K. LAKSHMA AND OTHERS Vs. ANDHRA PRADESH STATE ELECTRICITY BOARD AND OTHERS

JUDGEMENT

(1.) What is the true content and scope of the power conferred by Regulation 41, Andhra Pradesh State Electricity Beard Service Regulations, made in exercise of the powers conferred by clause (c) of Section 79, Electricity (Supply) Act. 1948, by the Andhra Pradesh Electricity Board is the question that poses itself for a decision in these writ appeals.

(2.) The facts and circumstances giving rise to the question lie in a narrow compass and may be made plain at the outset.

(3.) The Andhra Pradesh State Electricity Board hereinafter referred to as the "Board" is a statutory Corporation constituted under Sec. 5. Electricity (Supply) Act, 1948, hereinafter called as "Act". Under S. 79 (c) of the Act. the Board is conferred powers to make regulations providing for the salaries, allowances and conditions of service of its officers and other employees. In exercise of the power so conferred, the Board made the Andhra Pradesh State Electricity Board Service Regulations. The said regulations came into force from 1-4-70. Under regulation 10 of Part-II the order of method of recruitment to any class or category shall be by direct recruitment and by transfer. The temporary appointments and promotions of a person otherwise than in accordance with the provisions of the regulations shall be made, where it is necessary in the interests of administration to fill up a vacancy in the post and the appointment or such promotion would involve excessive expenditure on travelling allowance or exceptional administrative inconvenience. Note (1) appended to regulation 14 provides that every person . appointed or promoted under Clause (a) (1) of regulation 14 who does not possess the qualification shall be replaced as soon as possible by a person possessing the prescribed qualifications. Regulation 17 prescribes special qualifications for appointment to any class of service, category or grade. Regulation 17 reads: