CASE NO.:

Appeal (civil) 1279 of 2008

PETITIONER:

T.N. ELECTRICITY BOARD & ANR.

RESPONDENT:

T.N. ELECTRICITY BOARD THOZHILALAR AYKKIYA SANGAM

DATE OF JUDGMENT: 14/02/2008

BENCH:

A.K. MATHUR & AFTAB ALAM

JUDGMENT:

JUDGMENT

The following Order of the Court was delivered

We have heard learned counsel for the parties.

Leave granted.

This appeal by special leave is directed against the order passed by the

Division Bench of the Madras High Court dated 20th April, 2006 whereby

the

Division Bench has affirmed the order passed by the learned Single Judge

where the learned Single Judge has struck down Note 3 of the Tamil Nadu

Electricity Board Service Regulation, 1967 (hereinafter referred to as

the

"Regulations") and directed that all the persons who were appointed

Helpers

may be considered for the post of Junior Assistant and other

administrative

posts.

Aggrieved against the said order of the Division Bench, the present

Special

Leave Petition has been filed.

For disposal of this appeal, it is necessary to refer a few facts :-

Petition No.3314 of 1993 was filed by the Tamil Nadu Electricity Board

Thozhilalar Aykkiya Sangam, represented by its General Secretary praying

that Note 3 of the Regulation may be declared as ultra vires being

violative of Articles 14 and 16 of the Constitution.

The grievance of the Sangam was that the classification of candidates,

holding I.T.I. Certificates and who have got National Trade

Certificate/National Apprenticeship Certificate (NTC)/NAC) and

recruited as

Helpers in Regular Works Establishment (REW) as a distinct class is not

based on any intelligible differentia, which has rational nexus to the

objective of selection to the post of Junior Assistant/Assessors, etc.

It

is also their grievance that in view of the above mentioned Note 3, the

members of their Association are debarred from applying for the post of

Junior Assistant along with other similarly placed candidates,

possessing

lesser qualification.

It was also alleged by Electricity Board that the nature of work and

channel of promotions to the Helpers in Regular Works Establishment is

entirely different from that of Junior Assistant/Typist/Assessors.

According to them, the Helpers are utilized for field work of technical

nature and their channel of promotion is Wireman, Lineman, Foreman and

Junior Engineer whereas, Junior Assistants are posted for clerical

works in

office in Administrative and Accounts Cadre and their channel of

promotion

is Assistant, Administrative/Accounts Supervisor and Assistant

Administrative Officer/Assistant Accounts Officer.

Therefore, channels of promotions for these Helpers was in technical

side.

It was submitted that this was a policy decision taken by the Board in

pursuance of the office order dated 23rd May, 1986 on recommendations of

Government. Henceforth the post of Helper i.e. Fitter, Turner, Machinist

etc. will be recruited out of the persons who possess N.T.C. or N.A.C.

certificates awarded by the National Council for Training and Vocational

Trade. Consequent to this resolution of the Board the T.N. Service

Regulations were amended and Note 3 was inserted in those regulations.

Therefore, after the insertion of Note 3 the criteria for selection for

the

post of Helper is that the incumbent should have the N.T.C. or N.A.C.

certificate issued by the National Council for Training and Vocational

Trade and it was also clearly stipulated in the resolution of the Board

dated 23rd May, 1986 that "the candidates holding N.T.C./N.A.C.

recruited

as Helper shall not be eligible for internal selection to the post of

Junior Assistant and Typist including Steno-Typists".

This resolution of the Board was incorporated in the regulation in the

same

terms. Note 3 reads as under :-

"National Trade Certificate/National Apprenticeship Certificate

candidates

recruited as Helpers shall not be eligible for internal selection to the

post of Junior Assistants and Typists including Steno-Typists."

Therefore, this is a matter of policy