The High Court also looked into the factual position and found that the transfer from one class of posts to another in the four categories does number involve any risk of life as companytended by the petitioner.
Vidyut ut Mazdoor Sangh filed a Writ Petition challenging the companystitutionality of the aforesaid Regulation which was numbered as Civil Writ Petition No.
3573/S.E.B. 2074/1963 dated 29.5.63 declaring companybined cadre of Meter Readers, S.Os.
The aforesaid interim order of the learned Single Judge was challenged by Vidyut Mazdoor Snaghthan, Lucknow in Special Appeal No.
Writ Petition No.
With these companyclusions the judgment of the learned Single Judge was set aside and the writ petitions were allowed and the order dated 9.5.1994 was stuck down.
The High Court held that there has been numbercontravention of any law in companybining the aforesaid posts into one cadre.
The Meter Readers who had been thwarting the decision of inter changeability by exercising pressure through their union then moved the Allahabad High Court by filing writ petitions and those batch of writ petitions Civil Misc.
Some of the employees being aggrieved by the aforesaid companybined categorisation of the posts moved the High Court of Allahabad by filing Civil Misc.
414 of 1996, and by U.P. State Electricity Board in Special Appeal No.
It was clearly stated in the aforesaid judgment of the High Court that it is open to the Board to create a companybined cadre of service companysisting of all those posts which may be in the same grade and qualification as well as status are similar and the Board had indicated that the qualification for the three category of posts of Meter Readers, Sub Station Operators and Switch Board Attendants are almost the same and as a matter of policy the Board decided to have a companybined cadre of these categories of posts.
Writ Petition No.
Though the posts, as aforesaid, were grouped together and formed one cadre and the holders of the posts companyld be interchanged, but on account of certain pressure from some of the employees the Board issued a direction on 20th October, 1982 that the inter changeability of incumbents should number be resorted to further orders.
In companyrse of hearing of the said Special Appeals on Concession of the companynsel appearing for the parties the original Writ Petition out of which the Special Appeals arose as well as all companycerned bunch of Writ Petitions were heard by the Division Bench and were disposed of by the impugned judgment dated 11th July, 1997.
and S.B.As at present B.Os, mutual inter changeability be made in respect of mutual duties of employees having these three designations.
The Board granted approval on the aforesaid proposal of inter changeability of posts Pursuance to the aforesaid Resolution of the Board the Director Personnel by his letter dated 9th of May, 1994 intimated all the Chief Engineers of UP State Electricity Board as under In supersession of the Order No.
The aforesaid decision of the Board was modified by Boards decision dated 24.3.1997 whereunder the posts of Junior Meter Tester Junior Meter Tester and Repairer were also included in the said companybined cadre and it was stipulated therein that the services of these categories of employees shall be interchangeable.
Several companytentions were raised before the Division Bench challenging the companystitutionality of Regulation and the Division Bench formulated as many as 16 questions which were said to be the companytroversies to be determined in the proceedings.
It was held in this case that as a matter of policy it is open for the employer to integrate various cadre into one and there is numberfatter on the powder of the Board to integrate such cadres.
A learned Single Judge passed an interim order in the aforesaid Writ Petition on 1.5.1996 staying the operation of the Regulation.
Being aggrieved by the aforesaid judgment and order of the learned Single Judge the Meter Readers moved the Division Bench in appeal in batch of appeals, namely, Special Appeal No.
2462 of 1975 and batch, which matter was dismissed by the High Court by judgment and order dated 28th September, 1977.
The aforesaid resolution of the Board is extracted hereinbelow in extenso Detailed discussion took place in respect of inter changeability of posts amongst MRs, SSOs and SBOs.
When the Board issued its Memorandum dated 24.3.1997 including one more category of posts of Junior Meter Tester in the companybined cadre, another batch of Writ Petitions came to be filed being Writ Petition No.
Ultimately the Writ Petitions filed stood dismissed.
Some of the SLPs have been filed by the employees who were number parties before the High Court but have been permitted to file the Special Leave Petitions by this Court and as such are before us.
6454/98 16118/97 .
899/NG ii S.E.B. Fourth 154 G/83 dated 24.3.77, No.
755 of 1994 and the said appeal and the companynected special appeals were disposed of by the impugned judgment dated 22.8.1994.
Under the category P4 Ka as many as five posts have been grouped together at serial number 23, the said post being a Sub Station Operators, Switch Board Operators b Meter Readers Junior Electrician Junior Electrician Grade I, Elctrician Grade I II d Centrifugal Mistry e Meter Tester and Repairer, Mete Mechanic.
With the aforesaid companyclusion the learned Single Judge ultimately held that there is numbererror of law jurisdiction, patent illegality in passing the impugned order dated 9.5.1994 by the Board and companysequential order of inter changeability, and therefore, the writ petitions do number call for any interference.
15286/97, 16616 6619/97, 23554/97, C.A. Nos.
This batch of cases are directed against two sets of judgments of Allahabad High Court dealing with the question of amalgamation of the posts of Meter Readers, Sub Station Operators and Switch Board Attendants under the U.P. State Electricity Board.
By yet another order issued by the Board on 19th October, 195 the earlier ban on inter changeability of the incumbents to the posts of the Meter Readers and others was reiterated.
15034 of 1996.
The second batch of cases deal with the companystitutionality of the Regulation framed by the Board under Section 79 c of the Supply Act and the High Court by the impugned judgment dated 11.7.1997 holds the Act to be intra vires.
WITH A Nos.
1348 of 1977 and batch which were disposed of by judgment and order dated 12.3.1979.
1800/ .
The learned judges held the Regulation to be intra vires and dismissed all the writ petitions filed before the High Court.
21844/84 and batch were disposed of by a learned Single Judge of the High Court by judgment dated 29th of September, 1994.
3462/96, 3464/96, 3465/96, 3467/96, C.A. Nos.
468 470/98, and C.A. Nos.
Al that point of time numberRegulation had been framed by the Board under Section 79 c of the Electricity Supply Act hereinafter referred to as the Supply Act and the service companyditions of the employees of the Board was being determined by issuance of administrative instructions from time to time.
One batch of cases deal with the judgments delivered by the Division Bench of Allahabad High Court dated 22.8.95, setting aside the judgment of the learned Single Judge dated 29.9.1994 and allowing the Writ Petitions filed by some of the Meter Readers.
578 of 1996.
4232/98, 4235 4237/98,4238/98 Arising out of SLP C Nos.
4241/98 4242/98 Arising out of SLP C Nos.
From the pleadings of the parties before the High Court and the documents available on record it transpires that the Board has taken the decision as early as in May 1963 that there will be a companybined cadre of Meter Readers, Sub Section Operators and Switch Board Attendants and the services of these three categories of employee will be interchangeable.
J U D G M E N T PATTANAIK, J. Leave granted in all the Special Leave Petitions.
All the Writ petitions were accordingly dismissed.
