Hansaria, J. - (1.) Kerala State Electricity Board, hereinafter the 'Board', had one common establishment prior to 1964. A need having been felt to have a separate and distinct establishment, named as secretariat establishment, the same came to be formed with effect from 1-4-1964, vide order of the Board dated 31-3-1964. With a view to ensure smooth functioning of the Secretariat Service so formed, the Board, in exercise of power conferred by section 79 (c)(k) of the Electricity (Supply) Act, made certain regulations which, inter alia, laid down the principle of inter se seniority in its clause VII reading as below:"VII. The inter se seniority of all categories of persons so appointed initially to the Secretariat will be determined and finalised with reference to the relative general seniority they held in the parent department and their services in the parent department will count for all purposes in the Secretariat Service also".
(2.) It was, however, felt that the separate service was not conducive to the smooth and efficient discharge of the administrative functions of the Board; and so, by order dated 14-1-1981 the separate and independent status of the Secretariat Service was brought to an end by making regulations called the Kerala State Electricity Board (Integration of Board Secretariat Establishment and General Establishment) Regulations, 1981. In these regulations the principle of seniority was laid down as below in clause 5(c): "5 (c). Subject to clause (f), relative seniority of persons drawn from the Secretariat Establishment and General Establishment including Accounts Wing and holding equated post shall be determined on the basis of their length of service in the cadre/category concerned at the time of integration".
(3.) This principle was amended to read as below by order of 7-11-1985: "(a) ********** (b) the relative seniority of persons drawn from the secretariat establishment and the general establishment including the Accounts Wing shall be determined based on their ranking in the advice list of the Kerala Public Service Commission or the Board, as the case may be, at the time of initial recruitment by the Kerala Public Service Commission or the Board to the respective establishments under the Board subject to the application of rules regarding obligatory departmental tests." This virtually required length of service to be taken note of for determining inter se seniority.;