ORDER

The relief sought for in the present writ petition is to declare that the Amendments to Regulation 94 of Tamil Nadu Electricity Board Service Regulations issued by the first respondent in (PER) FB TANGEDCO PROCEEDINGS No.25, Secretariat Branch, dated 24.05.2014 as Ultra Virus to the Constitution of India as it is violative of Article 14, 16 and Section 9-A of Industrial Disputes Act, 1947 and consequently direct the respondents to promote the petitioner to the post of Junior Assistant (Accounts) on par with her junior with all attendant and monetary benefits.

2.The writ petitioner was appointed as Helper (Training) in Tamil Nadu Electricity Board on 04.06.2010 and completed departmental test on 30.05.2011. 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 writ petitioner for further promotion in the post of Junior Assistant is barred. In other words, the writ petitioner is qualified for promotion to the post of Junior Assistant and her future prospects 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 counsel appearing on behalf of the writ petitioner raised a point that the writ petitioner is an existing employee working in Group-IV services and she is 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 her chance in this regard cannot be barred and the same will create frustration in the mind of the employee.

4.It is contended that promotion of at least, 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 writ petitioner 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 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 counsel urged this Court by stating that the qualifications prior to the amendment to be followed in respect of the writ petitioner. The change or amended qualification cannot be effected in respect of the existing employees, who are already in service. This apart, the existing employee has got a vested right for promotion based on the rules, which was prevailing at the time of her appointment and the amendment was issued, when she is in service affecting her 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 cannot have any effect so far as the internal candidates are concerned.

7.The learned counsel further states that the vacancies now lying in the cadre of Junior Assistant were vacant for long time and the respondents have delayed the appointments and such delay would not cause any prejudice to the existing employee for getting her promotio