U P POWER CORPORATION LTD Vs. AYODHYA PRASAD MISHRA

JUDGEMENT

(1.) THE present appeal is filed by the Uttar pradesh Power Corporation Limited, Lucknow against the judgment and order dated May 17. 2007 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Writ Petition no. 491 (S/b) of 2007. By the said order, the division Bench of the High Court held that criterion for promotion to the post of superintending Engineer from the post of executive Engineer is merit i. e. selection and placement of an Executive Engineer in category I prior to other officers placed in category-II. A direction was issued by the court to the Corporation to offer to the writ-petitioner first available vacancy of superintending Engineer and to promote him to the said post.

(2.) TO appreciate the points raised in the present appeal, few relevant facts may be noted.

(3.) THE present appeal relates to appointment by promotion to the post of Superintending engineer from the post of Executive Engineer. If was the case of writ petitioner (respondent no. 1) that he was working as Executive engineer and was eligible and qualified to be promoted as Superintending Engineer under the regulations. In accordance with the regulations the ease of the writ-petitioner was considered by the Departmental Promotion committee (DPC), he was found fit and on the basis of marks obtained by him, he was placed in Category-l. It was his case that there were several posts of Superintending engineer which were required to be filled in initially from Executive Engineers placed in category-l and thereafter in the event ef more vacancies being available, the cases of executive Engineers placed in Category-II were to be considered. Unfortunately, however, according to the writ petitioner, though he was in Category-l and had secured maximum marks (191. 3 out of 206), he was not promoted. The said action was illegal, unlawful and inconsistent with the regulations which constrained the writ-petitioner to approach the High Court by institating a writ petition.