THE HON’BLE SRI JUSTICE P.SAM KOSHY

AND

THE HON’BLE SRI JUSTICE NARSING RAO NANDIKONDA

WRIT PETITION NO.27393 OF 2018

ORDER: (per Hon’ble Sri Justice Narsing Rao Nandikonda)

This Writ Petition is filed under Article 227 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 proceedings No.116/ Registrar/SKLTSHU/2105 dated 26.07.2018, issued by respondent No.8 as illegal, arbitrary, contrary to law and against the principles of natural justice, violation of Article 14 of the Constitution of India, and consequently to set aside the same and direct the respondents to allow the petitioners to continue in their present posts with all service benefits

and to pass such other orders as they deem fit.

2. Heard Sri M.P.K.Aditya, learned counsel

appearing for petitioner Nos.1 and 3, Sri B.Rajeshwar Reddy, learned Government Pleader for State of Andhra Pradesh in Telangana High Court, Hyderabad, appearing for respondent Nos.3, 4 and 5, Sri G.Vidyasagar, learned

Senior Counsel representing Smt.K.Udaya Sri, learned Standing Counsel appearing for respondent No.8.

3. The brief facts of the case are that the 1^st petitioner herein was appointed as Assistant Professor on 19.11.1998 and he has been continuing as Associate Professor in respondent No.8-University and the other petitioners are also similarly placed.

4. While so, it is stated that the Parliament enacted a law, namely the Andhra Pradesh Re-organisation Act, 2014 (for short, ‘the Act, 2014’), by which the composite State of Andhra Pradesh was divided into the ‘State of Telangana’ and the ‘State of Andhra Pradesh’ with effect from 02.06.2014. Originally, there was only one Horticulture University namely Dr.Y.S.R. Horticultural University, which is located at Tadepalligudem in West Godavari District, which was included in the 10th Schedule appended to the Act, 2014, and the same was notified vide Gazette Notification No.294, dated 07.05.2015. The said University was listed at Serial No.17 by way of Notification No.294, dated 07.05.2015. Section 82 of the said Act, 2014 relates to provision of employees of Public Sector undertakings ete., which reads as follows:

“On and from the appointed day, the employees of State Public Sector Undertaking, Corporation and other autonomous bodies shall continue to function in such undertaking, Corporation or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the two successor States.”

5. It is further stated that the University was required to undertake the said exercise and allocate the personnel between both the States of Andhra Pradesh and the Telangana in the ratio contemplated under the Act, 2014. The said exercise ought to have been completed within one year i.e., by 01.06.2015. But the same did not happen. The petitioner along with other employees was working at the Horticultural, Medicinal & Aromatic Plants Research Station, Rajendranagar, Hyderabad prior to the commencement of the A.P. State Re-organisation Act and continuing to work there until the impugned orders were passed without conducting any exercise under Section 82 of the Act, 2014. By virtue of the said proceedings, the respondents are unilaterally allocated the petitioners to the State of Andhra Pradesh, which is contrary to law.

6. The petitioners along with others filed W.P.No.290 of 2016 and W.P.No.39008 of 2015, wherein this Court passed an interim order directing the petitioners, who were relieved pursuant to the impugned order, shall be continued in service of Sri Konda Laxman Telangana State Horticultural University, in the State of Telangana. This Court further held that their salaries and other emoluments shall be borne by the State of Andhra Pradesh and the State of Telangana in the ratio of 58.32:41.68. It was further held that both the Universities were directed to take s