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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
P.SAM KOSHY, NARSING RAO NANDIKONDA
A. Ramakrushna, S/o Late A. Nageswara Rao – Appellant
Versus
Telangana State Power General Corporation Limited – Respondent
ORDER :
These two Writ Petitions are filed under Article 226 of the Constitution of India praying this Court to issue a Writ, Order or Direction, more particularly, one in the nature of writ of Mandamus declaring the action of the 1strespondent in issuing letter Nos.CMD/Dir(HR/DS (Estt) /AS (EStt)/174/2017-1, dated 05.01.2021, letter No.Dir (HR)/DS (Estt) AM(HR)/14/2020-1, dated 21.01.2021 to be bad in law and to quash or set aside the same. Consequently to direct 1st respondent to accept the request of the petitioners for being repatriated to the 1st respondent- Corporation and grant promotion as Assistant Accounts Officer from the date on which his/her juniors stood promoted, as per seniority list, dated 10.05.2013. Further to grant all the benefit (seniority and monetary that would flow out of the reliefs and prayed to release the same together with interest at reasonable rate.
2. Heard Sri Goda Shiva, learned Senior Counsel, representing Smt. Goda Rama Lakshmi, learned counsel for the petitioners, Sri B.Rajeshwar Reddy, learned Government Pleader appearing on behalf of Sri P.Govind Reddy, learned counsel for the State of Andhra Pradesh- respondent No.2 and Sri G.Vidyasagar, learn
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.
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.
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....
Contempt of Court – To raise same objections/issues again and again would tantamount to contempt of Court – There must be an end to a litigation.
The main legal point established in the judgment is that the Respondent was entitled to be allocated to the State of Telangana even on spouse ground and the Union of India erred in rejecting the requ....
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.
Prior service rendered before an inter-state transfer is valid for promotion eligibility, even if seniority is lost, as established by previous court rulings.
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.
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