HYDERABAD: In a setback to Telangana government and its power utilities, a division bench of the Hyderabad High Court on Friday declared the scheme framed by the Telangana state’s Transco, Genco, SPDCL and NPDCL for allocation of electricity employees based on their nativity between Telangana and Andhra Pradesh states as unconstitutional.The bench directed the power utilities of AP and Telangana to constitute joint committees and formulate modalities for distribution of the employees of over 1,200 between the two states within next two months and to implement the same within two months thereafter. The bench made it clear that the distribution should be made without taking the ‘nativity’ as the criterion.
The bench comprising Justice C V Nagarjuna Reddy and Justice MSK Jaiswal was allowing the batch petitions filed by 1242 electricity employees challenging the guidelines issued by the Telangana government for their distribution among AP and Telangana.In 2015, these employees approached the High Court and the latter constituted a committee headed by retired judge Justice Dharmadhikari to make some recommendations to resolve the issue and the committee had submitted its report to the government. Later, both the state governments were not prepared to implement the recommendations of the committee.
For the past several months, these employees have been paid salaries by both the states in the ratio of 48:52 without entrusting any duties to them. The cases were then placed before the above specially constituted bench to deal with the sensitive matter. Advocate K Lakshmi Narasimha, appearing for the repatriated employees, pointed out that the nativity of the employees was made the sole basis for their repatriation to AP. The authorities of Telangana have unilaterally framed the scheme for distribution of these employees between the two states, he noted.
On earlier occasions, the bench asked both the state governments to sit across the table and finalise the modalities and have an amicable solution to the issue. When it has not materialised, the present bench heard the petitions in detail and pronounced the judgment on Friday.The bench, in its order, while declaring the segregation of employees based upon nativity as illegal and unconstitutional, said that all such employees would be allowed to work in Telangana power corporations with continuity of service, salaries and all increments due to them. The Telangana would reimburse to AP if any salaries were paid by the latter pursuant to the earlier directions of the high court. All the employees who were already sent to AP were entitled for all the consequential benefits, salaries, increments and so on, it noted.
As per the order, seniority of the aggrieved employees would be restored with continuity of service. The promotions should also be given if they were eligible as per rules.The employees of seven mandals which were transferred to AP after 2014 would be governed by the scheme to be framed by the joint committees.
Setback to Telangana
HC directs power utilities of AP and Telangana to constitute joint committees and formulate modalities for distribution of the employees of over 1,200 between the two states within next two months
The distribution should be implemented within two months thereafter
The distribution should be made without taking the ‘nativity’ as the criterion
For the past several months, these employees have been paid salaries by both the states in the ratio of 48:52 without entrusting any duties to them