N VENKATESAN Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) This order shall govern all the three writ petitions as the question involved is common.

(2.) The writ petitioners before me are the diploma holders, whereas the respondents 2 to 17 are the degree holders. It is a classic and unending tussle between the diploma and degree holders. For understanding the controversy, the following facts will be necessary.

(3.) All the petitioners and the respondents are and were the employees of Tamil Nadu State Electricity Board (hereinafter referred to as the 'Board' for the sake of brevity). Their service conditions were being regulated by the Regulations. All the writ petitioners have joined the service somewhere in the early 1960's in the post of Supervisor. The next promotion to the post of Supervisor is Assistant Executive Engineer. Accordingly, all the writ petitioners were granted the promotions to the post of Assistant Executive Engineer and ultimately they all became Executive Engineers in the year 1991. These petitions came to be filed in the year 1995 for a writ of mandamus directing that they should be promoted to the post of Superintending Engineer/Civil on the basis of single common seniority list as it prevailed prior to 28.12.1974. This prayer also has some factual background.