LexT.N. ELECTRICITY BOARD & ANR. versus T.N .. ELECTRICITY BOARD THOZHILALAR AYKKIYA SANGAM
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2008] 2 S.C.R. 945
T.N. ELECTRICITY BOARD & ANR.
A
v.
T.N .. ELECTRICITY BOARD THOZHILALAR AYKKIYA
SANGAM
(Civil Appeal No. 1279 of 2008)
FEBRUARY 14, 2008
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(A.K. MATHUR AND AFTAB ALAM, JJ.)
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Service Law
Tamil Nadu Electricity Board Service Regulations, 1967: c
Note-3 - Prescribing criteria of N. T. C. or N.A. C.
Certificate for post of Helper - Further laying down that
"candidates holding N. TC.IN.A. C. recruited as Helper shall
not be eligible for internal selection to post of Junior Assistant D
and Typist including Steno-typist" - HELD: The TN. Electricity
Board has, on a rational basis, decided to lay down a
qualification for appointment to the post of Helper i.e. NTCI
NAC, and provided a channel of promotion for such persons
to the higher post on technical side - Such provision cannot E
be said to be ultra vires Articles 14, 16 and 19(1 )(g) of the
Constitution - This is a policy decision of Board and it is the
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Board who has to decide suitability and channel of promotion
for such post - It is prerogative of Board to decide that what
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shall be the channel of promotion for technical and for non
technical persons - Constitution of India - Articles 14, 16 and F
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19(1 )(g) -
Administrative Law -
Policy decision of
administrative authority
P. U. Joshi and Ors: Vs. Accountant General, Ahmedabad
and Ors. 2003(2) sec 632 - relied on.
G
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Civil Appellate Jurisdiction : Civil Appeal No. 1279 of
2008.
From the final Judgement and Order dated 20/04/2006 of
945
H
946
SUPREME COURT REPORTS
[2008] 2 S.C.R.
A the High Court of Judicature at Madras in W.A. No. 1692/1999.
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P.H. Parekh, E.R. Kumar, Shakun Sharma,Arjun Garg (for
Mis Parekh And Co.) for the Appellants.
V. Shekhar, Gulnar, G. Umapathy, Rohit Singh and Rakesh
B K. Sharma for the Respondent.
The following Order of the Court was delivered
We have heard learned counsel for the parties.
c
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
D 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.
E
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:-
F
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.
G
The grievance of the Sangam was that the classification
of candidates, holding l.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
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T.N. ELECTRICITY BOARD & ANR. v. TN. ELECT.
947
BOARD THOZHILALAR AYKKIYA SANGAM
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intelligible differentia, which has rational nexus to the objective A
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.
B
It was· also alleged by Electricity Board that the nature of
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work and channel of promotions to the Helpers in Regular Works
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Establishment is entirely different from that of Junior Assistant/
Typist/Assessors. According to them, the Helpers are utilized c
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.
D
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Therefore, channels of promotions for these Helpers was
in technical side. It was submExcerpt shown. Read the full judgment & AI analysis in Lexace.