CHAIRMAN CUM M D U P POWER CORPORATION LTD LKO Vs. U P STATE PUBLIC SERIVES TRIBUNAL INDIRA BHAWAN LKO AND

JUDGEMENT

(1.) THIS writ petition has been filed by the Chairman -cum -Managing Director, U.P. Power Corporation Ltd. herein after referred to as UPPCL (Lucknow) against the judgment and order dated 06.10.2009 passed by the State Public Services Tribunal, Lucknow in Claim Petition No. 929 of 2008 (Shrish Prakash Srivastava Vs U.P. Power Corporation Ltd and others).

(2.) SRI Shrish Prakash Srivastava herein after referred as the respondent filed claim petition alleging therein that he was initially appointed as Assistant Engineer on 07.07.2004. He was aggrieved by the order dated 25.03.2008 passed by the Chairman, UPPCL whereby the respondent was prematurely and compulsorily retired w.e.f. Same date.

(3.) THE ground of challenge to the order dated 25.03.2008 was that the Chairman of UPPCL was not competent to pass the order since after enforcement of the Uttar Pradesh Power Sector Reforms (Transfer of Distribution Undertakings) Scheme, 2003 he was not an employee of the UPPCL. The second ground taken by the respondent was that his confidential entries has been consistently good through out his career.