IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7866 of 2009 1. ANIL KUMAR, SON OF SHRI LAL BABU RAI, AGE 33 YEARS(APPROXIMATELY), MOHALLA PUNAICHAK, TOWN AND DISTRICT PATNA-23. 2. RAKESH KUMAR PRASAD, SON OF SHRI VILASH PRASAD, AGE 33 YEARS(APPROXIMATELY), VILLAGE SUNDARPUR, POLICE STATION JHAURAKHAR, DISTRICT EAST CHAMPARAN. 3. MANOJ KUMAR, SON 0OF SHRI JAGDISH PRASAD SINGH AGE 33 YEARS(APPROXIMATELY) VILLAGE MADHURA, POLICE STATION JHANJHARPUR(R.S.) SHIVIR, DISTRICT MADHUBANI. 4. ANAND KUMAR SINGH SON OF SHRI KANTA SINGH AGE 35 YEARS(APPROXIMATELY) VILLAGE BHERIA, POLICE STATION DEHRI-ON-SON, DISTRICT ROHTAS. 5. PRADEEP KUMAR SINGH SON OF SHRI BHIM PRASAD SINGH AGE 33 YEARS(APPROXIMATELY) VILLAGE BARI KODAR JANNA, POLICE STATION SAHEBGANJ, DISTRICT SABEHGANJ. 6. AMIT KUMAR, SON OF SHRI ENDESH KUMAR, AGE 33 YEARS(APPROXIMATELY) VILLAGE RAMPUR RUDRA, POLICE STATION MASRAKH, DISTRICT CHHAPRA. Versus 1. NHPC LIMITED(EARLIER KNOWN AS NATIONAL HYDROELECTRIC POWER CORPORAITON) THROUGH ITS CHAIRMAN-CUM-MANAGING DIRECTOR, NHPC OFFICE COMPLEX, SECTOR 33, FARIDABAD, HARYANA. 2. THE CHAIRMAN-CUM-MANAGING DIRECTOR, NHPC OFFICE COMPLEX, SECTOR 33, FARIDABAD, HARYANA. 3. THE CHIEF MANAGER(HUMAN RESOURCES) ESTT., NHPC OFFICE COMPLEX SECTOR-33, FARIDABAD, HARYANA. 4. THE MANAGER(HUMAN RESOURCES) NHPC OFFICE COMPLEX, SECTOR-33, FARIDABAD HARYANA. 5. THE EXECUTIVE DIRECTOR, NHPC LIMITED, VIDYUT BHAVAN- 2, 2ND FLOOR, BAILEY ROAD, PATNA. ----------- 04. 16.07.2010. Heard learned counsel for the petitioners and the counsel for the NHPC Limited(hereinafter referred to as the Company). 2. Petitioners at the relevant time while serving on the post of E2A were executing civil works on behalf of the Company in the State of Bihar. They filed this writ application praying inter alia to direct the Company to consider their case for promotion on the post of E3 grade Assistant Manager(Civil/Electrical) as per the promotion policy notified by the Company with effect from 1.1.1997, Annexure-3. Similar request was - 2 - made by other employees of the Company. The company proceeded to amend the promotion policy on 27.3.2009, Annexure-2 which was questioned in the Punjab and Haryana High Court in Civil Writ Petition No.5634 of 2009, Annexure-7. The Single Judge of the Punjab and Haryana High Court under orders dated 3.3.2010 set aside the amendment dated 27.3.2009 made in the promotion policy and directed the authorities of the Company to consider the case of its employees as per the promotion policy dated 1.1.1997, Annexure-3. Against the judgment of the Single Judge, the Company preferred appeal before the Division Bench bearing L.P.A. No.422 of 2010, which was admitted for hearing on 30.3.2010 and under orders dated 7.4.2010 it was observed that promotion made by the Company during the pendency of the appeal shall be subject to the further orders of the Division Bench. 3. As the matter is pending before the Division Bench of the Punjab and Haryana High Court in L.P.A. No.422 of 2010 it is deemed expedient to dispose of the this writ application with observation that the case of the petitioners for promotion from the post of E2A to E3 Grade i.e. Assistant Manager(Civil/Electrical) be considered by the Company in accordance with law but such promotion shall be subject to the result of L.P.A. No.422 of 2010. Rajesh/ (V.N.Sinha, J.)