Back
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
Vision Family Salon And Spa – Appellant
Versus
Prl.Secretary Home – Respondent
ORDER :
A. RAJASHEKER REDDY, J.
As the issue involved in all these writ petitions is one and the same, they are being heard together and disposed of by way of this Common Order.
2. It is the case of the petitioners that they are working as drivers/conductors/shramiks in various bus depots of the respondent Corporation in the State of Andhra Pradesh, but originally their parent regions are situated in the State of Telangana in TSRTC. All these petitioners claim to be the natives of State of Andhra Pradesh and their original appointment was in the State of Telangana. When matter stood thus, the 3rd respondent- Depot Managers in all the writ petitions issued letters dated 23.12.2016/15.06.2017/29.06.2017/30.06.2017 repatriating the petitioners to their parent regions in State of Telangana in TSRTC and some of the petitioners are being transferred. Aggrieved by the same, present writ petitions are filed.
3. It is the case of the petitioners that as on today, the respondent Corporation is not totally bifurcated and no such notification was issued till today; that a committee is examining the difficulties of the employees working in A.P and Telangana and the employees also submitted represen
Court ruled that repatriation orders of employees on deputation were arbitrary due to lack of formal cadre bifurcation, enforcing employee rights against selective discrimination.
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.
The court ruled that terms referring to 'deputation' in employment must be interpreted as 'transfer', thus reinforcing seniority rights of employees post-bifurcation of states.
The action of the authorities in deputing, deploying, or repatriating employees working in one wing to the other wing, and vice versa, is unsustainable in law and on facts on grounds more than one.
Judicial review of transfer orders is limited; absence of a defined transfer policy renders such orders arbitrary, necessitating formulation of a policy.
Allocation of state cadre employees must consider spouse factors and local status as per guidelines under the Andhra Pradesh Reorganization Act, 2014.
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.
Deputationists do not have an indefeasible right to remain in the borrowing department permanently; repatriation to the parent department is justified after five years of service on deputation.
Appointments on deputation do not confer a right to continue beyond the specified term, and the distinction between transfer and appointment on deputation is significant.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
