ALL INDIA NHPC DIPLOMA ENGINEERS COUNCIL & ANR. Vs. NATIONAL HYDRO ELECTRIC POWER CORPORATION & ORS.

JUDGEMENT

(1.) Revised Promotion Policy for NHPC Executives introduced by National Hydro Power Corporation (NHPC) (hereinafter called as "New Promotion Policy") w.e.f., 5.3.1997 to the extent it relates to diploma holders is at the bottom of controversy in three writ petitions on hand i.e., SWP Nos. 515/1997, 885/1997 and 849 of 2011.

(2.) Before mapping out contours of the controversy, it would be appropriate to trace the course of three writ petitions during the last two and half decades.

(3.) Diploma holders aggrieved with the New Promotion Policy, approached Writ Court with the writ petitions being SWP Nos. 515/1997 and 885/1997 respectively. Their grievance was that according to the old promotion policy i.e., the policy in vogue till New Promotion Policy was introduced w.e.f. 5.3.1997, both the diploma holders and degree holders had an equal opportunity to go up the promotional ladder. It was pleaded that the old promotion policy neither made a distinction on the basis of qualification between diploma holders and degree holders after a particular level nor were diploma holders required to have more experience as compared to the degree holders to their credit at a particular level, so as to be eligible for promotion to the next level in the Executive Cadre. Petitioners pleaded that new promotion policy not only prescribed a longer period at a particular level for diploma holders, for promotion to the next level in the Executive cadre, but blocked their promotional avenues after they reached E-5 level. In other words, petitioners insisted that diploma holders though having sufficient experience were not to cross E-5 level, in any circumstance.