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Judgment
Sunil Gaur, J
In this petition, quashing of Office Order of 11/17/2009-NHPC/Vol-III issued by first respondent on 27th December, 2013 is sought. In addition,
uniform implementation of guidelines issued by Department of Public Enterprise (DPE) in the year 1997 and 2007 in terms of guidelines of 1992, is
also sought by petitioner- Association. Infact, petitioner- Association seeks parity of its employees with those of CPSEs like NTPC, PGCIL, PFC etc.
The aforesaid Office Order already stands quashed by High Court of Uttrakhand in W.P.(SB) 11/2014 THDC Diploma Engineers Association and
Ors. Vs. Union of India & Ors., rendered on 22nd July, 2016 with direction to remove the anomalies in pay scales in tune with their counterparts in
NTPC etc.
Learned counsel for first respondent submits that in pursuance to the directions issued by High Court of Uttrakhand, fresh Office Order of 11th
August, 2017 has been issued by Ministry of Power directing compliance of guidelines/ instruction-of DPE and Presidential Directives issued by this
Ministry from time to time while fixing the pay scales for its employees.
Learned senior counsel for petitioner submits that fresh Office Order of 11th August, 2017 is not in conformity with paragraph No.17 of Uttrakhand
High Court decision in THDC Diploma Engineers Association (supra). It is pointed on behalf of petitioner-Association that this very Office Order of
27th December, 2013 has been already quashed by High Court of Meghalaya in W.P.(C) 185/2014, The Joint Action Committee & Ors. Vs. The
Union of India & Ors., rendered on 2nd September, 2016 with direction to respondents herein to properly consider the matter and take decision in
three months. It is also pointed out that the Special Leave Petition [No. 9188/2017 by respondent No.1] against the decision of High Court of
Uttrakhand has been already dismissed.
Upon hearing and on perusal of record of this case, I find that challenge to the Office Order of 27th December, 2013, no longer survives, as it has
been superseded by Office Order of 11th August, 2017 in pursuance to orders passed in case of THDC Diploma Engineers Association (Supra). First
respondent has passed an order on 28th June, 2017 (Annexure R-2A) and this Court is of the opinion that the fresh Office Order of 11th August, 2017
has to be implemented by second respondent in the light of observations made in Paragraphs No. 4.2 & 4.3 of order of 28th June, 2017 (Annexure R-
2A).
With aforesaid directions, this petition is disposed of.