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2018 Supreme(All) 2531

DILIP B. BHOSALE, VIVEK CHAUDHARY, RAJESH SINGH CHAUHAN
U. P Power Corporation Ltd. Thru. Chairman Cum-M. D. – Appellant
Versus
Kanti Prasad Varshney – Respondent


Advocates Appeared:
For the Petitioner: Neerav Chitravanshi, Adv
For the Respondent: Pradip Kumar Srivastava, Renu Misra

JUDGMENT :

1. Heard Sri S.K. Kalia, learned Senior Advocate assisted by Sri Neerav Chitravanshi and Sri Vikrant Raghuvanshi, learned counsels for petitioners and Ms. Renu Mishra, Sri R.N. Sharma, Sri A.P. Singh and Sri Ramesh Kumar Srivastava, learned counsels for respondents.

2. The Division Bench has referred the following question of law for consideration:-

    "Whether the provisions of Regulation 351-A of Civil Services Regulations framed by the State Government shall be applicable to the employees of the U.P. Power Corporation in the light of provisions of Regulation 2 of U.P. State Electricity Board (Officers and Servants) (Conditions of Services) Regulations, 1975."

3. Reference is made as a difference of opinion has occurred between the two Division Benches. First is judgment dated 08.11.2012 passed in Civil Misc. Writ Petition No.20206 of 2004; Keshav Deo Pandey Vs. Chairman & Managing Director, Uttar Pradesh Power Corporation Ltd. & Others. By the said judgment, a Division Bench of this Court held that Regulation 351-A of Civil Services Regulations (CSR) are not applicable

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