KARNATAKA ELECTRICITY BOARD Vs. GULAM MOHIUDDIN

JUDGEMENT

(1.) This appeal is by the Karnataka Electricity Board by its secretary by special leave granted by this court against the judgment of the Karnataka High court allowing the writ petition filed by the respondent and issuing a writ of mandamus to the appellant to consider the case of the respondent for promotion as an Accounts Superintendent as on 30/12/1966, and to promote him to that post with effect from that date.

(2.) The respondent was serving as an Accountant, Grade II, in the Electricity Department of the former State of Hyderabad. On the reorganisation of the States in pursuance of the States Reorganisation Act, 1956, he was allotted to the new State of Mysore (now Karnataka) with effect from 1/11/1956. The post which he held came to be equated with that of I Division Clerk m the former State of Mysore. On 1/10/1957, the Mysore State Electricity Board, now Kamataka State Electricity Board, was constituted under the Indian Electricity (Supply) Act. An option was given to the respondent to continue in the government service or to opt to the Board. On 1/10/1957, the respondent opted to the service under the Board and ceased to be an employee of the government with effect from that date.

(3.) In the year 1960 the Board framed Recruitment and Promotions Regulations in the exercise of its powers conferred on it under S. 79 (c) of the Act. The Regulations were subsequently amended on 16/12/1966. The amended Rules prescribed that the posts of Accounts Superintendents were to be filled by promotion of I Division Clerks on the basis of seniority-cum-merit on their having passed Part I and Part II of the S. A. S. examination.