The employer has the prerogative to amend or modify educational qualifications, and the protection of service rights for existing employees is limited to the post in which they are working.

1. The amendment to the educational qualification effected by the 1st respondent Board in proceedings dated 24.05.2014 is under challenge in this writ petition. Of course, communications issued by the 2nd respondent in letters dated 22.05.2015 and on 28.05.2015 are also questioned in this writ petition. However, direction is sought for to direct the respondents to consider the employees with minimum general educational qualification for appointment to the post of Junior Assistant/Administration and Junior Assistant/Accounts through internal selection.

2. The writ petitioner is Tamil Nadu Electricity Board Accounts and Executive Staff Union, and members of the writ petitioner's Union are employed in the category of Group-IV services of the Board. The grievances set out in this writ petition is that by virtue of the impugned amendment issued in respect of proceedings dated 24.05.2014, the prospects of the members of the writ petitioner's Union for further promotion in the post of Junior Assistant is barred. In other words, the members of the writ petitioner's Union are qualified for promotion to the post of Junior Assistant and their future prospectus are restricted on account of the transition of Higher qualification for appointment to the post of Junior Assistant through amendment issued by the respondent on 24.05.2014.

3. The learned Senior Counsel Shri. R. Krishnamoorthy appearing on behalf of the writ petitioner's Union raised a point that the members of the writ petitioner's Union are the existing employees working in Group-IV services and they are continuing in the same post for fairly a long time and therefore the only avenue for promotion left is to the post of Junior Assistant and thus their chances in this regard cannot be barred and the same will create frustration in the minds of the employees.

4. It is contended that promotion of atleast, from current level to one level above must be assured by the employers and more so the employer being a Board having large number of employees shall provide one avenue for promotion. Thus, the promotional avenue already in existence to the members of the petitioner's association is sought to be tampered with by the respondent by introducing new amendment by way of enhancing the educational qualification for appointment to the post of Junior Assistant.

5. The learned Senior Counsel is of the opinion that there is an assurance provided under the Electricity Act 2003. More specifically under Section 133, which states that

“(1) The State Government may, by a transfer scheme, provide for the transfer of the officers and employees to the transferee on the vesting of properties, rights and liabilities in such transferee as provided under Section 131.

(2) Upon such transfer under the transfer scheme, the personnel shall hold office or service under the transferee on such terms and conditions as may be determined in accordance with the transfer scheme:

PROVIDED that such terms and conditions on the transfer shall not in any way be less favourable than those which would have been applicable to them if there had been no such transfer under the transfer scheme.”

6. Relying on the above provision, the learned Senior Counsel urged this Court by stating that the qualifications prior to the amendment to be followed in respect of the members of petitioner's Union. The change or amended qualification cannot be effected in respect of the existing employees, who are already in service. This apart, the existing employees have got a vested right for promotion based on the rules, which was prevailing at the time of their appointment and the amendment was issued, when they are in service affecting their avenue for promotion to the higher post of promotion. More so, the method of appointment prescribed in respect of existing employees are by way of internal selection, the qualifications amended canno