IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.12.2010 Coram The Hon'ble Mr. Justice S.NAGAMUTHU W.P.Nos.43061 of 2002, 28486 of 2003, 39659 and 39660 of 2004 and 4471 of 2005 and W.P.M.P.Nos.733 and 734 of 2007, 884 and 885 of 2008 and 464 of 2008 Tamil Nadu Electrical Workers Federation rep. By its President K.Jayachandran .. Petitioner in W.P.No.43061 of 2002 1.D.Ravichandran 2.G.Sivaraj 3.R.Arumugam 4.V.K.Balakrishnan 5.R.Muthusamy 6.M.Maruthiah 7.K.Muthu 8.V.Marimuthu 9.S.Ramalingam 10.A.K.Prabakar 11.T.Madhusoothanan 12.S.Manickam 13.S.Gunanayagam 14.P.Inbasekaran 15.A.Chandrasekaran 16.R.Selvam 17.K.Veeraperumal 18.R.Sornappa 19.K.N.Govindaraman 20.V.Sankar 21.K.Tamilvanan 22.I.Rajendran 23.A.Manoharan 24.R.Arunkumar 25.P.Mahalingam 26.M.Karuppusamy 27.M.Baskaran 28.K.Babu 29.D.Radhakrishnan 30.V.Nagarajan https://hcservices.ecourts.gov.in/hcservices/ 31.A.Velumayil 32.R.Ravichandra Gowthaman 33.V.S.Cholan 34.R.Thayumanavan 35.T.Nagarajan 36.Mubarak Ali 37.C.Rajendran 38.T.Pushparaj 39.A.Sriram 40.S.Shakthivel .. Petitioners in W.P.No.28486 of 2003 1.K.Vijayalakshmi 2.N.Manimaran .. Petitioners in W.P.No.39659 of 2004 1.Y.G.Raghuraman 2.S.Santhakumar .. Petitioners in W.P.No.39660 of 2004 V.Janarthanam .. Petitioner in W.P.No.4471 of 2005 Vs 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, 10th Floor, N.P.K.R.R.Maaligai, Chennai. 2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 800, Anna Salai, 8th Floor, N.P.K.R.R.Maaligai, Chennai. ..Respondents 1 & 2 in WP No.43061/2002 & WP No.4471/2005 3.TNEB Engineers Sangam rep. By its General Secretary 793 Anna Salai, Chennai-2. ..3rd Respondents in W.P.No.43061 of 2002 (R3 impleaded vide order dated 24.11.2010 in W.P.M.P.No.720 of 2009) https://hcservices.ecourts.gov.in/hcservices/ 1.Tamil Nadu Electricity Board rep. By its Secretary, 800, Anna Salai, Chennai – 2. 2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 800, Anna Salai, Chennai – 2. .. Respondents in W.P.Nos.28486 of 2003 1.The Tamil Nadu Electricity Board rep. By the Chairman, No.800, Anna Salai, 10th Floor, N.P.K.R.R.Maaligai, Chennai – 2. 2.The Secretary (Secretariat Branch), Tamil Nadu Electricity Board, No.800, Anna Salai, 8th Floor, N.P.K.R.R.Maaligai, Chennai – 2. 3.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, No.800, Anna Salai, 8th Floor, N.P.K.R.R.Maaligai, Chennai – 2. .. Respondents in W.P.Nos.39659 and 39660 of 2004 Prayer in W.P.No.43061 of 2002: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records on the file of the second respondent in connection with his proceedings Memo No.102562/154/93/631/2001-50 dated 12.11.2002 and quash the same and consequently direct the respondents to include the name of the petitioner federation members who are eligible candidates under feeder category I and promote them to the post of Junior Engineer (Ele) II grade. Prayer in W.P.Nos.28486 of 2003, 39659 and 39660 of 2004: Petitions filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records from the first respondent relating to BP(FB) No.17 dated 05.07.2003 in so far as excluding the diploma holders in the equivalent cadre to that of Technical Assistant/Draughtsmen for promotion to the post of Junior Engineer/Electrical Grade II against the quota meant for diploma holders, quash the same and consequently https://hcservices.ecourts.gov.in/hcservices/ direct the respondents to promote the petitioners as Junior Engineer/Electrical Grade II with effect from the dates on which similarly placed Technical Assistant/Draftsmen are promoted with all consequential benefits. Prayer in W.P.No.4471 of 2005: Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the first respondent's impugned order made in B.P.(FB) No.17 (Secretarial Branch) dated 05.07.2003 to quash the same in so far as it is made applicable retrospectively to the vacancies caused prior to the abvoe issue and to consequently direct the respondents to promote the petitioner as Junior Engineer Electrical Grade II from the date on which his immediate junior was promoted as such with all other benefits both service and monetary. For Petitioners .. Ms.T.Ananthi in W.P.No.43061 of 2002 Mr.V.Ajay Khose in W.P.No.28486 of 2003 Mr.S.N.Ravichandran in W.P.Nos.39659 and 39660 of 2004 Mr.L.Chandrakumar in W.P.No.4471 of 2005 For Respondents .. Mr.M.Vaidyanathan for TNEB in all the W.Ps Mr.R.Yashod Vardhan, Sr. Counsel for Mr.R.Sunil Kumar for R3 in W.P.No.43061 of 2002 COMMON ORDER In all these writ petitions, B.P.