Indian Kanoon - Search engine for Indian Law

For convenience, the employees who filed the writ petitions are referred to as the petitioners/employees.

5. The background facts leading to these disputes are summarized hereunder: In the undivided State of Andhra Pradesh, the Andhra Pradesh State Electricity Board (for short, the Board) was created under the provisions of the Electricity (Supply) Act, 1948 (hereinafter referred to as the Electricity Supply Act). The Board was carrying on the activities of generation, transmission, distribution and supply of electricity to its consumers. The employees connected with all these activities were working under the administrative control of the Board in the various parts of the State of Andhra Pradesh. The State of Andhra Pradesh was one of the few States which has introduced electricity reforms by enacting the Andhra Pradesh Electricity Reform Act, 1998 (hereinafter referred to as the Electricity Reform Act). The Electricity Reform Act provided for formation of separate companies for generation, transmission, distribution and supply by unbundling the activities of the Board. As a first step towards this direction, the Board was divided into two companies, namely, A.P. Transmission Corporation (APTRANSCO) and A.P. Generation Corporation (APGENCO) with effect from 01.02.1999. The APGENCO was entrusted with the activity of power generation and the APTRANSCO with transmission, distribution and supply. With effect from 1.4.2000 the APTRANSCO was further unbundled with the incorporation of four distribution companies, namely, A.P. Central Power Distribution Company Limited (APCPDCL), A.P. Southern Power Distribution Company Limited (APSPDCL), A.P. Eastern Power Distribution Company Limited (APEPDCL) and A.P. Northern Power Distribution Company Limited (APNPDCL). While the activity of transmission alone was retained with the APTRANSCO, the four distribution companies were entrusted with the functions of distribution and supply of electricity to the end consumers. The employees working in the erstwhile A.P.State Electricity Board were allotted to the respective organizations on permanent basis and had been working under the control of their respective organizations.

12. The undivided State of Andhra Pradesh also issued G.O. Ms. No.26, dt.29.05.2014 and G.O. Rt. No.223, dt.30.5.2014. Under the former G.O., a separate TRANSCO was created for the State of Telangana while continuing the APTRANSCO for the residuary State of Andhra Pradesh with effect from 02.06.2014. The functions carried out by the APTRANSCO in the area of Telangana stood transferred to TSTRANSCO. The assets and liabilities were also transferred to the two TRANSCOs. Clause 2 of the said G.O. authorized the CMD of APTRANSCO to take further necessary action for transfer of functions, assets, liabilities, posts and employees to TSTRANSCO. Under G.O. Rt. No.223, dt.30.5.2014, a Three- Member Expert Committee headed by Smt. Sheela Bhide, IAS (Retd.) was constituted for ensuring preparation of demerger plan for equitable transfer of assets and liabilities.

14. While the power utilities of both the States were functioning in pursuance of various proceedings issued by the undivided State of Andhra Pradesh and APCPDCL as referred to above, the CMD of APTRANSCO addressed letter dt.26.11.2014 to the CMD of TSTRANSCO requesting him to nominate officers from the latter Corporation for constituting a joint committee along with officers of APTRANSCO for finalization of allocation of employees. In response thereto, the Director of TSTRANSCO has addressed letter dt.20.12.2014 to the CMD of APTRANSCO nominating four of its officers for constitution of a Joint Committee.

15. While there was no headway for constitution of a Joint Committee thereafter, the TSTRANSCO issued T.O.O. (Per.CGM/HRD), Ms. No.12 (Personnel Services), Dt.21.01.2015 constituting a common committee comprising some personnel of TSTRANSCO, TSGENCO, TSSPDCL, and TSNPDCL to undertake the activities of collection of employees data, fixation of norms to establish the nativity and any other activity entrusted by the Chairman of the Committee. On 19.02.2015 the CMD (FAC) of APTRANSCO addressed a letter to the CMD of TSTRANSCO constituting a joint committee with four functionaries each of APTRANSCO and TSTRANSCO. The said letter inter alia indicated modalities for allocation of employees. In reply to the said letter, the CMD of TSTRANSCO informed the CMD of APTRANSCO that the TSTRANSCO has already constituted a Committee which after holding a series of meetings recommended that the nativity recorded in the Service Register of the individual in respect of initial cadre/appointment orders shall be taken as the basis for determining the native District, that the employees data has been obtained from the Telangana State power utilities in the prescribed format and that the Committee has decided to consolidate the employees data obtained from the Telangana power utilities, place the same in the website and seek objections, if any, from the employees within one week from the date of placing the data in the website, so as to finalize the same. Referring to Section 82 of the Reorganisation Act, the CMD of TSTRANSCO informed that as per the said provision, the Telangana State power utilities decided to formulate modalities for final allocation of employees. He has also informed that the modalities proposed by the APTRANSCO to be adopted by the Joint Committee constituted for bifurcation of posts and employees are not acceptable to the Telangana State power utilities.