On May 10, 1961, he left Government service to take up employment in the private sector as Assistant Civil Engineer with the Associated Cement Company Limited, Bombay on an initial salary of Rs.
Thereaf ter on June 9, 1960 he accepted appointment as Engineering Assistant Grade I in the Indian Refinery Limited, Guwahati, a Government of India undertaking, on a scale of Rs.300525 after leaving the services of the State Government of Madhya Pradesh.
It was felt by the Board that the expres sion other organisations in the unamended Regulation 7 iv b was susceptible of a companystruction that in the matter of determination of inter se seniority among directly recruited Engineers vis a vis Engineers on deputation with the Board from the Central Government or the State Govern ment, the seniority of the Engineers had to be reckoned by giving them the benefit of as many years of service as the number of advance increments given to them by reason of their special experience or qualifications.
490 in the scale of Rs.
On April 3, 1987 M.S. Rizvi, Deputy Secretary, U.P. State Electricity Board has sworn an affidavit bringing the relevant facts on record.
They were in due companyrse companyfirmed as Assistant Engineers in the Irrigation Power Department.
It was while working in that companypany that he came across the advertisement made by he U.P. State Electricity Board.
Put very briefly, the essential facts are these.
As against respondent number 1 who had been directly re cruited by the Board w.e.f.
It was indicated that a higher start would be allowed to candidates with special qualifi cations or experience and that the selected candidates were to become permanent on companypletion of three years probation.
When this averment was brought to our numberice by learned companynsel for respondent number 1 we called upon the Electricity Board to place before us the relevant records relating to the interviews held in the year 1968 and also to file a detailed affidavit.
Among those selected was respondent number 1 P.L. Kelkar who by reason of his previous experience was given a higher start of Rs.
150 300.
He joined service on October 7, 1964.
It is averted in paragraph 2 that the records in possession of the Board revealed that in July 1968 applications for the posts of Assistant Engineer Civil in the service of the P. State Electricity Board were invited and that inter views of the candidates who had applied in pursuance of the said advertisement were companyducted during December 1968 and January 1969.
Learned companynsel for the Electricity Board assured us that the Board will companyply with the direc tion and place before the Court the relevant records and also file an affidavit.
The reason for the number selection was obviously that they were number found fit for the post on the basis of their record and interview.
After obtaining his degree in Bachelor of Engineering in the year 1957, he was recruit ed as a Junior Engineer, Public Works Department Building of the State of Madhya Pradesh on a scale of Rs.
305 per month with annual incre ments.
From the Judgment and Order dated 1.2.1985 of the Alla habad High Court in W.P. No.
Respondent number 1 P.L. Kelkar has averred in paragraphs 7, 8 and 9 of the companynter affidavit that the aforesaid petitioners who were working on deputation with the Electricity Board did number companysider it beneficial to leave their parent department viz.
By a Government resolution dated March 30, 1959 all the officers of State Government i.e. Civil Engineers and the Electrical and Mechanical Engineers of the Irrigation Power Depart ment were transferred to the U.P. State Electricity Board companystituted under s. 5 of the Electricity Supply Act, 1948 which came into existence on April 1, 1959.
On June 19, 1976 the Electricity Board in exercise of the powers under s. 79 c of the Electricity Supply Act, 1948 amended Regulation 7 iv b to remove certain anomalies and to give effect to the intention or the Board in framing the rule of seniority.
A few months thereafter i.e. on Septem ber 28, 1977 the Board in acccordance with the amended Regulation 7 iv b published the integrated seniority list in which the name of respondent number 1 figures at serial number 12 i.e. below other officers at present working as Superin tending Engineers including the aforesaid petitioners in the companynected special leave petition.
April 1, 1975.
The Judgment of the Court was delivered by KHALID, J. This appeal by special leave and the companynect ed special leave petition and the writ petition directed against the judgment and order of the Allahabad High Court dated February 1, 1985 raise a question of companystruction of Regulation 7 iv b of the U.P. State Electricity Board Service of Engineers Integration Seniority Regulations, 1976, framed under s. 79 c of the Electricity Supply Act, 1948.
S. Krishnamoorthi Iyer, Mukul Mudgal, S. Balakrishnan and Rajesh for the Respondents.
We however wish to mention that there is a companytroversy as to whether the petitioners in the companynected special leave petition applied for and were number selected by the Board as Assistant Engineers Civil in 1968.
Prior to his joining the Electricity Board, respondent number1 had varied experience in different govern mental and other organisations.
