Andhra Pradesh High Court - Amravati
The Transmission Corporation Of Andhra ... vs The Ap Transco on 29 October, 2019
Author: J. Uma Devi
Bench: J. Uma Devi
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
AND
THE HON'BLE MS. JUSTICE J.UMA DEVI
WRIT APPEAL No.192 of 2019, WRIT PETITION Nos. 10077 of 2019,
8682 of 2019, 9228 of 2019
COMMON JUDGMENT:(per the Hon'ble Sri Justice A.V.Sesha Sai) Heard Sri P.V.Krishnaiah, learned counsel for the appellant in Writ Appeal No.192 of 2019, Sri Peeta Raman, learned counsel for the petitioners in Writ Petition Nos.8682, 9228 and 10077 of 2019. Sri Y.Nagireddy, learned standing counsel for A.P.TRANSCO and A.P.S.P.D.C.L and Sri Metta Chandra Sekhar Rao, learned standing counsel for A.P.E.P.D.C.L.
2. Since all these cases share common grievance, this Court deems it appropriate to dispose of these cases by way of a Common Judgment, after hearing the respective counsels.
3. The sum and substance of the case of the writ petitioners in all these Writ Petitions, is that the respondent authorities are not giving protection from transfer to the members of petitioner's associations/unions, while extending the same to the similarly placed associations/unions, as per Instruction III (XII) (a) issued vide proceedings T.O.O. (Addl.Secy-Per) MS.No.1190, dated 03.07.2019 of the A.P.TRANSCO. In Writ Appeal No.192 of 2019, challenge is to the Order, dated 10.07.2019 passed by the learned single Judge in I.A.No.1 of 2019 in Writ Petition No.8751 of 2019. Since, the cause of action in all these Writ Petitions is one and the same, the rest of the matters are tagged on.
4. The Government of Andhra Pradesh by way of G.O.Ms.No.45, Finance (HR.I-PLG. & Policy) Department, dated 24.06.2019, issued 2 guidelines for transfer of employees for the year 2019, by relaxing the ban from 25.06.2019 to 05.07.2019, in order to ensure right placement of employees to secure optimum productivity and commitment to furtherance of Government's development objectives. As per paragraph No.6 of G.O.Ms.No.45, dated 24.06.2019, the standing instructions on the transfer of office bearers of recognized employees' association as issued in Circular Memo.No.245/SW/A1/2014-1, G.A.(SW) Dept., dated 16.09.2014 and also Circular Memo.No.17225/SW/A1/2014-1 of G.A.(SW) Dept., dated 27.09.2014 would also apply. The said circular memos issued by the State Government are also placed on record by Sri Y.Nagireddy, learned standing counsel for A.P.Transco. While referring to G.O.Ms.No.45, dated 24.06.2019, the A.P.Transco, formulated a transfer policy and guidelines for Engineering, Accounts, O&M and P&G Services in A.P.Transco vide T.O.O. (Addl.Secy-Per) Ms.No.1188, dated 01.07.2019.
5. In this batch of cases, this Court is concerned with the protection on transfer of employees given for members of union/association. Paragraph 3(a) to (e) of T.O.O.(Addl.Secy-Per) Ms.No.1188, dated 01.07.2019 reads as under:
" After careful consideration, the Transmission Corporation of A.P.Limited decided to issue General Transfer Policy for the year 2019-20 for Engineering, Accounts, P & G and O&M Services in APTRANSCO with the following principles while effecting transfer of employees.
3. a) Protection from transfer is to be given for the following Unions/Associations.
i.APEE Union(Regd.No.1104) ii.APSEE Union(Regd.No.327) iii. TNVKS(Regd.No.B-1245) 3 iv. Y.S.R.Vidyut Employees Union(Regd.No.H-128) v. APSEB SC & ST Employees Welfare Association(Regd.No.H-1589) vi.Electricity OC Employees Welfare Association(Regd.No.B.473/1975) vii. APSEB Engineers Association(Regd.No.874/1975) viii. APSEB Assistant Engineers Association(Regd.No.1185/1977) ix.AP.Power Diploma Engineers Association(Regd.No.B.473/1975)
b) Protection will be for the incumbents whose names have been intimated already to the Corporate Office as on the date of issue of General Transfer Guidelines for the year 2019-20.
c) Protection from transfer is to be given for 2 persons per Union/Association i.e. State Secretaries or State Presidents of the above Unions/Associations in A.P.Transco
d) Protection from transfer is also to be extended to the Zonal President/Zonal Secretary(any one of them) in addition to the State President and Secretary in A.P.Transco.
e) Protection is for the Station and not the post."