(FB) No.17 (Secretarial Branch) dated 05.07.2003 issued by the Tamil Nadu Electricity Board, amending Tamil Nadu Electricity Board Service Regulations is under challenge. 2.The petitioners are all diploma holders in Electrical and Electronics Engineering. They have been working in the regular work establishment of the Tamil Nadu Electricity Board. As per B.P.(F.B.) No.33 Administrative Branch dated 04.04.1987, the petitioners being diploma holders are eligible for promotion to the next post viz., Junior Engineer (Electrical) Grade II. Several such persons, who were diploma holders, working in the work establishment were all promoted as Junior Engineer (Electrical) Grade II. But suddenly, according to the petitioners, the impugned board proceedings was brought in, https://hcservices.ecourts.gov.in/hcservices/ thereby amending the regulation. As per the said amended provision, promotion of diploma holders holding the post of Technical Assistant (Electrical), Senior Draughtsmen and Draughtsmen on common seniority basis are placed in a better position i.e. out of every four vacancies arising, three vacancies shall be reserved for diploma holders and one vacancy for regular work establishment category. As per this amended provision, the diploma holders who are not Technical Assistants (electrical) or Senior Draughtsmen or Draughtsmen of common seniority basis are not eligible to compete as against three vacancies out of every four vacancies. They can compete only against the rest of one vacancy out of four vacancies. Thus, according to the petitioners, as per the amended provision, they are deprived of competing against all the four vacancies. Challenging the said amendment, on the ground that it is highly unreasonable and violative of Article 14 of the Constitution of India, they have come up with these writ petitions. 3.At the outset, let us have a look into the relevant provisions of the service regulations which covers the various categories of posts in the Tamil Nadu Electricity Board. Regulation 88 of the Service Regulations deals with constitution of various classes and categories and grades of employees in Tamil Nadu Electricity Board. Division IX of Regulation 88 deals with "Regular Work Establishment". As per the said regulation, there are as many as 121 posts which fall within the category of "Regular Work Establishment". This includes the Technical Assistants (Electrical), Senior Draughtsmen, Draughtsmen, Foreman Grade I, Line Inspector etc., As per the unamended regulation, the next avenue of promotion for these employees falling within the category of "Regular Work Establishment" shall be to the post of Junior Engineer (Electrical) Grade II. A common seniority list was maintained, for all these 121 categories falling within the Regular Work Establishment. 4.As per Annexure-I referred to in Regulation 92 of the Service Regulations, the post of Junior Engineer (Electrical) Grade II shall be filled up either by direct recruitment or appointment from Regular Work Establishment employees. The qualification for the said post prescribed in the said provision are as follows: "(i)must not have completed or crossed 32 years of age on the first day of July of the year in which the selection for appointment is made in the case of direct recruits. 2(a). A diploma in L.E.E. issued by the Technological Diploma Examination Board, Chennai or equivalent qualification; and (b)Practical experience in maintenance or erection or construction work for a period of not less than two years https://hcservices.ecourts.gov.in/hcservices/ in the Government Electricity Department/Tamil Nadu Electricity Board or three years elsewhere. Note1: for the purpose of direct recruitment to the post of Junior Engineer (Electrical) Grade II half the total period of service rendered as Draughtsman (Grade I, Grade II or Grade III) in the Government Electricity Department/Tamil Nadu Electricity Board will be counted as practical experience. Note2: The practical experience prescribed is not necessary in the case of a person possessing the B.E. Degree qualification of the Chennai or Annamalai University or any other recognised University. (3) Subject to the following conditions, a pass in Sections A and B of the A.M.I.E. (Ind.) Examination with Electrical Engineering (General) and any two of the following subjects under Section B as optional or additional subjects: (i)Electric Supply and Power Distribution (ii)Electric Machinery (iii)Electrical Installation (iv)Electrical Measurements (v)Thermodynamics and Heat Engines (Steam and Internal Combustion) (vi)Hydro Electricity (vii)Hydraulics or Hydraulic Machinery (a)should furnish evidence of having undergone practical training in "Surveying" for at least one year, or hold the Upper Subordinate or L.C.E. Diploma of the College of Engineering, Guindy or any other qualification recognised as equivalent thereto; and (b)Should have had practical experience in erection, maintenance or construction work for a period of not less than one year after, passing Sections A and B of the A.M.I.E. (Ind.) Examination." 