| Content Provider | Supreme Court of India |
|---|---|
| e-ISSN | 30484839 |
| Language | English |
| Access Restriction | NDLI |
| Subject Keyword | Allocation of employees Andhra Pradesh Reorganisation Act 2014 4 and 82 ss.3 Service Law |
| Content Type | Text |
| Resource Type | Law Judgement |
| Jurisdiction | India |
| Act(s) Referred | Andhra Pradesh Reorganisation Act, 2014 (6 of 2014) |
| Case Type | Miscellaneous Application |
| Court | Supreme Court of India |
| Disposal Nature | Others |
| Headnote | Service Law – Allocation of employees – Andhra PradeshReorganisation Act, 2014 – ss.3,4 and 82 – Dispute relating toallocation of the employees of the power sector undertakings in theStates of Telangana and Andhra Pradesh arose in wake of thedivision of the erstwhile State of Andhra Pradesh into two States,namely, the State of Telangana and the residuary State of AndhraPradesh – The power utilities of the two newly formed States couldnot arrive at any consensus with regard to modalities for allocationand distribution of personnel – The power utilities of Telanganaunilaterally relieved 1157 employees working with power utilitiesof Telangana to join in respective power utilities of Andhra Pradesh– The power utilities of Telangana were motivated by principle ofnativity, i.e., those employees whose service records mentioned themas resident of any part of the residuary State of Andhra Pradeshwere relieved and those who belonged to territory of the newlyformed State of Telangana were permitted to join at Telangana bytheir self-option, against which writ petition was filed before theHigh Court – The High Court by its judgment dated 02.02.2018allowed the writ petitions, set aside the impugned action of powerutilities of Telangana relieving 1157 employees and issued furtherdirections – In appeal, the Supreme Court upheld the judgment ofthe High Court and with the agreement of the parties entrusted thetask to one-Man Committee for distributing the personnel betweenthe States – The process which was initiated by submitting FinalReport dated 26.12.2019 was supplemented by SupplementaryReport dated 11.03.2020 and Concluding Report dated 20.06.2020– In the Concluding Report, an allocation list submitted by AndhraPradesh utilities was approved – The Committee noticed that 655employees were allocated from Telangana State to Andhra Pradeshand equal numbers from Andhra Pradesh to Telangana including71 names from Andhra Pradesh to Telangana, which was held to beof special cases like spouse and medical cases – Certain furtherdirections were given by the One-Man Committee along with theconcluding report – Various Miscellaneous applications were filed– There were various objections against the One-Man Committeereport – Held: The One-Man Committee being aware of all objectionsand having taken a conscious decision to finalise the allocationbetween two States, there is no error in the process which maywarrant any clarification or direction – Applicants have takenexception to reciprocity of 655 number – There is no error inreciprocity – The One-Man Committee took a decision that when655 employees are coming from Telangana State to Andhra Pradesh,same number should go from Andhra Pradesh to Telangana State –In the Concluding Report, final list was annexed, which is utility-wise and personnel-wise, which is clear and unambiguous – Thus,power utilities of both the States and all concerned to carry out andimplement the directions of the One-Man Committee Report.Service Law – Allocation of employees – Andhra PradeshReorganisaiton Act, 2014 – ss.3,4 and 82 – Challenge to allocationdone by One-Man Committee – Held: In the instant case, the One-Man Committee was entrusted only with distribution of personnelbetween the two States, which distribution has been finalised by theOne-Man Committee – Insofar as the allocation made by the One-Man Committee, no objection or challenge by any employee orofficer is entertainable, it was further clarified that the One-ManCommittee having completed the process of allocation, the saidallocation cannot be challenged by any employee or officer or anyutility before any forum. |
| Judge | Hon'ble Mr. Justice Ashok Bhushan |
| Neutral Citation | 2020 INSC 680 |
| Petitioner | Telangana Power Generation Corporation Ltd. (tsgenco) |
| Respondent | Andhra Pradesh Power Generation Corporation Ltd. Miscellaneous Application No (s). 1270/2020 In |
| SCR | [2020] 13 S.C.R. 987 |
| Judgement Date | 2020-12-07 |
| Case Number | 1270 |
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