VIKASH AND 30 OTHERS v. STATE OF U.P. AND 4 OTHERS
WRIA/16374/2022 · 2025-04-02
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47804 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47804 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:46767 Court No. - 5 Case :- WRIT - A No. - 16374 of 2022 Petitioner :- Vikash And 30 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Devaang Savla,Prathamesh Upadhyay,Sr. Advocate,Vineet Kumar Singh Counsel for Respondent :- Abhishek Srivastava,Brajesh Pratap Singh Hon'ble Ajay Bhanot,J. Heard Shri H.N. Singh, learned Senior Counsel assisted by Shri Rishabh Srivastava, learned counsel and Shri Devaang Savla, learned counsel for the petitioners and Shri Abhishek Srivastava, learned counsel assisted by Ms.Kritika Sinha, learned counsel for the respondents and learned Standing Counsel for the respondent No.1-State. By the impugned notification of the State of U.P. Energy, Anubhag-2, Government, Lucknow dated 11.12.2008, the employees of various distribution companies were absorbed in the respective companies. Prior to the notification dated 11.12.2008, the aforesaid Uttar Pradesh Power Sector Reforms (Transfer of Distribution Undertakings) Scheme, 2003 was introduced by notification dated 11.08.2003. The petitioners were appointed in the respective distribution companies. At the time of appointment the petitioners had given a declaration that they will accept the distribution company allocated to them after their selection.
In view of the aforesaid undertaking given by the petitioners, they cannot be allowed to challenge the aforesaid Government order dated 11.12.2008. During the course of the arguments, it was submitted that the petitioners were illegally allotted to their respective distribution companies. However, no challenge has been made to the aforesaid allotment in the writ petition. Hence, this argument is rejected. The classification of employees who can be transferred from one distribution company to another has a rational nexus with the objects sought to be achieved. Only employees who are in the lower grades are confined to respective distribution company. The Senior Officials may be required in different capacities in various departments and hence the provision for their transfer has been retained. The employbility of the latter category of employees is wider. This is a policy decision and no arbitrariness can be established. The writ petition is dismissed. Order Date :- 3.4.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad