RAJASTHAN STATE ELECTRICITY BOARD ACCOUNTANTS ASSOCIATION JAIPUR Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) THE question that falls for consideration in this appeal is whether Entry 19 of the Schedule to the Rajasthan State Electricity Board Officers (Recruitment, promotion and Seniority) Regulations, 1974 (hereinafter referred to as 'the 1974 Regulations') is violative of the provisions of the Articles 14 and 16 of the Constitution. THE said Entry relates to promotion to the post of Asst. Accounts Officer/ Asst. Audit Officer/ Asst. Revenu Officer in the Rajasthan State Electricity Board (hereinafter referred to as 'the Board'). It prescribes that 75% of the vacancies shall be filled by promotion on merit basis from Accountants with at least 7 years service as Accountant and 25% of the vacancies shall be filled by promotion on merit basis out of the Accountants possessing an Intermediate of Cost and Works from the Institute of Cost and Work Accountants, Calcutta with five years experience as Accountant in the Board or a graduate holding diploma in Cost and Works from a University established by law in India with five years as Accountant in the Board.

(2.) THE 1974 Regulations came into force on 30/10/1974. Prior to the making of the 1974 Regulations, appointment on the post of Asst. Accounts Officer was regulated by the Rajasthan Subordinate Accounts Service Rules, 1963, which had been made applicable to the Board. Under the said Rules Accountants with five years experience as Accountants were eligible for promotion to the post of Asst. Accounts Officer. THE next post higher to the post of Assistant Accounts Officer is that of Accounts Officer and under Entry 16 of the Schedule to the 1974 Regulations, appointment to the said post is by direct recruitment as well as by promotion from amongst Assistant Accounts Officers.

(3.) DR. A.M. Singhvi, the learned senior counsel appearing for the Board, has raised an objection that the Writ petition filed by the appellant was not maintainable and it was barred by the principle of res judicata. The submission is that members of the appellant Association were also members of the Rajasthan Rajya Vidyut Karmachari Federation which had filed D.B. Writ petition No. 5720/90 and that the order dated 3/01/1991, on the said Writ petition operates res judicata and a fresh Writ Petition raising the same question regarding the validity of Entry 19 of the Schedule to the 1974 Regulations could not be filed. On behalf of the appellant, it is however, stated that the appellant is a separate Association and that none of the members of the appellant was a member of the Rajasthan Rajya Vidyut Karmachari Federation which had filed the earlier Writ Petition and the members of the appellant are not bound by the earlier judgment and are not precluded from agitating the question as to the validity of Entry 19 of the Schedule to the 1974 Regulations. Since there is a dispute on facts as to whether any of the members of the appellant Association was a member of the Rajasthan Rajya Vidyut Karmachari Federation, we do not propose to go into the objection regarding the maintainability of the Writ Petition filed by the appellant and will deal with the matter on merits.