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2020 Supreme(SC) 696

SUPREME COURT OF INDIA
Ashok Bhushan, M.R. Shah, JJ.
TELANGANA POWER GENERATION CORPORATION LTD. (TSGENCO) – APPELLANT(S)
VERSUS
ANDHRA PRADESH POWER GENERATION CORPORATION LTD. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1270 of 2020 IN CIVIL APPEAL NO(S). 11435 of 2018
WITH
TELANGANA POWER GENERATION CORPORATION LTD. (TSGENCO) – APPELLANT(S)/ APPLICANT(S)
VERSUS
ANDHRA PRADESH POWER GENERATION CORPORATION LTD. & ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1286 of 2020 IN CIVIL APPEAL NO(S).11435 of 2018
WITH
TELANGANA POWER GENERATION CORPORATION LTD. (TSGENCO) T.N. SUDHAKARA MURTHY & ORS. – APPELLANT(S)/ APPLICANT(S)
VERSUS
ANDHRA PRADESH POWER GENERATION CORPORATION LTD. & ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION………………DIARY NO.13844 of 2020 IN CIVIL APPEAL NO(S).11435 of 2018
WITH
TELANGANA POWER GENERATION CORPORATION LTD. (TSGENCO) APSPDCL RELIEVED EMPLOYYES (ALLOTTED TO TSNPDCL) – APPELLANT(S)/ APPLICANT (S)
VERSUS
ANDHRA PRADESH POWER GENERATION CORPORATION LTD. & ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1287 of 2020 IN CIVIL APPEAL NO(S).11435 of 2018
WITH
TRANSMISSION CORPORATION OF TELANGANA LTD. (TSTRANSCO) – APPELLANT(S)/ APPLICANT(S)
VERSUS
TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD.(APTRANSCO) AND ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1290 of 2020 IN CIVIL APPEAL NO(S).11436 of 2018
WITH
TELANGANA SOUTHERN POWER DISTRIBUTION CORPORATION LTD. (TSSPDCL) – APPELLANT(S)/ APPLICANT(S)
VERSUS
ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CORPORATION LTD. & ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1292 of 2020 IN CIVIL APPEAL NO(S).11438 of 2018
WITH
TELANGANA POWER GENERATION CORPORATION LTD. (TSGENCO) – APPELLANT(S)/ APPLICANT(S)
VERSUS
ANDHRA PRADESH POWER GENERATION CORPORATION LTD. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1331 of 2020 IN CIVIL APPEAL NO(S).11435 of 2018
WITH
TELANGANA STATE NORTHERN POWER DISTRIBUTION CORPORATION LTD(TSNPDCL) – APPELLANT(S)/ APPLICANT(S)
VERSUS
ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED (APSPDCL) & ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1291 of 2020 IN CIVIL APPEAL NO(S).11437 of 2018
WITH
TRANSMISSION CORPORATION OF TELANGANA LTD. (TSTRANSCO) – APPELLANT(S)/ APPLICANT(S)
VERSUS
TRANSMISSION CORPORATION OF ANDHRA PRADESH LTD.(APTRANSCO) AND ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1289 of 2020 IN CIVIL APPEAL NO(S).11435 of 2018
WITH
TELANGANA ELECRICITY ENGINEERS ASSOCIATION & ORS. – APPELLANT(S)/ APPLICANT(S)
VERSUS
MUDE NARSIMHULU & ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1293 of 2020 IN CIVIL APPEAL NO(S).11440 of 2018
WITH
TELANGANA POWER GENERATION CORPORATION LTD (TSGENCO) ANDE JAGADISH & ORS. – APPELLANT(S)/APPLICANT(S)
VERSUS
ANDHRA PRADESH POWER GENERATION CORPORATION LTD. & ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION………………DIARY NO.16612 of 2020 IN CIVIL APPEAL NO(S).11435 of 2018
WITH
TELANGANA POWER GENERATION CORPORATION LTD (TSGENCO) L. PRAVEENKUMAR REDDY & ORS. – APPELLANT(S)/APPLICANT(S)
VERSUS
ANDHRA PRADESH POWER GENERATION CORPORATION LTD. & ORS. – RESPONDENT(S)
MISCELLANEOUS APPLICATION NO(S). 1631 of 2020 IN CIVIL APPEAL NO(S).11435 of 2018
WITH
TELANGANA POWER GENERATION CORPORATION LTD (TSGENCO) & ORS. – APPELLANT(S)/KESANA BABU RAO & ORS. – APPLICANT(S)
VERSUS
J.V.V. SURESH KUMAR & ORS. ETC. ETC. – RESPONDENT(S)
MISCELLANEOUS APPLICATION………………DIARY NO.19295 of 2020 IN CIVIL APPEAL NO(S).11453 of 2018
AND
TELANGANA POWER GENERATION CORPORATION LTD (TSGENCO) – PETITIONER(S)
VERSUS
J.V.V. SURESH KUMAR & ORS. ETC. ETC. – RESPONDENT(S)/ J.V.V. SURESH KUMAR & ORS. – APPLICANTS
MISCELLANEOUS APPLICATION………………DIARY NO.19982 of 2020 IN CIVIL APPEAL NO(S).11453 of 2018
Decided on : 07-12-2020

