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2024 Supreme(SC) 986

B. R. GAVAI, K. V. VISWANATHAN
Mukul Kumar Tyagi – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rana Mukherjee, Sr. Adv. Ms. Gargi Srivastava, Adv. Ms. Oindrilla, Adv. Mr. Arpit Shukla, AOR Mr. Amit Anand Tiwari, Sr. Adv. Mr. Sanjay Nuli, Sr. Adv. Mr. Krishna M. Singh, Adv. Mr. Anil C Nishani, Adv. Mr. Deepti Singh, Adv. Mr. Meenesh Dube, Adv. Mrs. Deepti Singh, Adv. Mr. Rajivkumar, AOR
For the Respondent(s): Mr. Shashank Shekhar Singh, AOR Mr. Abhinav Singh, Adv. Mr. Sumit Kumar, Adv. Mr. Pradeep Misra, AOR Mr. Sudhir Kumar Saxena, Sr. Adv. Mr. Aviral Saxena, AOR Mr. Vikas Jain, Adv. Mr. Abhinav Sharma, Adv. Mr. K Aditya Singh, Adv. Ms. Kumud Lata Das, AOR Mr. Manoj Singh, Adv. Mr. Mohit Garg, Adv. Mr. Harsh Ajay Singh, Adv. Ms. Pooja Rathore, Adv. Mr. Sanjay Hegde, Sr. Adv. Mr. Prathvi Raj Chauhan, Adv. Mr. Anand, Adv. Ms. Priya Sharma, Adv. Ms. Rajeshri Nivuratirao Reddy, AOR

JUDGMENT

B.R. Gavai, J.

1. Leave granted in appeal arising out of SLP(C) No. 23273 of 2023.

2. The present applications/appeal have been filed praying for a direction to the concerned authority to re-appoint the applicants on the post of Technical Grade-II (Electrical) in Uttar Pradesh Power Corporation Limited (hereinafter referred to as “respondent-Corporation”) who were appointed pursuant to the advertisement dated 6th September 2014, by setting aside the termination letter dated 13th May 2018 issued by the respondent-Corporation against the applicants herein.

3. The facts, in brief, giving rise to the present applications/appeal are as given below:

3.1 The erstwhile Uttar Pradesh State Electricity Board under the Uttar Pradesh Electricity (Supply) Act, 1948, promulgated the U.P. State Power Parishad Operative Employees Cadre Service Regulations, 1995 (hereinafter referred to as “1995 Regulations”).

3.2 With the enactment of Uttar Pradesh Electricity Reforms Act, 1999, the U.P. State Electricity Board ceased to exist and was replaced by the respondent-Corporation.

3.3 The respondent-Corporation adopted the 1995 Regulations which prescribed the method of filling-up posts of Technician G

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