- (1.) THIS writ petition has been filed by the Chairman -cum -Managing Director, U.P. Power Corporation Ltd. herein after referred to as UPPCL (Lucknow) against the judgment and order dated 06.10.2009 passed by the State Public Services Tribunal, Lucknow in Claim Petition No. 929 of 2008 (Shrish Prakash Srivastava Vs U.P. Power Corporation Ltd and others).
(2.) SRI Shrish Prakash Srivastava herein after referred as the respondent filed claim petition alleging therein that he was initially appointed as Assistant Engineer on 07.07.2004. He was aggrieved by the order dated 25.03.2008 passed by the Chairman, UPPCL whereby the respondent was prematurely and compulsorily retired w.e.f. Same date.
(3.) THE ground of challenge to the order dated 25.03.2008 was that the Chairman of UPPCL was not competent to pass the order since after enforcement of the Uttar Pradesh Power Sector Reforms (Transfer of Distribution Undertakings) Scheme, 2003 he was not an employee of the UPPCL. The second ground taken by the respondent was that his confidential entries has been consistently good through out his career. The Tribunal considered the pleadings of the parties and found that with the enforcement of the Scheme 2003 the distribution and supply of electricity was given out to Distribution Companies in various districts. Under the scheme Rule 4 provided for transfer of personnel to such Distribution Companies and the personnel so transferred would form part of the service of the Distribution Companies but their rank, scale of pay and inter -se seniority existing in UPPCL would be maintained. A further provision was made in Rule 4 (4) whereby the Distribution Companies were vested with power to exercise all administrative and disciplinary control over such personnel transferred to them as per the scheme. The respondent was transferred to the Distribution Company on 12.08.2003 under the Scheme hence the UPPCL ceased to be his employer from such date. Under such circumstances the Chairman -cum -Managing Director, U.P. Power Corporation Ltd. even if he was also Chairman of the Madhyanchal Vidyut Vitaran Nigam Ltd was not competent to pass the impugned order while exercising his power as Chairman of the UPPCL. On these grounds the Tribunal found favour and held that the Chairman -cum -Managing Director of U.P. Power Corporation Ltd. had no jurisdiction or power to compulsorily retire the petitioner who was now an employee of the Madhyanchal Vidyut Vitaran Nigam Ltd. It therefore, allowed the reference petition, set aside the impugned order dated 25.03.2008 and directed the petitioner to be deemed in service and entitled to the salary till he attains the age of superannuation or is prematurely retired by a competent authority.;