KERALA STATE ELECTRICITY BOARD versus N. SUKESEN AND ORS.

Citation: [1996] SUPP. 3 S.C.R. 803 · Decided: 23-07-1996 · Supreme Court of India · Bench: S.C. AGRAWAL · Disposal: Appeal(s) allowed
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Judgment (excerpt)

KERALA STATE ELECTRICITY BOARD 
v. 
N. SUKESEN AND ORS. 
JULY 23, 1996 
[S.C. AGRAWAL AND B.L. HANSARIA, JJ.] 
Se1vice Law : 
Elecllicity (Supply) Act. 1948: 
S.79(c) and (k)/Kcrala State Elcct1icity Board (Integration of Board 
Secret01iat Establishment) Regulations, 1981 (as amended in 1985) : 
Kenda State Elecllicity Board-Intef,"'ation of Secret01iat Se1vice into 
general se1vic~Jnter se senio1ity--ln1egration schenie provided for taking into 
consideration the length of seroice front the tinte of initial recruit111ent-Held, 
the scheme not hit by Altic/e 14 of the Constitution-Constitution of lndia 
A1tic/e 14: 
A 
B 
c 
D 
Kerala Electricity Board, in 1964 brought into existence the 
Secretariat Sen'ice. The officials to this sen'ice were appointed from the 
existing common cadre, without conducting any test. In 1981 the Board E 
decided to merge the Secretariat Service into general service by enacting 
Kerala State Electricity Board (Integration of Board Secretariat Estab-
lishment) Regulations, 1981. In 1985 the Regulations were amended 
providing for taking into account the length of service in fixing inter se 
seniority of employees from different categories brought under integration. F 
The employees mainly belonging to erstwhile Secretariat Service chal-
lenged the revised seniority principle as violative of Article 14 of the 
Constitution. The High Court struck down the revised principle of 
seniority. Aggrieved, the Board and some of the employees belonging to 
general establishment filed the present appeals. 
Allowing the appeals this Court 
HELD : The principle of seniority as revised by 1985 Order is sus-
tained. The order or 1985 requires the inter se seniority to be determined on 
G 
the basis of the length of service in the cadre/category at the time of 
integration, and it does not take note of accelerated promotions earned in 
H 
803 
804 
SUPREME COURT REPORTS 11996] SUPP. 3 S.C.R. 
A the Seeretariat Service. 111e record shows that while appointing persons to 
Secretariat Service from general service, no tests or intervie\\'s were con-
ducted. Besides, the 1985 order only speaks about fixation of relative 
seniority and does not visualise any reduction in rank or reversion. It may 
be that the following of1985 principles would make the Assistant Secretary 
B of ersf\-'t'hile Secretariat service junior to the Senior Superintendent in the 
general service, but t~at \\'ould not require the Assistant Secretary to be 
demoted to the post of Senior Superintendent. The judgment of the High 
Court is set aside, subject to these clarifications/observations. 
[606-C-D; E-F; 807-A-C] 
Om Pmkash Shmma v. Union of India, [1985] Supp. SCC 218, 
C' 
.xplaincd and applied. 
CIVIL APPELLATE .TURISDJCTION: Civil Appeal No. 3967 of 
1'!90 Etc. 
D 
From the Judgment and Order dated 5.10.89 of the Kerala High 
Court in W.A. No. 915 of 1987. 
E 
F 
G 
H 
P.S. Poli, T.L. Viswanlha Iyer, Ms. Malini Poduval, K.M.K. Nair, 
Vipin Nair and E.M.S. Anam for the appearing parties. 
The Judgment of the Court was delivered by 
HANSARIA J. Kerala State Electricity Board, hereinafter the 
'Board', had one common establishment prior to 1964. A need having been 
felt to have a separate an<l distinct establishment, nan1ed as secretariat 
establishment, the same came lo be formed witl1 effect from 1.4.1964, vide 
order of the Board dated 31.3.1961. With a view to ensure smooth function-
ing of the Secretariat Service so formed, the Board, in exercise of po\ver 
conferred by section 79(c) (k) of the Electricity (Supply) Act, made certain 
regulations which, inter a/ia, laid <lown the principle of inter se seniority in 
its clause VII reading as below : 
·~v1r. The inter se seniority of alJ categories of persons so appointed 
initially lo the Secretariat will he determined and finalised with 
reference lo the relative general seniority they held in the parent 
department and their seniccs in the parent department will count 
for all purposes in the Secretariat Service also." 
2. It \Vas, ho\vever, felt that the separate service \Vas not conducive 
•• 
KERALASTATE ELECTRICITYBD. v. N.SUKESEN [HANSARIA.J.J 805 
to the smooth and efficient discharge of the administrative functions of the A 
Board; and so, by order dated 14.l.1981 the separate and independent 
status of the Secretariat Service was brought to an end by making regula-
tions called the Kerala 
State Electricity Board (Integration of Board 
Secretarial Establishment and Gener
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