The Madhya Pradesh high court on Thursday upheld the new marking formula for promotion of officers and employees of state-owned six power companies, saying the rule has not changed the service conditions or merit-cum-seniority criteria.
The court allowed the appeals filed by the power companies, including the MP Power Management Company, against the single judge bench order of September 12, 2013.
The single judge bench had observed that the new benchmark fixed for promotion of power officers and employees had affected their service conditions.
The benchmark is defined as the allotment of numbers on the basis of annual confidential report of the employees and officers that help them get promotion.
The single judge bench passed the order on the petitions filed by engineers and employees unions challenging the new benchmark fixed for their promotion since they were allocated to the six power discoms from the erstwhile MP State Electricity Board. The power companies filed appeals against the single judge bench order.
Power companies’ senior advocate Naman Nagrath said the companies are free to fix the new benchmark for promotions and it does not affect the service conditions or merit-cum-seniority criteria of officers and employees. The erstwhile MPSEB too changed the marking formula for promotion from time to time but the service condition was never affected, the senior counsel said.
A division bench comprising justice SK Gangele and justice Subodh Abhyankar said: “An employee has to secure certain benchmark, i.e numbers, on the basis of grading obtained in previous years for the purpose of consideration for promotion.”