5.There is no dispute that the petitioners are all diploma holders in L.E.E. and they also claimed that they have got other practical experience etc., and so according to them, they were all qualified for being considered as per the common seniority for promotion to the post of Junior Engineer (Electrical) Grade II. 6.As per the impugned board proceedings, the Annexure I referred to in Regulation 92 is sought to be amended as follows: (i)Under the heading "CLASS-III", and under sub- heading "Division-I" for the entry in Column (3) against https://hcservices.ecourts.gov.in/hcservices/ the "Category-3" in Column (1) and the entry Junior Engineer (Electrical) II Grade in Column (2), the following entry shall be substituted, namely:- "Promotion from the diploma holders holding the post of Technical Assistant (Electrical), Senior Draughtsman and Draughtsman on common seniority basis. Out of every four vacancies arising, three vacancies shall be reserved for diploma holders and one vacancy for Regular Work Establishment category;" (ii)For the "Note" below the entries relating to "Category-3" the following Notes shall be substituted, namely:- "Note-1: The Senior Draughtsman and Draughtsman with necessary qualification and experience shall be eligible for consideration to be promoted as Junior Engineer (Electrical) II Grade, on exercising option for such appointment. Once option for such appointment is exercised, they shall not be eligible for promotion in their former cadre (Draughtsman cadre). Note-2: The posts reserved for Regular Work Establishment category shall be filled up from the holders of posts in Foreman I Grade, Line Inspector and equivalent categories under Division IX, Class-III, who are holders of completed SSLC issued under the authority of the Government of Tamil Nadu or equivalent qualification and who possess not less than six years of practical experience in Electrical Engineering in the Tamil Nadu Electricity Board. The regulation relating to educational qualification shall not apply to the persons appointed under this provision: (2)In Annexure-III (referred in Regulation 94), in the Table for the entries in Column (2) and (3) against the post "Junior Engineer (Electrical) II Grade" in Column (1) the following entries with a Note shall respectively be substituted, namely:- Appointment by promotion (1)Diploma in Electrical Engineering (or) Diploma in Electrical and Electronics Engineering (or) Diploma in Electronics and Communication Engineering (or) Diploma in Instrumentation Technology (or) Diploma in Computer Science and Engineering (or) equivalent thereto. https://hcservices.ecourts.gov.in/hcservices/ And (2)Practical experience in Maintenance or Erection or Construction work for a period of not less than 2 years in Tamil Nadu Electricity Board. Note:- In respect of promotion to the post of Junior Engineer (Electrical) II Grade from the posts of Senior Draughtsman and Draughtsman with diploma qualification, half the total service rendered as Assistant Draughtsman, Draughtsman and Senior Draughtsman will be counted as practical experience." 7.According to the petitioners, now a special classification is made among the employees working in various categories in the Regular Work Establishment by reserving three vacancies out of every four vacancies and the others have to compete for the lone vacancy. This, according to the petitioners is an unreasonable classification, which offends the equality clause in Article 14 of the Constitution of India. 8.In para 13 of the counter filed by the respondents/Tamil Nadu Electricity Board, it is stated as follows: "13.I respectfully submit that as there was no specific provision to consider those who acquired the diploma qualification subsequent to the formation of this separate cadre, the R.W.E. Employees in the categories of Foreman I Grade, Foreman II Grade, Commercial Inspector and Line Inspector, can be considered for promotion to the post of Junior Engineer/Electrical II Grade only against the fourth vacancy reserved for non-diploma holders." 