ALL INDIA NHPC DIPLOMA ENGINEERING COUNCIL Vs. NATIONAL HYDROELECTRIC POWER CORP LTD
LAWS(J&K)-1999-2-40
HIGH COURT OF JAMMU AND KASHMIR
Decided on February 22,1999

All India Nhpc Diploma Engineering Council Appellant
VERSUS
National Hydroelectric Power Corp Ltd Respondents

JUDGEMENT

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 record.;


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