Case Note & Summary
The petitioners, employees of the Tamil Nadu Electricity Board, filed writ petitions under Article 226 of the Constitution of India challenging Regulation 97 of the Tamil Nadu Electricity Board Service Regulations as unconstitutional, arbitrary, and ultra vires. The petitioners sought a declaration that Regulation 97 is null and void. The court considered the submissions of the petitioners' counsel, Mr. Suriya Prakash, and the respondents' counsel, Mr. K. Rajkumar, Standing Counsel for TNEB. The court examined the regulation and found that it provides for promotion based on seniority and merit, which is a valid and reasonable classification. The court held that Regulation 97 is not arbitrary or unconstitutional and is within the rule-making power of the Board. The court dismissed the writ petitions, upholding the validity of Regulation 97.
Headnote
A) Constitutional Law - Service Regulations - Validity of Regulation 97 - Tamil Nadu Electricity Board Service Regulations, Regulation 97 - Challenge to Regulation 97 as unconstitutional and arbitrary - Court held that Regulation 97, which provides for promotion based on seniority and merit, is not arbitrary or unconstitutional and is within the rule-making power of the Board (Paras 1-8).
Issue of Consideration
Whether Regulation 97 of the Tamil Nadu Electricity Board Service Regulations is unconstitutional, arbitrary, and ultra vires.
Final Decision
The writ petitions are dismissed. Regulation 97 of the Tamil Nadu Electricity Board Service Regulations is upheld as constitutional and not arbitrary.
Law Points
- Constitutional validity of service regulations
- Promotion policy
- Seniority and merit
- Article 226
- Regulation 97 of TNEB Service Regulations
Case Details
2026 LawText (MAD) (06) 143
W.P.Nos.50345 to 50347 of 2006
S. M. Subramaniam, R.Sakthivel
Mr.Suriya Prakash for Mr.R.Santhanam (for petitioners), Mr.K.Rajkumar (Standing Counsel for TNEB for R1 to R3), Mr.R.Yashodvardan (Senior Counsel for Mr.Sundar Narayanan for R5)
S.Ramesh, J.Shanthibushan, K.Ammu
The Chairman, Tamil Nadu Electricity Board; The Tamil Nadu Electricity Board; The Chief Engineer / Personnel; The General Secretary, TNEB Engineers’ Association; TNEB Engineers Sangam; M.Sankar; M.Shankarganesh; S.Ramesh
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Nature of Litigation
Writ petitions under Article 226 of the Constitution of India challenging the constitutional validity of a service regulation.
Remedy Sought
Declaration that Regulation 97 of the Tamil Nadu Electricity Board Service Regulations is unconstitutional, arbitrary, and ultra vires, and to declare it null and void.
Filing Reason
The petitioners, employees of TNEB, challenged Regulation 97 as unconstitutional and arbitrary.
Issues
Whether Regulation 97 of the Tamil Nadu Electricity Board Service Regulations is unconstitutional, arbitrary, and ultra vires.
Submissions/Arguments
Petitioners argued that Regulation 97 is unconstitutional and arbitrary.
Respondents argued that Regulation 97 is valid and within the rule-making power of the Board.
Ratio Decidendi
Regulation 97 of the Tamil Nadu Electricity Board Service Regulations, which provides for promotion based on seniority and merit, is not arbitrary or unconstitutional and is within the rule-making power of the Board.
Judgment Excerpts
Regulation 97 of the Tamil Nadu Electricity Board Service Regulations is not arbitrary or unconstitutional.
Procedural History
Writ petitions filed in 2006. R5 impleaded as per order dated 11.01.2007. R6 to R8 impleaded as per order dated 24.03.2017. Judgment delivered on 25.06.2026.
Acts & Sections
- Constitution of India: Article 226
- Tamil Nadu Electricity Board Service Regulations: Regulation 97
