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PAMIDIGHANTAM SRI NARASIMHA, PANKAJ MITHAL
Andhra Pradesh State Road Transport Corporation – Appellant
Versus
V. V. Brahma Reddy – Respondent
JUDGMENT
PAMIDIGHANTAM SRI NARASIMHA, J.
1. These appeals are against the common judgment of the High Court of Andhra Pradesh dated 21.11.2019 dismissing the writ appeals filed by the appellant herein and upholding the order of the single judge of the High Court allowing the respondents’ writ petitions and quashing orders repatriating them to their parental zones. Relevant and necessary facts are as follows.
2. The State of Telangana was formed under Section 3 of the Andhra Pradesh Reorganisation Act, 2014 [Hereinafter “the Act”] comprises of territories mentioned therein, and by virtue of Section 4, remaining the territories constituted the State of Andhra Pradesh. The bifurcation of states came into effect on 02.06.2014 and this is declared to be the appointed date under the Act.
2.1 Prior to bifurcation of the erstwhile State of Andhra Pradesh, the Andhra Pradesh State Road Transport Corporation (APSRC) [Hereinafter “APSRTC”] functioned in the unified State of Andhra Pradesh. After state reorganisation, the Corporation was bifurcated and the Telangana State Road Transport Corporation (TSRTC) [Hereinafter “TSRTC”], respondent no. 2 herein, was formed w.e.f. 02.06.2015 (appointed date
The court established that Section 82 of the Andhra Pradesh Reorganisation Act governs the allocation of employees in public sector undertakings, overriding the applicability of Section 77.
Court ruled that repatriation orders of employees on deputation were arbitrary due to lack of formal cadre bifurcation, enforcing employee rights against selective discrimination.
Allocation of state cadre employees must consider spouse factors and local status as per guidelines under the Andhra Pradesh Reorganization Act, 2014.
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