R. HARIHARAN AND ORS. versus K. BALACHANDRAN NAIR AND ORS.

Citation: [2000] SUPP. 3 S.C.R. 200 · Decided: 11-09-2000 · Supreme Court of India · Bench: V.N. KHARE · Disposal: Appeal(s) allowed

Judgment (excerpt)

A 
R. HARIHARAN AND ORS. 
v. 
K. BALACHANDRAN NAIR AND ORS. 
SEPTEMBER 11, 2000 
B 
[V.N. KHARE AND S.N. PHUKAN, JJ.] 
Kera/a Public Service Commission (Additional Functions) Act, 19631 
Kera/a State and Subordinate Servicf!S Rules, 1958 : Sections 3 (1) (a) (b) 
(2) and 4/Rule 27-Jn 1975, Kera/a State Electricity Board reserving 10% 
C out of 50% quota of direct recruits in the cadre of Assistant Engineers (Civil) 
for qualified engineers already in its employment-The appellants the qualified 
engineering graduates already in se':"ice of the Board appointed as Assistant 
Engineers (Civil) on ad-hoc basis between 1976 to 1979-Regularisation of 
their services subject to their passing departmental exams and completion of 
D probation period-Accordingly services of appellants and those falling under 
10% quota regularised with effect from the date of their joining as Assistant 
Engineers in 1982-Rest 40% direct recruits appointed through Public 
Service Commission joined their· duties on 21-10-1981-Pub/ic Service 
Commission refused to concur on the regularisation of services of appellants 
and others with effect from the date of their joining as Assistant Engineers-
E Matter referred to State Government under Section 3 (2) of the Act-State 
Government overruled the advice of Commission and approved regularisation 
with effect from the date of appellants' joining as Assistant Engineers-A 
gradation ·tist prepared in accordance with the said order-Respondent 
Assistant Engineers falling under the 40% quota challenged the said 
F government order and gradation list in a writ petition before the High Court 
as the respondents were placed below the appellants in the said gradation 
list-Writ petition dismissed by Single Judge on grounds of delay and /aches 
with an observation that there was no violation of 10% quota-Division 
Bench of the High Court allowed the appeal and determined the date of 
appointment of the appellants to be the date of regularisation of their 
G services as Assistant Engineers i.e. 1982 and also directed refv:ing of the 
Gradation list-Consequently, respondents placed above the appellants in 
the gradation list-On appeal, Held: Consultation with Public Service _ 
Commission was a statutory requirement under section 3(J)(b) in respect of 
said appointments-There is no provision dispensing with such consultation 
H in the said Rules-The State Government had overriding powers in case of 
200 
.. 
R. HARIHARAN v. K. BALACHANDRAN 
201 
difference of opinion between the Electricity Board and the Public Service A 
Commission in the matter of regularisation of services of the employees-The 
said order of the Government was in accordance with provisions of the Act-
Pre regularisation service period of the appellants was to be counted in 
determining the seniority. 
The Kerala Public Service Commission (Additional Functions) Act, B 
1963 came into force w.e.f. 01-10-1966 providing for exercise of certain 
additional functions by the Kerala Public Service Commission in respect of 
appointments of officers and servants of the Kerala State Electricity Board 
and their conditions of service. During 1972 to 1974 four of the appellants 
were recruited through the Commission on different dates on different posts C 
like Overseer and Tracer etc. By its order dated 18-04-1975, the Board 
reserved 10% out of the 50% quota of direct recruits in the cadre of 
Assistant Engineer (Civil) for qualified engineering graduates in the 
employment of the Board. Since the four appellants and others totalling 11 
in number were engineering graduates in the service of the Board, the 
Board appointed them to the post of Assistant Engineer (Civil) on different D 
dates between 26-12-1976 to 01-08-1979. According to their appointment 
letters, their appointments were provisional and regularisation was subject 
to their passing two departmental tests and satisfactory completion of the 
probat.ionary period. Accordingly their appointments were regularised w.e.f. 
the date of their joining as Assistant Engineer (Civil). The respondents were E 
recruited in the cadre of Assistant Engineer (Civil) through the Commission 
and had joined their duties on 21-10-1981. Even though services of the 11 
Assistant Engineers including 4 appellants had been regularised by the 
Board yet the Commission declined to concur on the said regularisation 
w.e.f. the date of their joining as Assistant Engineers. On this difference of 
opinion, the Board refer

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