COMMON JUDGMENT:

V. ESWARAIAH

Heard Mr. N. Subba Reddy, learned senior counsel for Mr Chandraiah Sunkara, Mr. M Venkata Ram Reddy, Mr. Peeta Raman, Mr. D.L. Pandu, Mr K.V.N.Bhupal, Mr D.Balkishan Rao, Mr V.Venkata Mayur and Mr R.Rajesh Netha for the writ petitioners and Mr A.K.Jayaprakash and Mr S Ravindranath for appeallants in writ appeals and the learned Advocate General appearing for the Government, A.P.Transco and four distribution companies and Mr.G.Vidyasagar, learned counsel.

A simple issue has been complicated at various levels by various authorities, consequential of which, the present batch of writ petitions and writ appeals are filed.

The Indian Electricity Act, 1910 created the basic frame work for electricity supply industry in India and thereafter Electricity Supply Act, 1948 mandated the creation of the State Electricity Boards. The State Electricity Board has a responsibility of arranging the supply of electricity in the State. Thereafter Electricity Act, 2003 came into force and with subsequent amendments consolidating the law relating to generation, transmission, distribution, trading and use of electricity in India.

The erstwhile Andhra Pradesh State Electricity Board (for short APSEB) issued regulations in exercise of power conferred under Section 79 (c) and (k) of the Electricity (Supply) Act, 1948, whereunder the APSEB has got power to make regulations by issuance of a notification in the official gazette relating to the “duties of officers and other employees of the Board and their salaries, allowances and other conditions of service” and “any other matter arising out of the Board’s functions under this Act for which it is necessary or expedient to make regulations.’ Under Section 79 (c) and (k) of the Electricity Supply Act, 1948, the APSEB has framed service regulations called A.P. State Electricity Board Employees Service Regulations – Part –I, Part-II and Part –III and the same are published in the year 1968 and 1970 and came into force from the date of publication.

Under Service Regulation 3 (d) of Part I,

“The Board may absorb a person appointed on contract basis into the Board corresponding cadres in the Board’s service on a permanent basis. Such persons may, in the discretion of the Board, be given credit for the full period of their contract service or part there of and thereupon such service shall be taken into account for all purposes, including seniority, probation, leave and pension”.

Under Service Regulation 6 of Part I,

“The Board may adopt its own classification of service, re-arrange grades, re-fix responsibilities and prescribe minimum educational, technical and other qualifications as may be considered suitable for making selection and appointments to posts in each class of service”.

Under Service Regulation 7 of Part I, “ All employees joining the service of the Board shall be deemed to be new entrants into the service of the Board and their retention or otherwise in employment will depend on the result of the Board’s review of the staff requirements from time to time depending on the exigencies of works……..”.

The A.P. State Electricity board Employees Service Regulations Part II, apply to all employees of the APSEB including those employed under the contracts and on deputation from the Government, who draw their pay once a month in a time scale of pay.

There are various classes and categories within the class. The last grade is Class IV consisting of various categories from 1 to 14. But, the post of Junior Lineman (for short JLM) or Wireman or Helper etc, is not there in the Service Regulations.

Service Regulation 2, Part III deals with ‘method of recruitment’. Regulation 2 (ii) deals with method of recruitment of class IV employees, which is by direct recruitment by the appointing authority authorized by the APSEB in such a manner as may be ordered by the APSEB from time to time. The relevant portion reads as under;

“(ii). Selection for appointment by direct recru