The appointment and eligibility for promotion of the petitioner as Junior Assistant were influenced by the Board proceedings MS No. 1423, 20.07.1973, and the subsequent Board proceeding MS No. 1561, 31.10.1975, which required the minimum educational qualification for further promotion.

Prayer: Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to revise the petitioner's seniority on the basis of his appointment as Junior Assistant with effect from 15.09.1973 vide Boards proceedings order MS No. 1423 dated 20.07.1973 by invoking GO.Ms. No. 221, Personal Administrative Reforms (Pers.) Department dated 10.05.1990 and the consequent issue to Boards proceedings (Per) B.P. (Ch) No. 212 Secretariat Branch dated 06.08.1991 from time to time till his retirement and settle the terminal benefits like arrears of salary, allowance from 15.09.1973 to 30.04.2003 to the petitioner and consequently revise the pension on par with the revised pay.

1. The petitioner who has not cleared SSLC exam has appointed in the respondent Board as a Record Clerk on 18.04.1964. He cleared his probation in the category of Record Clerk on 05.05.1967.

2. The Tamil Nadu Electricity Board passed an order vide Board proc. Ms. No. 1423, dated 20.07.1973. The order reads as under:-

"PROCEEDINGS:

According to the provisions in Note 2 under Division VII of Class III in Annexure I to the Board’s Service Regulations, appointment as Junior Assistant shall be made by recruitment from among employees in Class IV Sendee who passes the minimum General Educational Qualification or an equivalent qualification and who has rendered satisfactory service for not less than 5 years. The approval of the Board should be obtained whenever such recruitment is made.

2. The Tamil Nadu Electricity Board Accounts Subordinate Union has represented that

(i) Attenders who have put in a service of 5 years and more should be considered for promotion by relaxing the educational qualification i.e. from possessing Minimum General Educational Qualification to a pass in VIII Standard or equivalent examination.

(ii) Attenders who possess the required educational qualification viz. Minimum General Educational Qualification or equivalent examination should be considered for appointment as Junior Assistant by lowering the present limit of satisfactory service of 5 years to 2 years.

3. The matter was discussed with the representatives of Tamil Nadu Electricity Board

Accounts Subordinates Union. The Board hereby directs that:-

"(i) The Attenders who have passed VIII Standard or equivalent examination and who have completed 5 years of satisfactory service as Attenders as on date may be appointed as Junior Assistants without insisting upon the possession of the Minimum General Educational Qualification or equivalent service Regulations and

(ii) The Attenders who possess the Minimum General Educational Qualification or equivalent examination and have completed 7 years of satisfactory service as Attenders as on date may be appointed as Junior Assistants without insisting upon the possession of the Minimum General Educational Qualification or equivalent service Regulations.

4. The Chief Engineer (Electricity) is requested to submit necessary proposals in this regard."

3. In continuance of the Board proceeding, the petitioner was appointed as Junior Assistant, vide Memo No. SETC/S1/A1 of 24C/868. The said proceeding reads as under:-

"Memo. No. SETC/S1 /A 1/OF.24 (c)/837/dated 17.09.73.

Sub: Establishment - Class III Service - Head quarters unit - Attender - As Junior Assistant by conversion - Appointment:-

Regarding,

Ref: Chief Engineer (General) Rndt, on letter No. 811-D1/73-10 dated 12.9.73 to the Secretary, T.H.B. Board.

.........

With reference to instructions contained in the Chief Engineer (General)'s letter cited and under Regulation 106 (a) (i) of Tamil Nadu Electricity Board. Service Regulations, Thiru R. Srinivasan, Attender is appointed under emergency rules as Junior Assistant (by conversion from class IV service to Class III Service) on a pay of Rs. 126/- (Fixed) ulus usual allowances as is admissible under the rules, with effect from 15.9.73 P.IT. and retained in this circle.

He is informed that the appointment i