LAWS(ALL)-2017-5-571

U P POWER CORPORATION LIMITED THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR AND OTHERS Vs. DUSHYANT RAGHUVANSHI AND OTHERS

Decided On May 12, 2017
U P Power Corporation Limited Through Its Chairman-Cum-Managing Director And Others Appellant
V/S
Dushyant Raghuvanshi And Others Respondents

JUDGEMENT

(1.) In all these Writ Petitions, common questions of law and facts are involved, hence we have heard all the matters together and are deciding the same by this common judgment.

(2.) For the purpose of narration of facts, we are taking the First Petition, Writ Petition (SB) No. 1172 of 2012 as leading case and would refer pleadings therein hereinbelow.

(3.) Writ Petition (SB) No. 1172 of 2012 (hereinafter referred to as "First Petition") has been filed by U.P. Power Corporation Limited (hereinafter referred to as "UPPCL") and others being aggrieved by judgment and order dated 04.05.2012 passed by State Public Services Tribunal, Lucknow (hereinafter referred to as "Tribunal") in Claim Petition No. 2601 of 2010 filed by claimant-respondent-1, Dushyant Raghuvanshi (hereinafter referred to as "claimant'). Tribunal has allowed the aforesaid Claim Petition and held that claimant is entitled for promotion to the post of "Junior Engineer" under U.P. State Electricity Board Subordinate Electrical and Mechanical Engineering Regulations, 1972 (hereinafter referred to as "Regulation, 1972") holding diploma obtained by him in 2008 from Janardan Rai Nagar Rajasthan Vidya Peeth Deemed University, Udaipur, Rajasthan (hereinafter referred to as "University in question") declared as "Deemed University" under Section 3 of University Grants Commission Act, 1956 (hereinafter after referred to as "UGC Act, 1956") read with Government of India's Notification dated 12.01.1987 as valid qualification for such promotion. It has further directed petitioners to consider claimant-respondent-1 on the post of "Junior Engineer" from the date his juniors were so promoted and to give all consequential benefits.