INTRODUCTION:

This writ petition concerns itself with the dispute of provisionally allocating, or more appropriately, transferring, certain employees in the same organisation, in anticipation of its restructuring, and consequential reallocation of its staff on a permanent basis. Before proceeding further, the issue is to be contextualised by stating that, as on the date the cause of action arose for the petitioners to seek judicial redressal, there was one unified state and the Andhra Pradesh State Reorganisation Act had not been given full effect, as it was prior to the Appointed Day.

The petitioners, employees of the erstwhile Central Power Distribution Company Limited (APCPDCL), which, after 02.06.2014, is called Telangana Southern Power Distribution Company Limited (TGSPDCL) in terms of A.P. Re-organisation Act, 2014, have assailed in this Writ Petition the orders issued by the first respondent on 31.05.2014 provisionally allotting their services to Southern Power Distribution Company of A.P Limited (APSPDCL), the second respondent.

BACKGROUND:

The Andhra Pradesh State Electricity Board (APSEB) was formed on 01.04.1959, and continued to be in existence till the late 1990s. On 14.06.1997, in the wake of World Bank recommendations, the government of erstwhile AP released a power sector policy statement indicating proposed policy and structural changes in the power sector. Accordingly, the Electricity Reforms Act of 1998 was brought into existence with effect from February 1999. The AP Gazette No.37, published on 31.03.2000, declared formally the formation of four Distribution Companies. In that process, AP Central Power Distribution Company Limited (APCPDCL) was formed on 01-04-2000 to cater to the electricity needs of seven districts in the erstwhile combined state of Andhra Pradesh, viz. Ananthapur, Kurnool, Hyderabad, Rangareddy, Mahaboob Nagar, Medak & Nalgonda districts. The APCPDCL is the largest of the four power distribution companies, namely APEPDCL, APSPDCL, APNPDCL and APCPDCL. Similarly, AP Southern Electricity Distribution Company (APSPDCL) was formed for six districts, with its Corporate Office and Headquarters at Tirupati City. The six districts are Krishna, Guntur, Prakasam, Nellore, Chittoor, Kadapa, Anantapur and Kurnool. These distribution companies, for short ‘discoms’, continued to be in existence as independent entities till 01.06.2014.

The Parliament, in exercise of powers conferred on it in terms of Articles 3 & 4 of the Constitution of India, enacted the Andhra Pradesh Reorganisation Act, 2014 (the Act 6 of 2014, for brevity) proclaiming the bifurcation of the Andhra Pradesh state into two states, Telangana and residuary Andhra Pradesh. The Act, being comprehensive dealing with all aspects of the division of the state, received the assent of the President on 1st March, 2014, having 2nd June, 2014 as the appointed day for the new state. On the eve of the bifurcation of the state, the government of the erstwhile State of AP took various provisional measures to facilitate an easy transition of one state into two. Under those circumstances, the dispute in the present lis has arisen.

FACTS IN BRIEF:

The facts in brief are that all the petitioners have been working in different capacities in the 1st respondent company, formerly the APCPDCL and presently Telangana Southern Power Distribution Company Limited (TGSPDCL). In the wake of the bifurcation of the State of AP through the Andhra Pradesh Reorganisation Act, 2014 (the ‘Act’ for brevity) and also supposedly in terms of G.O.Ms.No.24, Energy Department, dated 29.05.2014, issued by the then composite State of Andhra Pradesh, the first respondent issued proceedings in COO (CGMHRD) Ms.No.318, dt. 31.05.2014, provisionally allocating the petitioners to serve in the second respondent company (APSPDCL) until final determination of the staffing pattern in the respective States and until permanent fixation of staffing pattern in both the states. Termin