ALL INDIA NHPC DIPLOMA ENGINEERING COUNCIL Vs. NATIONAL HYDROELECTRIC POWER CORP LTD
HIGH COURT OF JAMMU AND KASHMIR
All India Nhpc Diploma Engineering Council
National Hydroelectric Power Corp Ltd
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R.C.GANDHI, J. -
(1.) THESE appeals are identical in facts and law and are being disposed of by a common order.
(2.) LPA (SW) No: 172/97 is directed against an order dated 9 -4 -1997 passed in IA -I/ 97(SWP 515/97) whereas LPAs (SW) No: 362 & 350 of 1997
are directed against the order dated 11 -09 -1997 passed in interim
applications in SW No: 885/97.
(3.) NECESSARY facts for disposal of these appeals are that the Management of the National Electric Power Corporation Ltd. (hereinafter
called the respondent) issued revised promotion policy on 05 -03 -1997
having the retrospective affect from 01 -10 -1997 whereby technical
qualification and period of service for eligibility has been
extended/reduced, affecting the promotional prospects of the employees.
Appellants in LPA No: 172 & 362 of 1997, employees of the
respondent -corporation have challenged this policy broadly on the ground
that the same is disadvantageous, affects their service conditions and is
neither in public interest nor in the interest of the corporation. The
learned Single Judge after hearing both the sides in IA -I/97 (SWP No:
551/97) dismissed the application declining to stay the implementation of the revised policy and rules for corporation executives. In other writ
petition the operation of the revised promotion policy and subsequently
vide order under appeal, modified it directing that the respondents shall
be free to effect promotions in accordance with the new promotion policy
which shall be subject to the outcome of the writ petition and the posts
were also reserved for respondents 6 & 7. S/Shri M.L. Gupta, Deputy
Manager (Finance) and K.S. Dogra, Accounts Officer, eligible to be
promoted under the old policy. Aggrieved of this order, the management
and the writ -petitioners have filed appeals referred to above.
We have heard learned counsel for the parties, perused the memorandum of appeals, orders under appeal and the other evidence on
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