Ashok Bhushan, J. - (1.) HEARD Sri Ranjit Saxena, learned Counsel for the petitioner and Sri Pankaj Kumar Shukla, learned Counsel appearing for the respondents No. 1, 2, 3, 5 and 6 as well as learned Standing Counsel. Affidavits have been exchanged between the parties and with the consent of learned Counsel for the parties, the writ petition is being finally decided.
(2.) THE petitioner, who is working as Chief Engineer Level -II in Purvanchal Vidyut Vitran Nigam Ltd. has come up in this writ petition complaining against an order dated 26.12.2009 by which he has been transferred from the post of Chief Engineer Distribution Varanasi Zone Varanasi and attached with the respondent No. 6, who while holding the post of Director Technical is officiating as Managing Director of Purvanchal Vidyut Vitran Nigam Ltd. an officer of 1982 batch. The petitioner claims to be an officer of 1973 batch and his grievance is that he has been attached with an officer, who is junior to the petitioner and has to work under him. The petitioner also claims that by virtue of his seniority, he is entitled to officiate as Managing Director of Purvanchal Vidyut Vitran Nigam Ltd. in view of the interim orders dated 2.3.2009, 6.3.02009 and 11.12.2009 passed by this Court in Writ Petition No. 344 (S/B) of 2009 Randheer Singh v. State of U.P. and Ors. The brief facts of the case which emerged from the pleadings of the parties are as follows. The petitioner was appointed in the erstwhile U.P. Electricity Board as an Assistant Engineer of 1973 batch. The respondent No. 6, Sri Suresh Ram, is an Assistant Engineer of 1982 batch belonging to Scheduled caste category. The petitioner was promoted as Chief Engineer Level II w.e.f. 6.7.2009 whereas the respondent No. 6 was promoted as Chief Engineer Level -II on 17.4.2004. The petitioner was transferred to Varanasi Zone in July, 2009 and was posted as Chief Engineer Distribution. By an order dated 3.12.2009, the petitioner was transferred from the post of Chief Engineer Distribution Varanasi zone and attached as Director Commercial U.P. Power corporation Ltd. Lucknow, prior to the passing of the said order, recommendation was sent by the respondent No. 6 on 29.11.2009 recommending transfer of the petitioner and with a request that Superintending Engineer Commercial namely; S. N. Yadav be transferred as Superintending Engineer and attached with Chief Engineer, Distribution be entrusted duties of Chief Engineer Distribution. The order dated 3.12.2009 was challenged by the petitioner in this Court on several grounds, one of the grounds being that the transfer order was issued in breach of the orders of the Apex Court dated 21.3.2007 passed in Writ Petition No. (C) No. 79 of 1997 Suresh Chandra Sharma v. Chairman UPSEB. and Ors. The writ petition filed by the petitioner challenging his transfer order being writ petition No. 66517 of 2009 was allowed by the Division Bench vide judgment dated 17.12.2009 by which the order dated 3.12.2009 was quashed. The petitioner's case is that copy of the order dated 17.12.2009 was submitted to the Chairman cum Managing Director on 26.12.2009 . It is stated that on the same day i.e. on 26.12.2009 an order of transfer of the petitioner was passed after holding meeting of the independent committee, which is said to have approved the transfer of the petitioner on 26.12.2009 itself. The petitioner's case is that by order dated 26.12.2009, the petitioner has been transferred from the post of Chief Engineer Level -II Distribution and attached with the respondent No. 6, who is officiating as Managing Director.
(3.) THE petitioner further claims that he is senior to the respondent No. 6, being Assistant Engineer of 1973 batch whereas the respondent No. 6 is Assistant Engineer of 1982 batch. It is submitted that the seniority list was issued on 19.2.2009 which seniority list was challenged in the Lucknow Bench of this Court in Writ Petition No. 344 of 2009 Randheer Singh v. State of U.P. and Ors.. A Division Bench of this Court passed an interim order on 2.3.2009, which order is to the following effect: Heard Sri S.K. Kalia, Senior Advocate assisted by Sri Rajan Roy and Sudeep Seth for the petitioners. Sri Sandeep Dixit learned Counsel for opposite party No. 2, learned Standing Counsel for opposite party No. 1, Sri K.S. Rastogi, for opposite party No. 3 and Sri Ashwani Kumar for opposite party No. 4 who pray for and are granted two weeks' time to file counter affidavit. List this petition along with writ petition Nos. 146(S/B) of 2009, 62(S/B) of 2009 and other connected matters. In the meantime, the opposite parties shall not issue any order of officiating promotion on the basis of the impugned seniority list.;