Court Dismisses Petition Challenging Promotional Disparity Citing Reasonable Classification
In a significant ruling, the Uttarakhand High Court has upheld the classification provided under the Uttarakhand Power Corporation Ltd. (UPCL) Junior Engineer (Electrical & Mechanical) Service Bye-laws, 2018, dismissing the petition filed by Rahul Giri and another. The petitioners challenged Clause 20(B) of the said Bye-laws, claiming it discriminated against employees by creating promotional disparities between those absorbed from the Uttar Pradesh Power Corporation Ltd. (UPPCL) and those appointed post-formation of UPCL.
The bench, comprising Justices Manoj Kumar Tiwari and Pankaj Purohit, delivered the judgment on June 12, 2026. The petitioners contended that the Bye-laws' classification was artificial and violated Article 14 of the Indian Constitution, which guarantees equality before the law. They argued that while they were required to serve ten years to qualify for promotion, employees absorbed from UPPCL only needed five years, as per the Uttar Pradesh State Electricity Board Subordinate Electrical and Mechanical Engineering Service Regulations, 1972.
The court, however, found the classification to be reasonable, based on intelligible differentia, and having a rational nexus with the object of protecting service conditions of the absorbed employees as promised in an office memorandum dated December 18, 2002. The memorandum assured absorbed employees that their service conditions would not be altered to their disadvantage. Consequently, the court held that these employees formed a distinct class, justifying the differential treatment.
The court emphasized that Article 14 permits reasonable classification, provided it is based on real and substantial differences and has a justifiable relation to the objective of the classification. The decision underscores the judiciary's stance on maintaining the sanctity of promises made by employers to their employees, especially in matters involving service conditions.
The ruling has significant implications for service law in the region, particularly concerning the rights and classifications of employees absorbed during organizational transitions. The judgment reaffirms the principle that while equality is paramount, reasonable distinctions based on legitimate grounds are permissible within the legal framework.
Bottom line:-
Service law - Classification under Service Bye-Laws, 2018 upheld as reasonable. Employees absorbed from UPPCL into UPCL form a distinct class due to protection of their service conditions based on office memo dated 18.12.2002.
Statutory provision(s): Article 14 of the Constitution of India, Clause 20(B) of Uttarakhand Power Corporation Ltd. Junior Engineer (Electrical & Mechanical) Service Bye-laws, 2018, Uttar Pradesh State Electricity Board Subordinate Electrical and Mechanical Engineering Service Regulations, 1972.
Rahul Giri v. State of Uttarakhand, (Uttarakhand)(DB) : Law Finder Doc id # 2929675