6. According to the Writ Petitioners, certain representations were made to the respondent-authorities and on the basis of the said representations, A.P.TRANSCO issued revised guidelines vide T.O.O.(Addl.Secy-Per) Ms.No.1190, dated 03.07.2019, adding some more registered unions/associations. The said paragraph III (xii) reads as under:
"a) Protection from transfer is to be given for the following Unions/Associations.
a) APEE Union(Regd.No.1104)
b) APSEE Union (Regd.No.327)
c) TNVKS (Regd.No.B-1245)
d) Y.S.R.Vidyut Employees Union(Regd.No.H-128) 4
e)APSEB SC & ST Employees Welfare Association(Regd.No.1589)
f)Electricity BC Employees Welfare Association(Regd.No.1681)
g) Electricity OC Employees Welfare Association ( Regd.No.1088/2008)
h)APSEB Engineers Association (Regd.No.874/1975)
i)APSEB Assistant Engineers Association (Regd.No.1185/1977)
j)A.P.Power Dilploma Engineers Association (Regd.No.B.473/1975).
k)A.P.State Vidyuth Scheduled Tribe Employees Welfare Association, (Regd.No.45/2015)
l)A.P.Power Engineers Association (Regd.No.279/2009)
m) Andhra Pradesh Electricity Employees Muslim Minority Association, (Regd.No.151/2010)
n) United Electricity Employees Union(B-1829).
o)A.P.Electricity Bahujana Employees Welfare Association(Regd.No.79/2011)
p) Navyandhra Pradesh Electricity Employees Welfare Association (Regd.No.113/2015).
b) Protection will be for the incumbents whose names have been intimated already to the Corporate Office as on the date of issue of General Transfer Guidelines for the year 2019-20.
c) Protection from transfer is to be given for 2 persons per Union/Association i.e., State Secretaries and State Presidents of the above Unions/Associations in A.P.Transco.
d) Protection from transfer is also to be extended to the Zonal President/Zonal Secretary (any one of them) in addition to the State President and Secretary in AP Transco.
e) Protection is for the Station and not the post."5
It is very much clear from the above said proceedings that subsequently A.P.TRANSCO included seven more unions/associations to the previous list.
7. The essence of the contentions of the writ petitioners, in all these cases is that having taken a decision to include certain registered associations/unions also, the respondent authorities, ought to have included all the registered unions, including the petitioners herein, and that there is no justification on the part of the respondent-authorities in discarding the other registered unions/associations. According to the learned advocates, appearing for the writ petitioners/appellants, the said action on the part of the respondent-authorities is a patent infraction of Article 14 of the Constitution of India.
8. On the contrary, it is vehemently contended by Sri Y.Nagireddy, learned standing counsel for the A.P.TRANSCO and APSPDCL and Sri Metta Chandra Sekhar Rao, learned standing counsel for APSPDCL and APGENCO, that since the issues sought to be canvassed by the petitioners herein are policy matters, these Writ Petitions filed under Article 226 of the Constitution of India, are not maintainable. It is also the submission of the learned standing counsel that since the issue pertains to transfer of employees, in the absence of any specific mala fides pleaded by the petitioners, the policy of the State Government cannot be the subject matter under Article 226 of the Constitution of India. It is also the case of the respondents that the guidelines have been formulated according to G.O.Ms.No.45, dated 24.06.2019 which made the Circular Memos, dated 16.09.2014 and 27.09.2014 applicable and the respondent-authorities are strictly adhering to paragraph No.6 of 6 G.O.Ms.No.45, dated 24.06.2019 which extended the benefit only to the recognized unions/employees associations.
9. During the course of arguments, letter bearing No.ENE01/506/OP A3/2019-2, dated 29.08.2019 issued by the Government of Andhra Pradesh, Energy Department, is placed on record by the learned standing counsel and the said letter reads as under:
"(i) Recognition
(a) The Trade Unions recognized under I.D.Act, 1947 by Labour Department as on the date of formation of new state of AP may alone shall be recognized, till secret ballot elections are conducted by Labour Department.
(b) The associations who signed the tripartite agreement in the erstwhile state of AP alone shall be recognized, till secret ballot elections are conducted by respective utilities.
(c) No caste, religion, regional associations/unions will be recognized.
(ii) Privileges and Transfer Protection
(a) Only recognized Trade Unions shall be eligible.
(b) Only recognized associations shall be eligible.
(c) Privileges/transfer protection shall be limited to only one member from each recognized union/association across state/zone/circle/division etc. and may be either president/secretary/any other nominee of the recognized union/association".
10. Since it is the stand of the respondents that, adhering to the instructions of the State Government issued vide G.O.Ms.No.45, dated 24.06.2019, and Circular Memorandum, dated 16.09.2014, and 27.09.2014 the benefit is being extended only to the recognized unions and associations, this Court absolutely does not find any 7 discrimination in the said action. Admittedly, the issue pertains to transfers.
11. Having regard to the above reasons, this Court is neither pursuated nor inclined to interfere with the policy matter of the State Government which is sought to be assailed in all these Writ Petitions. However, it is open for the petitioners herein to approach the concerned authorities by way of fresh written representations and for consideration of the same by the respondents strictly in accordance with law. Interim Order granted on 12.07.2019 in Writ Appeal No.192 of 2019 stands vacated.
12. Accordingly, the Writ Appeal and Writ Petitions are disposed of. There shall be no order as to costs.
Consequently, Miscellaneous Petitions pending, if any, in the Writ Appeal and Writ Petitions shall stand closed.
___________________ A.V.SESHA SAI, J _________________ J.UMA DEVI, J 29.10.2019 BL 8 THE HON'BLE SRI JUSTICE A.V.SESHA SAI AND THE HON'BLE MS. JUSTICE J.UMA DEVI WRIT APPEAL NO.192 OF 2019, WRIT PETITION NO.10077 OF 2019, 8682 OF 2019 AND 9228 OF 2019 29.10.2019 BL 9