Appeal No 144 of 1977
Appeal by Special leave from the Judgment and order dated the 2nd January 1976 of the Karnataka High Court in Writ Appeal No 430 of 1974
509 VN Satyanarayana K Rajendra Chowdhary and Veena Devi Mrs Khanna for the Appellant
SS JavaIi BP Singh and A K Srivastava for Re spondent
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 consider 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 was serving as an Accountant Grade II in the Electricity Department of the former State of Hyd erabad
On the reorganisation of the States in pursuance of the  he was allotted to the new State of Mysore now Karnataka with effect from 1st November 1956
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 now Karnataka State Electricity Board was constituted under the Indian Electricity Supply Act
An option was given to the respondent to continue in the Government service or to opt to the Board
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
In the year 1960 the Board framed Recruitment and Promo tions Regulations in the exercise of its powers conferred on it under section 79c of the Act
The Regulations were subsequently amended on 16th December 1966
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 SAS examination
On 30th December 1966 some persons junior to the respondent were promoted on their having passed the SAS examination while promotion was denied to the respondent as he had not passed the examination
The respondent made several representations one such representation being on 24th December 1970
On 21st November 1972 the respond ent s representations were rejected
The respondent there after filed a writ petition before the High Court on 13th February 1973
The learned Single Judge who heard the petition dismissed it and the respondent preferred an appeal to a Bench of the Karnataka High Court
On behalf of the appellant Karnataka Electricity Board it was contended before the court 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 no longer open to the respondent to rely on the Resolution dated 19th May 1969
The Bench of the Karnataka High Court held that the writ petition cannot 6 502SCI77 510 be thrown out on the ground of delay
On a consideration of the two Resolutions of the Board namely that of 19th May 1969 and 5th January 1970 it found that the respondent as an allottee was exempted from complying with the require ments of passing the examination and therefore allowed the writ petition
We do not see any ground for not accepting the view of the High Court that in the circumstances of the case the relief to the respondent should not be denied on the ground of delay and laches
The only ground therefore on which the order of the High Court was challenged by the appellant is that the court was in error in construing the relevant provisions of the Regulations and the Resolutions and holding that the re spondent is exempted from passing the SAS examination before qualifying for the promotion
Before referring to the two Resolutions the relevant provisions of the law and Regulations made thereunder may be referred to
The Elec tricity Supply Act 1948 by section 79 empowers the Board to make Regulations not inconsistent with the Act and the rules made thereunder to provide for all or any of the matters referred to in clauses a to k of the section Sub clause c empowers the Board to make Regulations re garding the duties of officers and servants of the Board and their salaries allowances and other conditions of service
By virtue of the powers conferred on the Board it framed Mysore State Electricity Board Recruitment and Promotion of Employees of the
Board Regulation 1960
The method of recruitment prescribed for promotion to Accounts Superin tendents is prescribed in Chapter V of Annexure 2
The method of recruitment is by promotion from the cadre of I Grade Clerks on the basis of seniority cum merit The minimum qualification prescribed is that the candidate ought to have passed SAS examination Part I and Part II
This provision which was enacted in 1960 continued to be in force during the relevant time
If this Regulation is applicable the respondent s plea has to be rejected as it is incumbent on him to pass the SAS examination
The Resolution of the Board relied on by the respondent is 19th May 1969 and the material paragraph runs as follows  It is hereby directed that the candi dates appointed to GovernmentBoard Service for the first time after the date of States Re organisation ie 1st November 1956 as they are not allottees should pass the De partmental Examinations and Kannada Language Tests for purposes of earning increments and for promotion
 The Resolution requires the passing of the examination and Kannada language test for the purpose of earning incre ments and for promotion for candidates appointed afterst November 1956
But as it is not made applicable to the allottees it is contended that the allottees are by impli cation exempted from passing the Departmental Examination I and Kannada language test
This contention cannot be ac cepted for the Resolution is silent regarding the allottees and is not made applicable to them
It is not possible to infer from the Resolution that the 511 allottees are exempted from passing the Departmental Exami nation and the Kannada language test
the Resolution was  passed by the Board in pursuance of certain proceedings of the Government referred to in the Resolution itself
Paragraph 2 of the Resolution reads thus Approval is accorded for the adoption of the Government Order Nos
1 GAD 123 SSH 65 dated 21 11 1966 2 GAD dated 3 8 1957 and 3 GAD dated 20 7 1968
 The three Government orders referred to in the Resolution relate to the requirement of passing of the Departmental Examination and Kannada language test as a consequence of the judgment of the High Court of Mysore and the Supreme Court
The  orders specifically states that unless
in the Recruitment Rules relating to the service concerned Depart mental Examination had been incorporated and prescribed and unless it is clearly specified for what purpose the tests are prescribed viz whether for increments or promotions the passing of Departmental tests cannot be legally insist ed upon for grant of increments or for according promotion to higher posts
