TAMILNADU ELECTRICITY BOARD Vs. BHARATHIYA ELECTRICITY EMPLOYEES FEDERATION

JUDGEMENT

(1.) THE respondent-writ petitioner is the Federation of the Employees of the Tamil Nadu Electricity Board. On 16. 10. 2004, the second appellant, by Letter No. 81288/875/g. 56/g. 561/2004-1, called for applications from willing employees in the categories of Junior Assistant/administration and Junior Assistant/accounts for appointment by transfer to the post of Junior Auditor. The requisite qualification was possession of a Bachelor's Degree viz. , B. A. /b. Sc. /b. Com.

(2.) THE method of recruitment to the post of Junior Auditor is governed by Regulation No. 94 of the Tamil Nadu Electricity Board Service Regulations. It is as follows :-

(3.) THE learned single Judge by his judgment dated 18. 01. 2005 rejected the contention that the Board was entitled to prefer one category of employees out of the four categories from which persons could be appointed by transfer. Learned single Judge also rejected the contention that the appellants were entitled to restrict the scope of appointment to one category alone since there were a number of vacancies in the post of Assessors and Typists. Above all, it was held that when the appointment to the post of Junior Auditors is made by selection, it was necessarily on consideration of merits and therefore, there cannot be discrimination amongst the three categories mentioned in Clause (b) of Regulation 94. Against this order, the present writ appeal has been preferred.