Khalid, J. - (1.) This appeal by special leave and the connected special leave petition and the writ petition directed against the judgment and order of the Allahabad High Court dated February 1, 1985, raise a question of construction of Regulation 7(iv)(b), U.P. State Electricity Board Service of Engineers (Integration and Seniority) Regulations, 1976, framed under S. 79(c), Electricity (Supply) Act, 1948. By the judgment, a Division Bench of the High Court has disallowed a batch of writ petitions seeking to quash an order of the U.P. Public Services Tribunal, Lucknow, dated April 3, 1978. Allowing a representation made by respondent 1, presently working as Superintending Engineer in the U.P. State Electricity Board, the Tribunal held that in terms of Regn. 7(iv)(b) of the Regulations, respondent I having been granted seven advance increments was entitled to the benefit of as many years of service as the number of advance increments given to him at the time of his recruitment. The High Court has upheld the order of the Public Services Tribunal. As a result, respondent 1 who figures at serial No. 12 in the integrated seniority list of Assistant Engineers (Civil) i.e. below other Superintending Engineers including the six petitioners in the connected special leave petition No. 8835/85, would take his place at serial No. 1 in the seniority list i. e. above them.
(2.) The short question involved in this appeal is whether respondent 1 on a proper construction was entitled to the benefit of as many years of service as the number of advance increments given to him at the time of his recruitment, as held by the Public Services Tribunal and the High Court. That turns on a construction of the amended Regn. 7(iv)(b) of the Regulations. Regulation 7(iv)(b) as originally framed provided: "While determining the seniority under Cls. (ii) and (iii) above, Engineers directly recruited by the Board before the commencement of these regulations shall be ,given advantage of as many years of service as is the number of advance increments which were allowed to them at the time of recruitment by the Board. In doing so, no officer shall however be given advantage beyond the date of his initial regular appointment in the Government department or other organisations." "On June 19, 1976 the Electricity Board in exercise of the powers under S. 79(c) of the Electricity (Supply) Act, 1948 purported to amend Regulation 7(iv)(b) of the Regulations to remove what is now said 'certain anamolies and to give effect to the intention of the Board in making the rule of seniority'. In the second sentence beginning with the words "In doing so", the words 'other organisations' were deleted and instead the words "U.P. or Central Government Department in consideration of the service for which advance increments were so allowed" substituted. In supporting the action taken it is asserted that the Board felt that the expression 'other organisations' in the unamended Regulation 7(iv) (b) was wide enough and was susceptible of a construction that in the matter of determination of inter se seniority direct recruits from the open market i.e. employed in private or non-governmental organisations would get the benefit of as many years of service as the number of advance increments granted to them at the time of their recruitment by reason of their special experience or qualifications. This was contrary to the spirit and intent with which Regulation 7(iv)(b) was framed. It is further asserted that the Board actually intended that the benefit should be had only by Engineers on deputation with the Board from the Central Government or the State Government whose services had been absorbed in the Board." The Board accordingly substituted the words 'U.P. or Central Government Department in consideration of the service for which advance increments were so allowed' for the words 'Government department or other orginisations' in Regn. 7(iv)(b). The amended Regn. 7(iv)(b) now provides: "While determining the seniority under Cls. (ii) and (iii) above, Engineers directly recruited by the Board before the commencement of these regulations shall be given advantage of as many years of service as is the number of advance increments which were allowed to them at the time of recruitment by the Board. In doing so, no officer shall however be given advantage beyond the date of his initial regular appointment in the U.P. or Central Government Department in consideration of the service for which advance increments were so allowed."
(3.) Put very briefly, the essential facts are these. By a Government resolution dated March 30, 1959 all the officers of State Government i.e. Civil Engineers and the Electrical and Mechanical Engineers of Irrigation and Power Department were transferred to U.P. State Electricity Board constituted under S. 5, Electricity (Supply) Act, 1948 which came into existence on April 1, 1959. The services of these officers were placed on deputation with the Board. In 1964 the Electricity Board issued an advertisement calling for applications for appointment to 20 posts of Assistant Engineer (Civil). It was indicated that a higher start would be allowed to candidates with special qualifications or experience and that the selected candidates were to become permanent on completion of. three years' probation. Among those selected was respondent 1 P. L. Kelkar who by reason of his previous experience was given a higher start of Rs. 490 in the scale of Rs. 250-850 which meant that he was given nine advance increments as against two increments given to others. Prior to his joining the Electricity Board, respondent 1 had varied experience in different governmental and other organisations. After obtaining his degree in Bachelor of Engineering in the year 1957, he was recruited as a Junior Engineer, Public Works Department (Building) of the State of Madhya Pradesh on a scale of Rs. 150-300. In 1959 he was promoted as Assistant Engineer, Department of Housing, Madhya Pradesh on a scale of Rs. 250-600. Thereafter on June 9, 1960 he accepted appointment as Engineering Assistant Grade I in the Indian Refinery Limited, Guwahati, A Government of India undertaking, on a scale of Rs. 300-525 after leaving the services of the State Government of Madhya Pradesh. On May 10, 1961, he left Government service to take up employment in the private sector as Assistant Civil Engineer with the Associated Cement Company Limited, Bombay on an initial salary of Rs. 305 per month with annual increments. After the interviews of the candidates held on August 17, 1964, the Board in its letter of appointment dated August 22, 1964 offered respondent 1 two advance increments and stated that his seniority vis-a-vis the other candidates selected for appointment would be determined later. It seems that respondent 1 declined the offer and accordingly the Board by its letter dated August 29,1964 decided to grant him a higher initial pay of Rs. 490 i.e. nine advance increments because of his previous experience. It may be mentioned here that the Board also granted a higher initial pay of Rs. 490 i.e. nine advance increments to Prakash Chandra Jain and Rs. 430 i.e. seven advance increments to Naresh Chandra Gupta.;