The court emphasized that constitutional challenges must be supported by clear pleadings, and the amendment by TRANSCO was valid as it fell within its regulatory powers.

ORDER:

Sujoy Paul, J.

The petitioners, Sub-Engineers, working with the Transmission Corporation of Telangana Limited (TRANSCO) were earlier eligible to be appointed by transfer as Additional Assistant Engineer, as per the Rules prevailing before issuance of T.O.O. (Jt- Secy-Per) Ms.No.1475, dated 08.09.2022, whereby through Amendment II, the erstwhile provisions/Note contained in Annexure-I of Regulation 6 (a) of Part III of Andhra Pradesh State Electricity Board (Board) Service Regulations (APSEB) was deleted, which is detrimental to the interest of petitioners to become Additional Assistant Engineers by way of transfer.

2. In this batch of petitions filed under Article 226 of Constitution the constitutionality of T.O.O. (Jt-Secy-Per) Ms.No.1475 dated 08.09.2022, is called in question by principally contending that it runs contrary to spirit of Section 24 of the Andhra Pradesh Electricity Reforms Act, 1998 (‘Act of 1998’), Rule 7 of the Andhra Pradesh Electricity Reforms (Transfer Scheme) Rules, 1999 (‘Rules of 1999’) and tripartite agreements.

Contention of the petitioners:

3. Sri M. Surender Rao, learned Senior Counsel for the petitioners urged that the main challenge to impugned order dated 08.09.2022 is on the ground of competence of the Corporation in issuing Amendment II to delete the existing proviso of item (i) and (ii) and Note-3 (service weightage), in Column (2) against Additional Assistant Engineer under Category-4 Class-II in Branch-II Civil. The ‘note’ which was deleted by way of issuance of impugned order reads thus:

“Note:-

For the computation of eight years of service half the continuous service other than the service as nominal muster roll worker rendered prior to acquisition of LEE diploma qualification subject to a maximum of four years shall be taken into account for all categories.”

4. It is contended that the Electricity (Supply) Act, 1948 (‘Act of 1948’) was enacted to provide rationalization of production in supply of electricity for taking necessary conduction of Electrical Development and for all matters incidental thereto.

5. Sub-section 2 of Section 2 of the Act of 1948 defines the word ‘Board’. Section 5 provides ‘constitution and composition’ of said Electricity Board. Section 79 empowers the ‘Board’ to make regulations by publishing notifications in the official gazette in relation to the matters provided therein, which includes the matters mentioned in Clause (c) thereof. As envisaged in Clause (c), the ‘Board’ is empowered to make regulations relating to the duties of the officers and other employees of the ‘Board’ and their salaries, allowances and other conditions of service.

6. In exercise of power under Section 79 (c) of the Act of 1948, the ‘Board’ made seven types of regulations, 1. The Andhra Pradesh State Electricity Board Service Regulations Part-I. 2. The Andhra Pradesh State Electricity Board Service Regulations Part- II. 3. The Andhra Pradesh State Electricity Board Service Regulations Part- III. 4. The Andhra Pradesh State Electricity Board Employees Leave Regulations. 5. The Andhra Pradesh State Electricity Board Special Pay and Allowance Regulations. 6. The Andhra Pradesh State Electricity Board GPF Regulations. 7. The Andhra Pradesh State Electricity Board Pension Regulations.

7. It is canvassed that the aforesaid seven regulations were brought into force by BPMS No.199 dated 04.03.1970. The petitioners are concerned with the APSEB Service Regulations Part I, II and III. Part-III of the regulation provides for constitution of service and satisfaction thereof.

8. It is contended that the post of Additional Assistant Engineer, which was included in Category-I of Clause III of Branch-I of Electrical was required to be filled up by appointment from the categories of ‘Board’ employees mentioned in Annexure-I to the regulation. The regulation provides that the employees in the category of posts mentioned therein having eight years of service after acquiring LEE Diploma were entitled to be consi