RAJEEV KUMAR JAUHARI Vs. STATE OF U P

JUDGEMENT

(1.) SUDHIR Agarwal, J. Whether U. P. Rajya Vidyut Utpadan Nigam Limited Absorption Regulations, 2006 (hereinafter referred to as Regulations, 2006) framed by the U. P. Rajya Vidyut Utpadan Nigam is illegal, arbitrary and ultra vires is the question raised in the writ petition.

(2.) THE facts are not in dispute, but, to appreciate the controversy, may be narrated in brief, as under.

(3.) UNDER Section 49 (1) of Reforms Act, 1999, the State Government was empowered to issue orders, if any difficulty arises, in giving effect to the provisions of the Act for a period not extending beyond 12 months. Sub-section (2) to Section 49 further provides that no order under sub-section (1) shall be made after expiration of a period of two years from the commencement of the Act. The Reforms Act, 1999 was amended in 2003 and in sub-section (1) of Section 49, the words "12 months" were substituted by "60 months" and under sub-section (2), "two years" were substituted by "five years". This amendment, therefore, has the effect of empowering the State Government to issue orders under Section 49 for a period of 5 years from the date of enforcement of the aforesaid Act. The Transfer Scheme, 2000 was also amended by U. P. Electricity Reforms Transfer Scheme, 2003 published on 9th June, 2003 and clause-9 of Transfer Scheme, 2000 was substituted by following provision : "9. (1) The Classification and transfer of Undertaking including personnel under this Scheme, unless otherwise specified in any order made by the State Government, shall be provisional and shall be final upon the expiry of five years from the date of the transfer. (2) At any time within a period of five years from the date of the transfer, the State Government may by order to be notified amend, vary, modify, add, delete or otherwise change terms and conditions of the transfer including items included in the transfer, and transfer such properties, interest, rights, liabilities, personnel and proceedings and forming part of an Undertaking of one Transferee to that of any other transferee or to the State Government in such manner and on such terms and conditions as the State Government may consider appropriate. (3) On the expiry of the period of five years from the date of transfer and subject to any directions given by the State Government, the transfer of undertakings, properties, interests, rights, liabilities, personnel and proceedings made in accordance with the Scheme shall become final. "