The Regulations were subsequently amended on 16th December, 1966.
the Resolution was passed by the Board in pursuance of certain proceedings of the Government referred to in the Resolution itself.
On behalf of the appellant, Karnataka Electricity Board, it was companytended before the companyrt that the writ petition ought to be dis missed on the ground of inordinate delay and laches on the part of the respondent and also on the ground that in view of the later Resolution of the Board dated 5th January, 1970, it was numberlonger open to the respondent to rely on the Resolution dated 19th May, 1969.
On 21st November, 1972, the respond ents representations were rejected.
On 30th December, 1966, some persons junior to the respondent were promoted on their having passed the S.A.S. examination while promotion was denied to the respondent as he had number passed the examination.
Appeal by Special leave from the Judgment and order dated the 2nd January, 1976 of the Karnataka High Court in Writ Appeal No.
The learned Single Judge who heard the petition dismissed it and the respondent preferred an appeal to a Bench of the Karnataka High Court.
The Bench of the Karnataka High Court held that the writ petition cannot 6 502SCI/77 be thrown out on the ground of delay.
The amended Rules prescribed that the posts of Accounts Superintendents were to be filled by promotion of I Division Clerks on the basis of seniority cum merit on their having passed Part I and II of the S.A.S. examination.
On the reorganisation of the States in pursuance of the States Reorganisation Act, 1956, he was allotted to the new State of Mysore number Karnataka with effect from 1st November, 1956.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Judgment of the Court was delivered by KAILASAM, J. This appeal is by the Karnataka Electrici ty Board by its Secretary by Special leave granted by this Court against the judgment of the Karnataka High Court allowing the writ petition filed by the respondent and issuing a writ of mandamus to the appellant to companysider the case of the respondent for promotion as an Accounts Superin tendent as on 30th December, 1966, and to promote him to that post with effect from that date.
The respondent made several representations one such representation being on 24th December, 1970.
N. Satyanarayana, K. Rajendra Chowdhary and Veena Devi Mrs. Khanna for the Appellant.
The respondent was serving as an Accountant, Grade II, in the Electricity Department of the former .State of Hyd erabad.
The respondent there after filed a writ petition before the High Court on 13th February, 1973.
S. JavaIi, B.P. Singh and A. K. Srivastava for Re spondent.
The post which he held came to be equated with that of I Division Clerk in the former State of Mysore.
On 1st October, 1957, the Mysore State Electricity Board number Karnataka State Electricity Board was companystituted under the Indian Electricity Supply.
In the year 1960 the Board framed Recruitment and Promo tions Regulations in the exercise of its powers companyferred on it under section 79 c of the Act.
144 of 1977.
430 of 1974.
On 1st October, 1957, the respondent opted to the Service under the Board and ceased to be an employee of the Government with effect from that date.
An option was given to the respondent to companytinue in the Government service or to opt to the Board.
