has been reduced to a lower rank as a punishment, be determined by the rank obtained by him in the list of approved candidates drawn up by the Board or other appointing authority as the case may. Provided that where no ranking has been fixed in respect of any person in a service, class, category or grade, the seniority of such candidate shall be determined by the date of his first appo