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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUJOY PAUL, NAMAVARAPU RAJESHWAR RAO
M. Lakshma Naik – Appellant
Versus
Transmission Corporation of Telangana Limited – Respondent
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 ord
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.
Transfer orders within a corporation are valid administrative actions and do not require statutory regulations, affirming the limited scope of judicial review in such matters.
Disciplinary proceedings must adhere to statutory provisions; if Service Regulations are not notified under Section 13B of the Act, Model Standing Orders apply and render any contrary action void.
The court upheld the validity of the final seniority list, affirming compliance with the A.P. Reorganization Act and the One Man Committee's directives, while emphasizing the need for adherence to pr....
Regulation 116 of the Safety Regulations permits deviation from the qualifications prescribed in the Safety Regulations, and the State Government has the power to allow such deviation. However, the e....
The MACP guarantees financial advancement to the immediate next higher grade pay, not promotional posts, and unapproved executive orders cannot override statutory regulations.
Transfer orders violating established seniority rules and adversely affecting employee rights are unlawful, necessitating fresh orders that respect seniority and consider administrative exigencies.
The central legal point established in the judgment is the entitlement of the petitioners to the benefits of Regulation 30-A, the discriminatory nature of the rejection orders, and the violation of A....
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