- (1.) Arun Tandon and Ritu Raj Awasthi, JJ. - This intra-court appeal has been filed by the U.P. Power Corporation Ltd. against the judgment and order of the learned Single Judge dated 28.08.2014 passed in Civil Misc. Writ Petition No. 61607 of 2010 (Surendra Kumar and others v. State of U.P. through Secretary Department of Energy and others). The relevant facts for deciding the appeal are as under:
(2.) Selection for appointment on the post of Assistant Grade-III was conducted by the U.P. Power Corporation. After selection a select list was prepared. Out of the selected list, some of the selected candidates were offered appointment and they joined. The Chairman-cum-Managing Director of Corporation issued an order dated 30.9.2004 cancelling the entire selections, as a result whereof, the persons who had been selected and had joined, were removed from service, while other candidates who had been issued an appointment letter, but could not join were not permitted to join.
(3.) Such person who had been selected and appointed, were joined by other persons who had been issued appointment letter on the basis of the merit list but could not join before 30.9.2004 as well as, by persons whose name had been mentioned in the merit list but to whom appointment letter had not been issued upto 30.9.2004 in filing of writ petitions before this Court. The leading Writ petition no. 46362 of 2004 (Manoj Kumar and others v. State of U.P. and others) was decided under the judgment and order passed by the learned Single Judge dated 7.8.2007. The operative portion whereof reads as under: "For the foregoing reasons, these writ petitions stand allowed. The order dated 30.9.2004 passed by the Chairman-cum-Managing Director of the Corporation as well as the consequential orders passed in the individual cases, all are quashed. The candidates who had been given appointment in pursuance to the select list and had joined the service, would be permitted to rejoin the service and be given the benefit of continuity of service and also be paid arrears of salary; those who had been issued appointment letters but had not been permitted to join, be given regular appointments with all consequential benefits; and those candidates who had not been issued appointment letters but their names found place in the select list, would be issued appointments letters within sixty days and be also given all consequential benefits of service. However, there shall be no order as to costs.";