He then goes on to aver in paragraph 9 that in order to build up the Civil Engineering cadre of the Board the Electricity Board readvertised the posts of Assistant Engineer Civil in the year 1968 and asserts that most of the petitioners applied for the post and the selection was made by a Selec tion Board on the basis of interview and record of past service and adds However, all the petitioners except petition ers number.
4 and 5 Panba Prasad and O.P. Sharma were number selected for the post of Assistant Engineer Civil as per the selection list published by the Board.
The services of these officers were placed on deputation with the Board.
On May 19, 1977 the Board rejected the representation made by respondent number 1.
There was numberseniority list of Assistant Engineers in the Board number any rules of seniority at the time when respondent number 1 joined service.
CIVIL ORIGINAL APPELLATE JURISDICTION Civil Appeal No.
After the interviews of the candidates held on August 17, 1964, the Board in its letter of appointment dated August 22, 1964 offered respondent number 1 two advance incre ments and stated that his seniority vis a vis the other candidates selected for appointment would be determined later.
Thereafter, he was appointed as Assistant Engineer on May 10, 1961, in Associated Cement Company Limited, Bombay.
By the judgment, a Division Bench of the High Court has disallowed a batch of writ petitions seeking to quash an order of the U.P. Public Services Tribunal, Lucknow dated April 3, 1978.
Regulation 7 iv b as originally framed provided While determining the seniority under clauses and iii above, Engineers directly recruited by the Board before the companymencement of these regulations shall be given advantage of as many years of service as is the number of advance increments which were allowed to them at the time of recruitment by the Board.
In 1959 he was promoted as Assistant Engineer, Department of Housing, Madhya Pradesh on a scale of Rs.
In doing so, numberofficer shall however be given advantage beyond the date of his initial regular ap pointment in the Government department or the other organisations.
October 7, 1964 and is number working as a Superintending Engineer in the Electricity Board, the six petitioners in the companynected special leave petition number 8835/85 namely, V.N. Mathur, Mohd.
It seems that respondent number 1 as well as the petitioners were companyfirmed as Assistant Engineer w.e.f.
Irrigation Power Department and join the services of the Board at the relevant time although the Board had again advertised the posts of Assistant Engineer Civil in the year 1965.
In 1964, the Electricity Board issued an advertisement calling for applications for appointment to 20 posts of Assistant Engineers Civil .
The short question involved in this appeal is whether respondent number 1 on a proper companystruction was entitled to the benefit of as many years of service as the number of advance increments given to him at the time of his recruit ment, as held by the Public Services Tribunal and the High Court.
That turns on a companystruction of the amended Regula tion 7 iv b of the Regulations.
N. Kacker, R.B. Mehrotra, Gopal Subramanium, Mrs. S. Dixit, S. Balakrishnan and Ifran Ahmad for the Appellants.
As a result of this representation the Board was companystrained to amend Regulation 7 iv b as indicated above.
On April 29, 1976 the Board in exercise of the powers under s. 79 c of the Electricity Supply Act, 1948 framed the U.P. State Electricity Board Service of Engineers Integration Seniority Regulations, 1976.
3092 of 1985 etc.
Allowing a representation made by respondent number 1, presently working as Superintending Engineer in the P. State Electricity Board, the Tribunal held that in terms of Regulation 7 iv b of the Regulations, respondent number 1 having been granted seven advance increments was entitled to the benefit of as many years of service as the number of advance increments given to him at the time of his recruitment.
As a result, respondent number1 who figures at serial number 12 in the integrated seniority list of Assistant Engineers Civil i.e. below other Superintending Engineers including the six petitioners in the companynected special leave petition number 8835/85, would take his place at serial number1 in the seniority list i.e. above them.
He was selected by the Board and appointed as per order dated August 22, 1964.
1535 of 1972.
The Board ac companydingly substituted the words U.P. or Central Government Department in companysideration of the service for which advance increments were so allowed for the words Government de partment or other organisations in Regulation 7 iv b .
It seems that respondent number 1 declined the offer and accordingly the Board by its letter dated August 29, 1964 decided to grant him a higher initial pay of Rs.490 i.e. nine advance increments because of his previous experience.
250 600.
Wasi Ahmad, Madan Mohan, Brajesh Sahai, Amba Prasad and O.P. Sharma who are also number working as Superintending Engineers in the Electricity Board were Assistant Engineers in the Irrigation Power Department, were placed on deputation with the Board by the State Government from the year 1960 onwards.
On June 9, 1960 he was appointed Engineer Assistant Grade I in Indian Refinery Limited, Guwahati, after leaving the services of the M.P. Government.
He applied pursuant to such advertisement.
250 850 which meant that he was given nine advance increments as against two increments given to others.