Headnote:

Andhra Pradesh Reorganisaiton Act, 2014 - Section 4 and 82 – Agreement - Appointed a One-Man Committee - Disputes arose in wake of division of erstwhile State of Andhra Pradesh into two States, namely, State and residuary state of Andhra Pradesh by Andhra Pradesh Reorganisation Act, 2014 - Court vide its judgment dated while upholding judgment of High Court with agreement of learned counsel for parties appointed a One-Man Committee consisting of Justice D.M. Dharmadhikari, a former Judge of this Court for distributing personnel between two States - Present set of miscellaneous applications have been filed by Power utilities, certain employees and employees associations after submission of concluding report dated by One-Man Committee - Whether division of employees of TSSPDCL need not be undertaken in view of clause C(8) of Twelfth Schedule ? – Held, Court having upheld allocation made by One-Man Committee from Andhra Pradesh to State also, Court find no merit in M.A. No.which stands rejected - Court make it clear that One-Man Committee was entrusted only with distribution of personnel between two States, which distribution has been finalised by One-Man Committee - Insofar as allocation made by One-Man Committee, no objection or challenge by any employee or officer is entertainable, Court clarify that One-Man Committee having completed process of allocation, said allocation cannot be challenged by any employee or officer or any utility before any forum - Insofar as other claims regarding salary or allowances as raised in different M.A.s, they need no consideration in proceedings and employees of power utilities are free to adjudicate their claims before appropriate forum in accordance with law - All other M.A.s are disposed of accordingly.

JUDGMENT

Ashok Bhushan, J.

These Miscellaneous Applications have been filed in Civil Appeal No.11435 of 2018 decided by this Court vide judgment dated 28.11.2018. Civil Appeal No. 11435 of 2018 was filed against the common judgment dated 02.02.2018 passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh in Writ Petition No.17994 of 2015 and other connected writ petitions.

2. The High Court vide its judgment dated 02.02.2018 decided the bunch of writ petitions raising the dispute pertaining to allocation of the employees of the power sector undertakings in the States of Telangana and Andhra Pradesh. The disputes arose in the wake of the division of the erstwhile State of Andhra Pradesh into two States, namely, the State of Telangana and the residuary state of Andhra Pradesh by Andhra Pradesh Reorganisation Act, 2014. This Court vide its judgment dated 28.11.2018 while upholding the judgment of the High Court with the agreement of the learned counsel for the parties appointed a One-Man Committee consisting of Justice D.M. Dharmadhikari, a former Judge of this Court for distributing the personnel between two States. After the judgment of this Court dated 28.11.2018, One-Man Committee proceeded to formulate the modalities for distributing the personnel, prepared the reports allocating the personnel at several stages. The miscellaneous applications were filed in this Court in the civil appeal in pursuance of the liberty granted by this Court in its judgment dated 28.11.2018 permitting the parties to approach the Court by filing an interlocutory application, if any, clarification or further directions were required.

3. The present set of miscellaneous applications have been filed by Telangana Power utilities, certain employees and employees' associations after submission of the concluding report dated 20.06.2020 by the One-Man Committee.

4. Before we proceed to consider the present set of miscellaneous applications, it is necessary to notice the genesis of dispute.

5. The Andhra Pradesh Reorganisaiton Act, 2014 (hereinafter referred to as "Act, 2014") was enacted by Parliament to provide for the reorganisation of the existing State of Andhra Pradesh and for matters connected therewith. By Section 3, Telangana State was formed comprising of the territories mentioned therein and by virtue of Section 4, the State of Andhra Pradesh was to comprise the territories of the existing state of Andhra Pradesh. In the present case, we are concerned only with power utilities. Related provision for employees of public sector undertaking is contained in Section 82, which is to the following effect:-

    "82. Provision for employees of Public Sector Undertakings, etc.- "On and from the appointed day, the employees of State Public Sector Undertakings, corporations and other autonomous bodies shall continue to function in such undertaking, corporation or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the two successor States."

6. 02.06.2014 was notified as the appointed date under the Andhra Pradesh Reorganisation Act, 2014. In the United State of Andhra Pradesh, existing power utilities where Andhra Pradesh Generation Corporation, Andhra Pradesh Transmission Corporation and four Power Distribution Companies described as Eastern, Southern, Central and Northern DISCOMS. The State of erstwhile Andhra Pradesh issued Government Orders dated 29.05.2014, No.24 for Distribution Companies, Government Order No.25 for Generation Companies and Government Order No.26 for Transmission Corporation whereby assets and liabilities of the aforesaid corporations and companies were apportioned between the two new States alongwith the posts sanctioned for the employees working in those power sector corporati


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