- (1.) Respondents 1 to 4, in the appeal herein, challenged the validity of Regulations 96-A(1) and 96-B(1) of the Tamil Nadu Electricity Board Services Regulations on the ground that the same were violative of Articles 14 and 16 of the Constitution of India. The two Regulations were inserted by way of an amendment on 21/3/1980 but were made operative with retrospective effect from 30/4/1979. The Regulations read as under: "96-A.(1 Notwithstanding anything contained in these regulations where a member belonging to the category of Junior Assistant, Junior Auditor and Storekeeper Grade II who has put in 12 years of service in that category and is unable to pass the account test for Subordinate Officers Part I, after making at least three attempts, such member may be considered for promotion to the next higher category in every fifth vacancy. (2 * * * (3 * * * 96-B. (1 Notwithstanding anything contained in these Regulations, where an Assistant employed in the systems and other Subordinate Officers of the Board who has put in fifteen years of service in that category and is unable to pass the examination in Accountancy Lower Grade after making at least three attempts, such Assistant may be considered for promotion to the next higher category in every fifth vacancy.
(2.) The High court came to the conclusion that there was no justification to make the above-quoted Regulations operate retrospectively. It was rightly held that Section 79 of the Electricity Supply Act. 1948 did not permit the delegate to make subordinate legislation with retrospective effect. SO far as the validity of the above Regulations on the anvil of Articles 14 and 16 was concerned it was held that granting exemption from passing the test to persons who have failed In the examination for three times would be arbitrary on the face of it. We agreewith the High court that by permitting thrice-failed candidate to be considered for promotion by exempting the test would amount to give premium to inefficiency. We see no ground to interfere with the impugned judgment of the High court. We agree with the reasoning and the conclusion reached therein. The Civils are dismissed. No costs.;