RAJASTHAN STATE ELECTRICITY BOARD, JAIPUR versus MOHAN LAL & ORS.

RAJASTHAN STATE ELECTRICITY BOARD, JAIPUR versus MOHAN LAL & ORS.

The Rajasthan State Electricity Board, constituted under the Electricity (Supply) Act, 1948, is 'other authority' under Article 12 of the Constitution and thus 'State'. Employees provisionally transferred to the Board and treated as permanent are entitled to equal consideration for promotion, and failure to do so violates Articles 14 and 16.

Parties
Appellant: Rajasthan State Electricity Board, Jaipur; Respondent No. 1: Mohan Lal; Respondent No. 2: State of Rajasthan; Respondent No. 3: Chief Engineer & Technical Member, Rajasthan State Electricity Board, Jaipur; Respondents: Respondents 4 to 14 (names not specified)
Jurisdiction
India
Judgment Date
03 April 1967
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Definition of 'state' Under Constitution Article 12, Equality in Public Employment Under Articles 14 and 16, Transfer and Status of Employees on Creation of Statutory Corporation
Constitutional Law Labour Law Administrative Law Definition of 'state' Under Constitution Article 12 Equality in Public Employment Under Articles 14 and 16 Transfer and Status of Employees on Creation of Statutory Corporation

Case Brief

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Parties

Rajasthan State Electricity Board, Jaipur

Appellant

Mohan Lal

Respondent No. 1

State of Rajasthan

Respondent No. 2

Chief Engineer & Technical Member, Rajasthan State Electricity Board, Jaipur

Respondent No. 3

Respondents 4 to 14 (names not specified)

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the Rajasthan State Electricity Board is 'State' under Article 12 of the Constitution of India
  2. 2 Whether employees provisionally transferred to the Electricity Board became permanent employees and were entitled to equal consideration for promotion
  3. 3 Whether promotion practices violated Articles 14 and 16 of the Constitution

Ratio Decidendi

The Rajasthan State Electricity Board, constituted under the Electricity (Supply) Act, 1948, is 'other authority' under Article 12 of the Constitution and thus 'State'. Employees provisionally transferred to the Board and treated as permanent are entitled to equal consideration for promotion, and failure to do so violates Articles 14 and 16.

Court Disposition

Appeal dismissed

Orders

  • Board to consider promotions afresh after taking into account the claims of respondent No. 1