VIRENDRA KUMAR,J. - (1.) Heard Shri Sandeep Dixit, learned counsel for petitioners and the learned Standing Counsel.
(2.) The learned counsel for petitioners has submitted that all petitioners except petitioner No.28 were appointed on the post of Assistant Engineer initially, whereas petitioner No.28 was initially appointed on the post of Junior Engineer in the erstwhile U.P. State Electricity Board. On 14.01.2000 after coming into force of the U.P. Electricity Reforms Act, 1999 by the Transfer scheme of 2000, three corporations, namely, (i) U.P. Power Corporation Limited, (ii) U.P. Rajya Vidut Utpadan Nigam Limited and (iii) U.P. Jal Vidyut Nigam Limited were created. All the employees who were already discharging their duties prior to 14.01.2000 were protected and confirmed to be the employees of U.P. Power Corporation Limited. The details of retirement, appointment and date of promotions of petitioners are mentioned in para-6 of the petition.
(3.) Likewise, details of retirement, appointment and promotion of Assistant Engineers belonging to Scheduled Caste category, who were juniors to petitioners in the feeding cadre, have been given in para-8 of the petition. These 11 Assistant Engineers were promoted giving them benefit of accelerated promotion under the provisions of Section 3(7) of Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and other Backward Classes) Act, 1994 (hereinafter referred to as the, 'Act, 1994'). Earlier seniority list of Executive Engineers (Electrical and Mechanical) was prepared on 20.03.1998 on the basis of their seniority in the feeding cadre. After giving promotion to 11 Assistant Engineers belonging to Schedule Caste category another seniority list was prepared on 14.11.2009 regarding Chief Engineer Level (I), Chief Engineer Level (II) and Superintending Engineer (Electrical and Mechanical) according to the amended U.P. Government Servants Seniority Rules, 1991 by inserting Rule 8-A vide notification dated 14.09.2007.;