LAWS(SC)-1996-7-50

KERALA STATE ELECTRICITY BOARD Vs. N SUKESEN

Decided On July 23, 1996
KERALA STATE ELECTRICITY BOARD Appellant
V/S
N.SUKESEN Respondents

JUDGEMENT

(1.) Kerala State Electricity Board, hereinafter the 'Board', had one common establishment prior to 1964. A need having been felt to have a separate and distinct establishment, named as secretariat establishment, the same came to be formed with effect from 1-4-1964, vide order of the Board dated 31-3-1964. With a view to ensure smooth functioning of the Secretariat Service so formed, the Board, in exercise of power conferred by section 79 (c)(k) of the Electricity (Supply) Act, made certain regulations which, inter alia, laid down the principle of inter se seniority in its clause VII reading as below:

(2.) It was, however, felt that the separate service was not conducive to the smooth and efficient discharge of the administrative functions of the Board; and so, by order dated 14-1-1981 the separate and independent status of the Secretariat Service was brought to an end by making regulations called the Kerala State Electricity Board (Integration of Board Secretariat Establishment and General Establishment) Regulations, 1981. In these regulations the principle of seniority was laid down as below in clause 5(c):

(3.) This principle was amended to read as below by order of 7-11-1985: