M LOGANATHAN OTHERS Vs. T N ELECTRICITY BOARD

JUDGEMENT

(1.) These appeals are by certificate granted by the High court of Madras since the High court was of the opinion that the question involved for decision relates to the power of the Tamil Nadu Electricity Board to amend its regulations framed under Section 79 of the Electricity (Supply) Act, 1948.

(2.) The material facts are only a few. The appellants were initially appointed Junior Assistants and were then promoted to the post of Assistants and were awaiting their turn for promotion to the next higher post of Accountant. According to the regulations framed by the Board, the passing of the prescribed test was one of the qualifications required for promotion as an Accountant. The appellants having passed the prescribed test were, therefore, eligible for further promotion to the post of Accountant and were awaiting their turn for being considered for promotion as Accountants. During the period that regulation was in force, because of this prescription therein, those Assistants who had not passed the prescribed test were not qualified to be promoted as Accountants. It appears that the number of such ineligible Assistants, on account of they not having passed the-prescribed test, was large and this led the Board to consider the question of amendment of the regulations to remove the requirement of passing the prescribed test as a condition of eligibility for promotion to the postof Accountant. The Board in 1980 amended the relevant regulation with retrospective effect from 1/5/1979 reducing the qualification for promotion to the post of Accountant insofar as it required the passing of the prescribed test. As a result of this amendment, those persons who had hoped to get promotion earlier than their seniors in the same cadre on account of having passed the prescribed test felt frustrated since they were deprived of the edge they had for promotion over their seniors in the same cadre who had not passed the prescribed test.

(3.) In the writ petitions filed in the High court of Madras challenging this amendment, made in the regulations, the High court has quashed the retrospective operation of the amended regulation confining its operation only to the future promotions. Aggrieved by the decision of the High court, the appellants have preferred these appeals by certificate.