A division bench of the Hyderabad High Court comprising Justice C. V. Nagarjuna Reddy and Justice M. S. K. Jaiswal on Friday declared that the en masse transfer orders issued by various power sector entities of Telangana sending nearly 1,200 employees to AP are unconstitutional and not sustainable.
The bench felt that the basis of ‘nativity’ was not proper in the light of constitutional scheme for such issues. New guidelines should be framed for such re-allotment within two months and they be implemented within two months thereafter.
The bench was disposing of a batch of writ petitions filed by about 1,200 employees of various categories.
The Telangana GENCO, Telangana TRANSCo and other discoms had issued orders sending 1,200 employees to AP after bifurcation of the State. These employees were relieved by the Telangana government and were asked to report to AP units.
The employees had approached the court complaining that the procedure, modalities etc. were not notified and unilaterally they were asked to leave.
The cases went up to the Supreme Court and they were sent back to the High Court and the Telangana government was paying the salaries though no work was taken from these employees.
The issue of nativity which was the basis of transfers and arguments in the court was extensively dealt with by the bench.
The bench did not appreciate the concept of ‘nativity’ for this and reminded that the constitutional scheme did not permit such stance of the Telangana power units. The power organisations of both states should constitute committees to prepare modalities and the issue of ‘nativity’ shall not be a criteria within two months. Then, within two months, the allocation would be made. Till this was done, the employees who were relieved by the impugned orders would be allowed to work without any discrimination.
Seniority of these employees would be restored with continuity of service and service benefits given. Promotions etc. shall also be given if they were eligible as per rules.
The Telangana units should return the money paid by AP units which they had paid towards the salary component as per court orders within three months. The employees of seven mandals which were transferred to AP after 2014 would be governed by the scheme to be framed.
