KARNATAKA ELECTRICITY BOARD versus GULAM MOHIUDDIN

Citation: [1977] 3 S.C.R. 508 · Decided: 12-04-1977 · Supreme Court of India · Bench: M. HAMEEDULLAH BEG · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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508 
KARNATAKA ELECTRICITY BOARD 
v. 
GULAM MOHIUDDIN 
April 12, 1977 
[M. H. BEG, C.J., A. C. GUPTA AND P. S. KAILASAM, JJ.] 
Electricity (Supply) Act, 1948-Sec. 79-Statutory Regulations-Whether 
can be overriden by ad1ninistrative resolutions-Mysore State Electricity Board 
Recruitment and Pro1notion of employees of the Board Regulation.t 1960-
Passing of SAS exa1nination if necessary for pron1otion. 
The respondent was serving as an Accountant in the Electricity Departrnent 
of the former State of Hyderabad. On the reorganisation of the States in 
pursuance of the States Reorganisation Act, 1956, he was allotted to the new 
State of Mysore with effect from 1st November, 1956. 
Option was given to 
the respondent to continue in the Government service or to opt to the Board. 
On 1st October, 1957, the respondent opted to the service under the Board. and 
ceased to be an employee of the Government with effect from that date. In 
1960, the Board framed Recruitment and Promotion Regulation in exercise .of 
its powers conferred under s. 79(c) of the Indian Electricity Supply Act, 1948. 
The regulations were subsequently amended on 16.12.1966. The amended 
regulations prescribed that the posts of Accounts Superintendents were to be 
filled on the basis of seniority-cum-merit on their having passed SAS examina-
tioa. In December, 1966, some persons junior to the respondent vtere promoted 
on their having passed the SAS examination, while promotion- _was denied to 
the respondent as h~ had not passed the examination. After the respondent;s 
representations were rejected he filed a Writ Petition. The Single Judge dis-
missed the Petition. The Divis:on Bench refus""d to throw out the Writ Petition 
on the ground of delay. It found on consideration of the two resolutions of 
the Board one dated 19.5.1969 and another dated 5.1.1970 that the respondent 
being an allottec was exempted from complying with the requiren1ents of pass-
ing the examination. 
Allowing the appeal. 
HELD : (1) The Division Bench rightly refused to deny relief to the 
respondent on the ground of delay and !aches. [510 Bl 
<2) Section 79 of the Act empowers the Board to make regulations not 
iriconsistent .with the Act and rules made thereunder to provide for a11 or any· 
of the matters referred to in els. (a) to (k) of the section. Sub-s. (c) en1powers 
the Board to make regulations regarding the duties of officers and servants of 
the Board and their salaries, allowances and other conditions of service. 
By 
virtue of the said powers the Board framed Mysore State Electricity Board 
Recruitment and Promotion of Employees of the Board Regulations, 1960. The 
minimum qualification prescribed is passing of SAS examination. The resolu· 
tion of the Board dated 19.5.69 n1erely provides that the candidates appointed 
to the Government Board services for the first time after 1st November, 1956, 
must pass the department examinat:on for purnoses of earninJ? increments and 
promotion. The said resolution does not deal with cases of allottees. It is 
silent about allottees and, therefore, it is not pos:;dble to infer from that resolu-
tion that the allottees were exempted from passing the departmental examina· 
tion. In any case, the passing of the resolution 
cannot have the effect of 
relaxing statutory regulations. Anart from that bv the subsequent resolution 
of 1970, the Board made it absolutely clear that the SAS examination had to 
be passed. [510 C-D, G-H, 511 E-F] 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 144 of 1977. 
,\:-meal by Soecial leave from the Jnd!!111ent and Order dated the 
2nd Januory, 1976 of the Karnataka High Court in Writ Appeal No-
430 of 1974. 
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KARNATAKA ELF.CT. BOARD v. G. MOHIUDDIN (Kai/asam, J . .) 
509 
V. N. Satyqnarayana, 
K. Rajendra Chowdhary and Veena Devi 
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(Mrs.) Khanna for the Appellant. 
S.S. Javali, B. P. Singh and A. K. Srivastava, for Respondent. 
The Judgment of the Court was delivered by 
KA!LASAM, J .-This appeal is by the Karnataka Electricity Board 
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by its Secretary by Special leave granted by this 
Court against the 
judgment of the Karnataka Higb Court allowing the writ petition filed 
by the respondent and issuing a writ of mandamus to the appellant to 
consider the case of the respondent for promotion as an Accounts 
Superintendent as on 30th December, 1966, and to promote him to 
that post with effect from that date. 
. 
The respondent was serving as an ·Accountan
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