LAWS(SC)-1997-9-32

ASSAM STATE ELECTRICITY BOARD Vs. GAJENDRA NATH PATHAK

Decided On September 03, 1997
ASSAM STATE ELECTRICITY BOARD Appellant
V/S
GAJENDRA NATH PATHAK Respondents

JUDGEMENT

(1.) Assam State Electricity Board (for short the Board) is aggrieved by the judgment dated April 21, 1988 of the Division Bench of the Gauhati High Court giving directions to the Board "to take necessary steps to consider the cases of the petitioners (now the respondents) for promotion to the higher post. This would be done within a period of two months of the receipt of this order by them. Subsequently also, the petitioners (now the respondents) would be treated alike the Junior Engineers for further promotion." There are four respondents who were petitioners in the writ petition before the Gauhati High Court in which the aforesaid direction was issued.

(2.) The Board is constituted under the Electricity (Supply) Act, 1948 (for short the Act). in the exercise of powers conferred upon it under Section 79(c) of the Act it has framed Regulation called "the Assam State Electricity Board Engineering Service Regulations, 1973 (for short the Regulation).

(3.) The respondents are either matriculate or non-matriculate and are holding certificates and were appointed by the Board during the period from 1957 to 1963 to the Subordinate Engineer Grade II. Prior to the Regulation, there existed a cadre of Subordinate Engineer Grade I which was composed of