DAMODAR VALLEY CORPORATION, KOLKATA Vs. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED, KOLKATA, JHARKHAND STATE ELECTRICITY BOARD, RANCHI AND MADHYA PRADESH POWER TRADING CO. LTD., JABALPUR

JUDGEMENT

(1.) THE petitioner, DVC had filed this petition for approval of tariff of Mejia TPS Extension, Unit Nos. 5 & 6 (2 x 250 MW) (hereinafter referred to as "the generating station") for the period 29.2.2008 to 31.3.2009, based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 (hereinafter referred to as "the 2004 regulations") and the Commission by its order dated 23.12.2009 determined the annual fixed charges for the period 2004 -09 based on the capital cost as under:

(2.) THE Commission by its order dated 30.4.2008 in Petition No. 53/2008 (with IA No. 4/2008) had approved single part provisional tariff of Rs.2.90/kWh for Unit -5 of the generating station. Subsequently, the Commission vide order dated 23.12.2009 in Petition No. 155/2009 approved the tariff for the period from 29.2.2008 to 23.9.2008 in respect of Unit -5 and from 24.9.2008 to 31.3.2009 for Unit Nos. 5 & 6 of the generating station. Aggrieved, the petitioner filed Appeal No. 40/2011 before the Appellate Tribunal for Electricity ("the Tribunal") challenging the Commission's order dated 23.12.2009. In the said appeal, the petitioner had raised the following issues for consideration of the Tribunal.

(3.) AS regards issue at paragraph 3(iv) above viz., O & M Expenses relating to payment made by virtue of the revision of pay to the DVC personnel as a result of the implementation of the Sixth Pay Commission recommendations, the Tribunal in its judgment dated 1.5.2012, after taking note of the submission of the Commission that Petition No. 148/GT/2011 was pending for consideration, disposed of the prayer of the petitioner as under: