MEGHALAYA STATE ELECTRICITY BOARD Vs. THULESWAR BARBARUAH

JUDGEMENT

(1.) Leave granted.

(2.) Respondents herein joined services of the Assam State Electricity Board (the Board). The terms and conditions of their services used to be governed by the regulations framed under the Electricity (Supply) Act, 1948 (the 1948 Act, for short) known as Assam State Electricity Board General Regulations, 1960 (the 1960 Regulations, for short) and Assam State Electricity Board Engineering Service Regulation, 1973 (the 1973 Regulations, for short). Regulation 4 of the 1960 Regulations authorised the Board to prescribe the manner in which the record of services of its employees was required to be maintained, pursuant whereto the format of ACR and related guidelines were prescribed. The Board adopted the existing rules, regulations, orders and procedures of the old Board. On or about 22.1.1975, however, the Government of Meghalaya, in exercise of its power conferred upon it under Section 5 of the 1948 Act, constituted the Appellant Board, whereupon the Respondents herein were placed with the Appellant by the Assam State Electricity Board. The 1973 Regulations, however, were amended in 1984, pursuant whereto the Respondents were promoted to the post of Assistant Engineer. In between 7.1.1987 and 14.1.1992, Respondent Nos. 1 to 8 were promoted to the post of Assistant Executive Engineer (Civil). On 19.4.1996 the Board recommended promotion of Respondent Nos. 4 to 6 to the post of Executive Engineer. On or about 18.6.1997 the inter se seniority list of Assistant Executive Engineers (Civil) was published. Appellant Board framed its own Regulations on 14.8.1997; Regulation 37 whereof provides for the eligibility for promotion. Sub-Regulation (3) of Regulation 37 reads as under:

(3.) The said Regulation was amended, in terms whereof it was provided that a list of qualified and eligible employees equal to three times the number of vacancies plus one, of both existing vacancies and those estimated to arise up to 31st December of the year shall be prepared during the period from September to December of the year. The cut-off date for determining the eligibility criteria for promotion to various grades/cadres was fixed before the 1st April of the current year by a memorandum issued on 20th November, 1998. Further amendment was carried on 12th November, 1999, providing for categories to which promotion would be effected on the basis of merit-cum-seniority rule, which is in the following terms: