- (1.) This appeal by special leave is directed against the order passed by the Division Bench of the Madras High Court dated 20th April, 2006 whereby the Division Bench has affirmed the order passed by the learned Single Judge where the learned Single Judge has struck down Note 3 of the Tamil Nadu Electricity Board Service Regulation, 1967 (hereinafter referred to as the "Regulations") and directed that all the persons who were appointed Helpers may be considered for the post of Junior Assistant and other administrative posts. Aggrieved against the said order of the Division Bench, the present Special leave Petition has been filed.
(2.) For disposal of this appeal, it is necessary to refer a few facts: Petition No. 3314 of 1993 was filed by the Tamil Nadu Electricity Board Thozhilalar Aykkiya Sangam, represented by its General Secretary praying that Note 3 of the Regulation may be declared as ultra vires being violative of Articles 14 and 16 of the Constitution.
(3.) The grievance of the Sangam was that the classification of candidates, holding I.T.I. Certificates and who have got National Trade Certificate/National Apprenticeship Certificate (NTC)/NAC) and recruited as Helpers in Regular Works Establishment CREW) as a distinct class is not based on any intelligible differentia, which has rational nexus to the objective of selection to the post of Junior Assistant/Assessors, etc. It is also their grievance that in view of the above mentioned Note 3, the members of their Association are debarred from applying for the post of Junior Assistant along with other similarly placed candidates, possessing lesser qualification.;