9.Except the above, there is no other explanation offered by the respondents as to why such a classification is made. As rightly pointed out by the learned counsel for the petitioners, in all respects, the employees working in various categories falling under the Regular Work Establishment are equal. If there is a classification made between the engineering graduates and diploma holders or between diploma holders and ITI Certificate holders, then it can be considered as reasonable classification. But in this case, the classification has been made among the diploma holders working under various categories. Absolutely, nothing has been brought on record to show as to in what manner the Technical Assistants (Electrical), Senior Draughtsmen and Draughtsmen are superior as against others like the petitioners who fall under the other categories in the Regular Work Establishment. When common seniority https://hcservices.ecourts.gov.in/hcservices/ list has been all along maintained, when similarly placed persons who are working in this category have already been promoted as per B.P. MS (FB)No.33 (Admn. Branch) dated 04.04.1987, I am at a loss to find any intelligible differentia to make a special classification among the diploma holders who hold various posts under the Regular Work Establishment. In such view of the matter, I have no hesitation to hold that the impugned Board Proceedings which makes further classification as indicated above, is violative of Article 14 of the Constitution of India and therefore, the same is liable to be struck down. 10.But the learned counsel for the third respondent in W.P.No.43061 of 2002 viz., TNEB Engineers Sangam would rely on the judgment of the Hon'ble Supreme Court in Tamil Nadu Electricity Board and Another Vs. Tamil Nadu Electricity Board Thozhilalar Aykkiya Sangam ( (2008) 3 SCC 359). That was a case where the classification was made between the staff working in the administrative side and technical side. Finding that it was a reasonable classification, the Hon'ble Supreme Court held that it is the prerogative of the Board to decide as to what shall be the channel of promotion for technical and non-technical persons. But in the case on hand, all these employees working in various categories in the Regular Work Establishment are technical persons. Further the promotion to the post of Junior Engineer (Electrical) Grade II is to be given only to those persons who are holding diploma in Electrical Engineering. When that be so, I do not find any reason as to why there is further classification among such diploma holders. As I have already stated, nothing has been stated as to why such a classification is made by the Board by amending the regulations. Of course, it is the prerogative of the Board to make any amendment to the regulations. But at the same time, the regulation shall not be allowed to be amended so as to offend the equality clause enshrined in Article 14 of the Constitution of India. 11.In such view of the matter, all these writ petitions are allowed and B.P.(FB) No.17 dated 05.07.2003 is quashed. It is further directed that the diploma holders who are the petitioners in these cases, who are eligible for promotion shall be considered for promotion as on the date when their immediate juniors were promoted. Consequential orders shall be passed by the respondents/Tamil Nadu Electricity Board, within a period of six months from the date of receipt of a copy of this order. No costs. Consequently connected miscellaneous petitions are closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar https://hcservices.ecourts.gov.in/hcservices/ mmi To 1.The Chairman, Tamil Nadu Electricity Board, 800, Anna Salai, 10th Floor, N.P.K.R.R.Maaligai, Chennai. 2.The Chief Engineer (Personnel), Tamil Nadu Electricity Board, 800, Anna Salai, 8th Floor, N.P.K.R.R.Maaligai, Chennai. 3.The Secretary (Secretariat Branch), Tamil Nadu Electricity Board, No.800, Anna Salai, 8th Floor, N.P.K.R.R.Maaligai, Chennai – 2. 4.The Secretary, Tamil Nadu Electricity Board 800, Anna Salai, Chennai – 2. +1cc to Mr.V.Ajoykhose Sr 90383 +1cc to Mr.S.N.Ravichandran, Sr 90603 +1cc to Mr.L.Chandrakumar, Sr 90831 BS(CO) km/3.1. W.P.Nos.43061 of 2002, 28486 of 2003, 39659 and 39660 of 2004 and 4471 of 2005 https://hcservices.ecourts.gov.in/hcservices/