By the Court.—We have heard Shri Vinay Kumar Srivastava, learned counsel for the petitioners. Shri Sandeep Kumar Srivastava appears for U.P. Power Corporation Limited.

2. The petitioners were serving as operating staff in technical grades under the Chief General Manager, Obra and Anpara Thermal Power Projects, District Sonebhadra and were in the employment of the U.P. State Electricity Board, which is now incorporated as U.P. Power Corporation Limited under the Electricity Reforms Act, 1999.

3. The U.P. State Electricity Board Subordinate Electrical and Mechanical Engineering Service Regulations 1972 (in short the Regulations of 1972) provides for sources of recruitment classified in two categories in Regulation 5. Further Regulation 17 provides for procedure of promotion to the post of Junior Engineer from the personnel of operating staff.

4. A written examination was held on 27.10.1985 for promotion of the persons working in technical grades to the post of Junior Engineer (OG). All the persons appointed between 4.10.1970 to 7.4.1979, as Junior Electrician, Attendant Grade-I, Operator Grade-II, Electrician Grade-II, Operator Grade-I, Technician Grade-II, Attendant Grade-I and Fireman appeared in the written examinations and were declared successful amongst 234 candidates on 19.11.1985 and were called for interview. The interviews were held on 23.11.1985, 24.11.1985 and thereafter on 5.6.1986. A list of successful candidates was drawn under Regulation 13 (3) of the Regulations of 1972. All the petitioners were appointed as Junior Engineer (Ordinary Grade) on ad hoc basis vide Office Memorandum dated 26.12.1986. The first list contained the names of 45 successful promotees and the second list contained 85 successfully promotees.

5. It is alleged that despite availability of substantive vacancies and the selections held under Regulations of 1972, the U.P. State Electricity Board (UPSEB) appointed the petitioners and other technical staff, who had been successful in the written examination and interviews on purely temporary and ad hoc basis as Junior Engineer (Ordinary Grade) in the pay scale of Rs. 665-1130 plus other allowances. The General Manager, Opera Thermal & Hydel Projects, UPSEB by his order dated 26.12.1986 directed these appointments to be treated as purely temporary and ad hoc in stop gap arrangement subject to conditions that on their regularisation the seniority shall be determined in accordance with the prescribed rules. The appointments were also made subject to orders of the High Court/Tribunal in various writ petitions pending in respective Courts regarding promotion to the post of Junior Engineer (OG). The petitioners joined on the post of Junior Engineer (OG) in the last week of December, 1986.

6. The UPSEB recruited 118 trainee Junior Engineers on 9.3.1987. After completing of one year’s training, they were appointed as Junior Engineer (Ordinary Grade) on 17.8.1988. By letter dated 27.6.1991 the Secretary of the UPSEB communicated to the General Managers of Obera and Anpara Thermal Power Projects that the Board had considered the question of regularisation and continuity of 130 Junior Engineers including the petitioners appointed on ad hoc basis and allowed them continuity in service till 28.2.1992. The question of their regularisation was left open.

7. By Office Memorandums dated 18.12.1998 and 8.4.1997 all the Junior Engineers (Ordinary Grade) working on ad hoc basis since 1986, were regularised w.e.f. 19.12.1997.

8. The petitioners through their association made a representation on 14.6.1999, to give them regularisation and seniority with effect from the date of their joining. A reminder was sent on 22.2.2000.

9. By an Office Memorandum dated 7.12.2000 a promotion list of Junior Engineers in Selection Grade (Electrical & Mechanical) was issued including the name of Junior Engineers, belonging to Scheduled Caste/Scheduled Tribe category of April 1988 batch. All these persons were junior to the peti