U P STATE ELECTRICITY BOARD LUCKNOW V N MATHUR V P KHANNA Vs. P L KELKAR:P L KELKAR:U P STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal by special leave and the connected special leave petition and the writ petition directed against the judgment and order of the Allahabad High Court dated February 1, 1985, raise a question of construction of Regulation 7(iv)(b), U.P. State Electricity Board Service of Engineers (Integration and Seniority) Regulations, 1976, framed under S. 79(c), Electricity (Supply) Act, 1948. By the judgment, a Division Bench of the High Court has disallowed a batch of writ petitions seeking to quash an order of the U.P. Public Services Tribunal, Lucknow, dated April 3, 1978. Allowing a representation made by respondent 1, presently working as Superintending Engineer in the U.P. State Electricity Board, the Tribunal held that in terms of Regn. 7(iv)(b) of the Regulations, respondent I having been granted seven advance increments was entitled to the benefit of as many years of service as the number of advance increments given to him at the time of his recruitment. The High Court has upheld the order of the Public Services Tribunal. As a result, respondent 1 who figures at serial No. 12 in the integrated seniority list of Assistant Engineers (Civil) i.e. below other Superintending Engineers including the six petitioners in the connected special leave petition No. 8835/85, would take his place at serial No. 1 in the seniority list i. e. above them.

(2.) The short question involved in this appeal is whether respondent 1 on a proper construction was entitled to the benefit of as many years of service as the number of advance increments given to him at the time of his recruitment, as held by the Public Services Tribunal and the High Court. That turns on a construction of the amended Regn. 7(iv)(b) of the Regulations. Regulation 7(iv)(b) as originally framed provided:

(3.) Put very briefly, the essential facts are these. By a Government resolution dated March 30, 1959 all the officers of State Government i.e. Civil Engineers and the Electrical and Mechanical Engineers of Irrigation and Power Department were transferred to U.P. State Electricity Board constituted under S. 5, Electricity (Supply) Act, 1948 which came into existence on April 1, 1959. The services of these officers were placed on deputation with the Board. In 1964 the Electricity Board issued an advertisement calling for applications for appointment to 20 posts of Assistant Engineer (Civil). It was indicated that a higher start would be allowed to candidates with special qualifications or experience and that the selected candidates were to become permanent on completion of. three years' probation. Among those selected was respondent 1 P. L. Kelkar who by reason of his previous experience was given a higher start of Rs. 490 in the scale of Rs. 250-850 which meant that he was given nine advance increments as against two increments given to others. Prior to his joining the Electricity Board, respondent 1 had varied experience in different governmental and other organisations. After obtaining his degree in Bachelor of Engineering in the year 1957, he was recruited as a Junior Engineer, Public Works Department (Building) of the State of Madhya Pradesh on a scale of Rs. 150-300. In 1959 he was promoted as Assistant Engineer, Department of Housing, Madhya Pradesh on a scale of Rs. 250-600. Thereafter on June 9, 1960 he accepted appointment as Engineering Assistant Grade I in the Indian Refinery Limited, Guwahati, A Government of India undertaking, on a scale of Rs. 300-525 after leaving the services of the State Government of Madhya Pradesh. On May 10, 1961, he left Government service to take up employment in the private sector as Assistant Civil Engineer with the Associated Cement Company Limited, Bombay on an initial salary of Rs. 305 per month with annual increments. After the interviews of the candidates held on August 17, 1964, the Board in its letter of appointment dated August 22, 1964 offered respondent 1 two advance increments and stated that his seniority vis-a-vis the other candidates selected for appointment would be determined later. It seems that respondent 1 declined the offer and accordingly the Board by its letter dated August 29,1964 decided to grant him a higher initial pay of Rs. 490 i.e. nine advance increments because of his previous experience. It may be mentioned here that the Board also granted a higher initial pay of Rs. 490 i.e. nine advance increments to Prakash Chandra Jain and Rs. 430 i.e. seven advance increments to Naresh Chandra Gupta.