Case Note & Summary
The case involves a dispute over the integrated seniority list of Lower Division Clerks (LDCs) and Typists in the Andhra Pradesh State Electricity Board (APSEB). The appellants, LDCs, challenged a Memo dated 16.07.2002 which clarified that the training period of LDCs/RCs would be counted as service for promotion to Upper Division Clerks (UDCs). The appellants argued that the Memo was contrary to Regulation 26 of the AP State Electricity Board Service Regulations and that seniority should be fixed as per that regulation. The respondents, who were appointed as LDCs in February 1991 and required to undergo three months training, contended that the Memo was a valid follow-up of an earlier Memo dated 02.04.1994 issued under Section 79 of the Electricity Supply Act, 1948. The Single Judge of the High Court had declared the Memo illegal, but the Division Bench reversed that decision. The Supreme Court upheld the Division Bench's judgment, holding that there is no regulation dealing with integrated seniority list, and the Memo dated 02.04.1994 was a valid exercise of power under Section 79. The Court noted that Regulation 26 does not deal with inter se seniority, and the training period must be included to avoid hardship to LDCs. The appeals were dismissed.
Headnote
A) Service Law - Integrated Seniority - Validity of Memo - The issue was whether Memo dated 16.07.2002 clarifying that training period of LDCs/RCs would be reckoned as service for promotion to UDCs was valid. The Supreme Court held that there is no regulation dealing with integrated seniority list, and the Memo dated 02.04.1994 issued under Section 79 of the Electricity Supply Act, 1948 was a valid exercise of power. The Memo dated 16.07.2002 was only a follow-up and did not conflict with Regulation 26. (Paras 5-9) B) Service Law - Seniority - Training Period - The Court held that LDCs required to undergo training before probation cannot have their seniority counted from the date of joining after training, as it would cause hardship. The training period is to be included for seniority purposes. (Para 6) C) Electricity Law - Power to Issue Regulations - Section 79 of the Electricity Supply Act, 1948 - The Board has power to issue regulations in the form of notifications. The Memo dated 02.04.1994 was issued under this power and is valid even if not published in the Gazette, as there was a reasonable basis for exercising discretion under Regulation 25(a). (Paras 5, 8)
Issue of Consideration
Whether the Memo dated 16.07.2002 and the integrated seniority list prepared thereunder are valid and consistent with Regulation 26 of the AP State Electricity Board Service Regulations.
Final Decision
The Supreme Court dismissed the appeals, upholding the Division Bench judgment that Memo dated 16.07.2002 is valid and does not conflict with Regulation 26. The integrated seniority list prepared thereunder is upheld.
Law Points
- Integrated seniority list
- Regulation 26
- Section 79 Electricity Supply Act
- 1948
- Training period counted as service
- Executive instructions vs statutory regulations
