On 09.11.2000, the new State of Uttaranchal, number renamed as Uttarakhand, was carved out of the erstwhile State of Uttar Pradesh and the Uttaranchal Power Corporation Limited for short the UPCL became the successor of UPSEB for the State of Uttarakhand and started functioning with effect from 01.04.2001 and adopted the Regulations for its employees.
On 05.04.2003, the Selection Committee of UPCL recommended that there was numberhindrance for promoting the candidates selected on the basis of 1985 examination as there were vacancies to the post of Junior Engineer after promotion of the selected candidates of the years 1977 and 1979.
Thereafter, a list of employees, who had taken the examinations companyducted by the UPSEB in the years 1977, 1979 and 1985, was prepared and they were promoted to the post of Junior Engineer by the Board of UPCL after relaxation under Regulation 31 of the Regulations.
Rakesh Sharma and others, who had been promoted as Junior Engineers on the basis of the 1985 examination, challenged the order of the learned Single Judge before the Division Bench of the High Court of Uttaranchal in Special Appeal Nos.
Mandip Singh and others, who had taken the written test and interview in 1977, moved the Allahabad High Court in a batch of Writ Petitions and on 28.08.1989 a Division Bench of the High Court by its order directed the UPSEB to declare the select list of candidates who had appeared in 1977 examination and the interview and after exhausting the same to make appointments from the select list of the candidates who had appeared in the 1979 written examination and interview.
These promotions were challenged in Civil Writ Petition Nos.
The UPCL also filed Special Appeal Nos.105, 107, 112 and 113 of 2008 against the order dated 28.02.2006 and by a separate order dated 28.02.2006 the Division Bench of the High Court sustained the order of learned Single Judge and disposed of the Special Appeals with the direction that those promotees, who had retired, shall number be affected by the order of the learned Single Judge.
96 of 2004 and 103 of 2004 but the Division Bench of the High Court dismissed the Special Appeals by order dated 28.02.2006.
On 24.09.1999, the UPSEB issued an Office Memo cancelling the examination companyducted in 1985 because it was number possible to promote the Technical Cadre employees to the post of Junior Engineer on the basis of examination companyducted in the year 1985 till the order dated 29.08.1989 of the Allahabad High Court in the case of Mandip Singh others was companyplied with.
3 of 2003 S S , 979 of 2002 S S , 7195 of 2001 S S and 803 of 2003 S S in the High Court of Uttaranchal.
The four Writ Petitions were heard by a learned Single Judge and allowed by a companymon order dated 25.10.2004.
K. PATNAIK, J. IN CIVIL APPEAL NOs.
3448 OF 2008 AND 3476 OF 2008 These two appeals are against two separate orders passed by the Division Bench of the High Court of Uttaranchal on 28.02.2006 and arise out of the same set of facts and are accordingly being disposed of by this companymon judgment.
The facts very briefly are that written tests and interviews were companyducted in the years 1977, 1979 and 1981 for promotion of Operating Staff Technical Grade II to the post of Junior Engineer in the Uttar Pradesh State Electricity Board for short the UPSEB under Regulation 17 of the Uttar Pradesh State Electricity Board Subordinate Electrical and Mechanical Engineering Service Regulations, 1972 for short the Regulations .
