M.Katju, J. - (1.) This writ petition has been filed against the impugned order of transfer dated 18.12.2001 (Annexure-1 to this petition) and the relieving order dated 7.1.2002 (Annexure-2 to this writ petition).
(2.) The petitioner was posted as Executive Engineer at Panki Thermal Power Station, Panki, Kanpur, under the U. P. State Electricity Board. The U. P. Electricity Reforms Act, 1999. trifurcated the Board into three Corporations, namely, U. P. Power Corporation Limited, U. P. Rajya Vidyut Utpadan Nigam Ltd. and U. P. Rajya Jal Vidyut Utpadan Nigam. A Transfer Scheme, 2000 was framed in exercise of powers conferred by Section 23 of the said Act, photostat copy of the relevant part of the Transfer Scheme is Annexure-5 to the petition. Clause 6 (6) of the Transfer Scheme states that initially the personnel of the Board shall continue on provisional basis in the place where they were posted on the date of the transfer subject to certain terms and conditions. Thereafter, the U. P. Power Corporation Ltd. in consultation with the two other Transferee Corporations and the State Government has to finalise the permanent absorption of the personnel specified in Schedule H and I of the scheme taking into account the suitability, ability and experience of the personnel, number and nature of vacancies and other relevant factors. For this purpose the U. P. Power Corporation, in consultation with the above mentioned authorities has to constitute a committee which has to make recommendations and thereafter the U. P. Power Corporation Ltd. again in consultation with the above mentioned authorities has to take a decision on the transfer and permanent absorption of the relevant personnel taking into account the recommendation of the committee. By notification dated 9.1.2001 (Annexure-7 to the petition) the U. P. Power Corporation Ltd. in pursuance of the provision of clause 6 (6) of the Transfer Scheme decided to finally absorb certain employees whose names are given therein but with certain conditions. One of the conditions was that these employees of U. P. Power Corporation Ltd. may be placed on deputation with the U. P. Vidyut Utpadan Nigam Ltd. till 31.3.2002 or earlier.
(3.) The petitioner had opted for employment in U. P. Power Corporation Ltd. vide Annexure-8 to the petition and his grievance is that since he has been finally absorbed in the service of U. P. Power Corporation Ltd. he cannot be sent on deputation without his consent to U. P. Vidyut Utapadan Nigam Ltd. By means of the Impugned order dated 18.12.2001. Annexure-1 to the petition the petitioner was promoted as Deputy General Manager and sent on deputation to U. P. Rajya Vidyut Utpadan Nigam Ltd. vide order of U. P. Power Corporation Ltd. dated 10.12.2001 (Annexure-9 to the petition).;