JUDGMENT

C.K. THAKKER, J. - The present appeal is filed by the Uttar Pradesh Power Corporation Limited, Lucknow against the judgment and order dated May 17, 2007 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Writ Petition No. 491(S/B) of 2007. By the said order, the Division Bench of the High Court held that criterion for promotion to the post of Superintending Engineer from the post of Executive Engineer is merit i.e. selection and placement of an Executive Engineer in Category I prior to other officers placed in Category- II. A direction was issued by the Court to the Corporation to offer to the writ-petitioner first available vacancy of Superintending Engineer and to promote him to the said post.

2. To appreciate the points raised in the present appeal, few relevant facts may be noted.

The Uttar Pradesh Power Corporation (Corporation for short) (previously known as Uttar Pradesh State Electricity Board) is a `Board as defined in Clause (2) of Section 2 and constituted under Section 5 of the Electricity (Supply) Act, 1948 (hereinafter referred to as `the Act). It is thus an instrumentality of "State" within the meaning of Article 12 of the Constitution. Fo