The three Government orders make it clear that the relaxation of the rule relating to passing of the Departmental Examinations and Kannada language test is only as regards services where the rules do not specifically require the passing of the examinations and the language test
These GOs do not apply in the present case as the Regulations framed by the Board under section 79c specifi cally prescribe the passing of the SAS test
We are unable to construe the Resolution dated 19th May 1969 as exempting the allottees from passing the test
In any event the plea of the respondent will have to fail on the ground that the Regulations framed under section 79c of the Board requiting the passing of the examination was not relaxed by amending the Regulations
The passing of the Resolution by the Board cannot have the effect of modifying a Regulation which was passed by the Board in the exercise of the powers conferred by the statute
Apart from this circumstance by a subsequent Resolution the Board itself considered the ques tion in all its aspects and resolved that passing of the SAS examination for promotion to the cadre of Accounts Superintendents as before be insisted
Whatever might have been the purport of the Resolution dated 19th May 1969 the Board by a subsequent Resolution had resolved on insisting on the passing of the examination
The High Court found that the later Resolution did not affect the earlier Resolu tion on the ground that the subsequent Resolution did not make any reference to the earlier Resolution and that there is no reference to the allottees at all
Relying on the words the passing of the SAS Examination for promotion to the cadre of Accounts Superintendents as before be in sisted the court found that it would mean that where the passing of the SAS Examination was insisted prior to that Resolution in the same shall continue to be insisted in future also and if passing of the SAS Examination was not insisted prior to that Resolution in the case of allot tees for promotion to the cadre of Accounts Superintendents
The Resolution dated 5th January 1970 cannot be understood as altering the position existing as before
This reasoning is 512 erroneous for as pointed out by us the earlier Resolution was not intended to cover the case of allottees and merely because the allottees were excluded from the operation of the Resolution the inference that the allottees were exempt ed from the passing of the  examination is not justified
Further before the Resolution there is nothing to indicate that the allottees were not required to pass the examina tion
The conclusion of the High Court cannot be upheld as the binding nature of the Regulations passed by the Board under section 79c has not been taken due note of
This is the view taken by the Single Judge of the High Court
In the result we allow the appeal set aside the judg ment of the lower appellate court and restore that of the Single judge
There will be no order as to costs
PHP Appeal allowed


Summary:
The respondent was serving as an Accountant in the Electricity Department of the former State of Hyderabad
On the reorganisation of the States in pursuance of the  he was allotted to the new State of Mysore with effect from 1st November 1956
Option was given to the respondent to continue in the Government serv ice or to opt to the BOard
On 1st October 1957 the re spondent opted to the service under the Board and ceased to be an employee of the Government with effect from that date
In 1960 the Board framed Recruitment and Promotion Regula tion in exercise of its powers conferred under section 79c of the Indian Electricity Supply Act 1948
The regulations were subsequently amended on 16121966
The amended The regulations prescribed that the posts of Accounts Super intendents were to be filled on the basis of seniority cum merit on their having passed SAS examination
In December 1966 some persons junior to the respondent were promoted on their having passed the SAS examination while promotion was denied to the respondent as he had not passed the examina tion
After the respondent s representations were rejected he filed a Writ Petition
The Single Judge dismissed the Petition
The Division Bench refused to throw out the Writ Petition on the ground of delay
It found on consideration of the two resolution of the Board one dated 1951969 and another dated 511970 that the respondent being an allottee was exempted from complying with the requirements of passing the examination
Allowing the appeal
HELD 1 The Division Bench rightly refused to deny relief to the respondent on the ground of delay and laches
510 B 2 Section 79 of the Act empowers the Board to make regulations not inconsistent with the Act and rules made thereunder to provide for all or any of the matters referred to hi cls
a to k of the section
Sub section
c empowers the Board to make regulations regarding the duties of offi cers and servants of the Board and their salaries allow ances and other conditions of service
By virtue of the said powers the Board framed Mysore State Electricity Board Recruitment and Promotion of Employees of the Board Regula tions 1960
The minimum qualification prescribed is pass ing of SAS examination
The resolution
of the Board dated 1951969 merely provides that the candidates appointed to the Government Board services for the first time after 1st November 1956 must pass the department examination for purposes of earning increments and promotion
The said resolution does not deal with cases of allottees
It is silent about allottees and therefore it is not possible to infer from that resolution that the allottees were exempted from passing the departmental examination
In any case the passing of the resolution cannot have the effect of relax ing statutory regulations
Apart from that by the subse quent resolution of 1970 the Board made it absolutely clear that the SAS examination had to be passed
510 C D G H 511 E F