TAMIL NADU ELECTRICITY BOARD Vs. R SRINIVASAN

JUDGEMENT

(1.) THIS appeal has been preferred by the Tamil Nadu electricity Board against the order in W. P. No. l1437 of 1981 allowing that writ petition filed by the respondent herein praying for the issue of a writ of certiorarified mandamus calling for the records relating to the orders of the appellant in B. P. Ms. No. 591 (Admn.), dated 30. 9. 1981 and the consequential seniority list published by the appellant in its proceedings B. P. Ms. No. 629 (Admn.), dated 22. 10. 1981 and quash the same in so far as they affected the respondent and to direct the appellant to absorb the respondent in an equivalent category, grade or cadre, viz. , Divisional Regineer with effect from 1. 12. 1973.

(2.) BRIEFLY stated, the facts giving rise to this writ appeal areas follows: On 17. 10. 1963, the respondent joined Salem-Erode electricity Distribution Company as a Junior Engineer and was promoted as an assistant Engineer from 1. 1. 1967. A further promotion as Engineer-in-charge was also given to the respondent in June, 1973 , The government of Tamil Nadu took over Salem-Erode Electricity Distribution Company under the Tamil Nadu Private Electricity Supply Undertakings (Acquisition) Act, 1973 (hereinafter referred to as'the Act') and after the take over, the company was transferred to the Tamil Nadu Electricity Board. Under sec. 15 of the Act, provision was made in respect of the existing staff of licensees and thereunder, every person on the staff of the licensee immediately before the vesting date shall become on that date an employee of the Government and upon the transfer under sub-sec. (5) of Sec. 6 to the Board, of the property, rights, liabilities and obligations of the Government, become an officer or a servant of the Board and shall hold his office or service under the Government or the Board, as the case may be, on the same terms and conditions and wih the same rights to pension, gratuity and other matters as would have been admissible to him if the undertaking had not vested in the Government and continue to do so unless and until his employment under the Government or the board is terminated or until his remuneration, terms and conditions of service are duly altered by the Government or the Board. Under Rule 17 (1) of the Tamil nadu Private Electricity Supply Undertakings (Acquisition) Rules, 1973 (hereinafter referred to as'the Rules'), provision was made for absorption and fitment of the staff of the erstwhile licensee company, in the corresponding class, category or grade of the Board's service. Under that Rule, it was provided that the employees taken over by the Government under sub-sec. (l) of Sec. 15 and transferred to the board under sub-sec. (5) of Sec. 6 of the Act, shall be absorbed in the corresponding class, category or grade of the Board's service, as the case may be. According to the respondent, he was expecting orders regarding absorption in the Board's service and that only after another person filed a writ petition calling upon the Board to discharge its duty under Sec. 15 of the Act and Rule 17 (1) of the Rules, the Board issued the proceedings in B. P ,ms. No. 591 (Admn.), dated 30. 9. 1981 absorbing the respondent as Assistant Divisional Engineer and the inter se seniority of the officers so absorbed was fixed in B. P. Ms. No. 621 (Admn.), dated 22. 10. 1981. The respondent claimed that at the lime of the take over of Salem-Erode Electricity distribution Company, he was an Engineer-in-charge and he should have been fitted in the service of the Board as a Divisional Engineer and not as an assistant Divisional Engineer and thus aggrieved by his absorption in a lower post and consequent loss of seniority, the respondent approached this Court for relief under Art. 226 of the Constitution of India, as stated earlier. Annexed to the affidavit of the respondent were three annexures regarding the duties and responsibilities of an Engineer-in-charge, a comparative statement of the powers exercised by the Engineer-in-charge of the company and the Assistant divisional Engineer and the Divisional Engineer of the Board and hierarchy of posts in the company and the Board.