Andhra Pradesh High Court - Amravati
Krs. Dharma Gnani vs Ap Transcorep By Gm., Vidyut ... on 3 March, 2021
Bench: Arup Kumar Goswami, C.Praveen Kumar
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE C. PRAVEEN KUMAR
WRIT APPEAL No.2033 of 2004
(Taken up through video conferencing)
K.R.S.Dharma Gnani
S/o. K.Israel, a/a.39 years,
Occ:A.A.O., O/o.the S.E.(Operation),
APSPDCL, Bhavani Nagar, Tirupati,
Chittoor District. .. Appellant/
Petitioner
Versus
A.P.Transco represented by its
General Manager (Personnel),
Vidyut Soudha, Hyderabad and 5 others ..Respondents/
Respondents
Counsel for the appellant : Mr.G.Vidyasagar, Sr.Counsel
assisted by Mr.V.Padmanabha Rao
Counsel for respondents 1 to 6 : Mr.Y.Nagi Reddy
JUDGMENT (ORAL)
Date: 03.03.2021
(Arup Kumar Goswami, CJ)
Heard Mr.G.Vidyasagar, learned Senior Counsel assisted by
Mr.V.Padmanabha Rao, learned counsel for the appellant.
2. This appeal is directed against an order dated 30.11.2004 passed in
W.P.No.18008 of 2002, whereby the writ petition filed by the appellant,
along with batch, was dismissed.
3. In the writ petition, the appellant made a grievance that he was
allotted to Central Power Distribution Company of A.P.Ltd., ignoring the
revised option submitted by him on 15.07.2002, and seeking a direction to
the respondents to consider his revised option in favour of Southern Power
Distribution Company of A.P. Ltd.
4. On the basis of I.A.No.1 of 2020, it is submitted by Mr.G.Vidyasagar,
learned Senior Counsel, that because of an interim order granted in
W.A.M.P.No.3705 of 2004 in W.A.No.2033 of 2004, the appellant is
continuing to work in the Southern Power Distribution Company of A.P.Ltd.
He has referred to paragraph Nos.4, 5, 6, 7, 8, 9 and 10 of the said I.A. It
is submitted that despite service of the appellant being allocated to the
Southern Power Distribution Company of A.P.Ltd. in view of the report of
Justice D.M.Dharmadhikari (Retd), dismissal of the Writ Petition may come
in the way and, therefore, in view of subsequent development, observations
may be made by this Court that dismissal of the writ petition shall not come
in the way in allocation of the appellant to the Southern Power Distribution
Company of A.P.Ltd. He further submits that this Court may also direct the
respondents/authorities to grant consequential benefits, such as, seniority
etc.
5. Mr. Y.Nagi Reddy, learned standing counsel for the respondents,
submits that he will have no objection to the prayer made by
Mr.G.Vidyasagar to the extent that dismissal of the writ petition shall not
come in the way of appellant's allocation to Southern Power Distribution
Company of A.P.Ltd. However, he contends that this Court ought not to
make any observation in the Writ Appeal with regard to the seniority etc.,
of the appellant and if the appellant has any grievance, he can raise it in an
appropriate forum.
6. Paragraph Nos.4, 5, 6, 7, 8, 9, and 10 of I.A.No.1 of 2020, read as
follows:
"4. It is submitted that, the State of Andhra Pradesh was
reorganized by Act 6 of 2014. In terms of the Section 82 of the
Reorganization Act, the Central Power Distribution Company of
A.P. (now TSSPDCL) issued proceedings dated 10.06.2015
allocating me to Southern Power Distribution Company of A.P.
where I have been working from 2002 onwards. The said
proceedings although issued under the A.P. Reorganisation Act,
they were subject matter of Civil Appeal No.11435 of 2018
before the Hon'ble Supreme Court. The Hon'ble Supreme Court
by an order dated 28.11.2018 appointed a One Man Committee
consisting Justice D.M.Dharmadhikari, Judge, Retired Supreme
Court of India for allocation of employees working in Public
Sector in both the States.
5. The Hon'ble One Man Committee by its final order dated
26.12.2019 allocated the employees in which I was allocated to
A.P. Southern Power Distribution Company.
6. The Southern Power Distribution Company of Telangana,
Hyderabad issued SP.O.O. (CGM-HRD) Ms.No.85 dated
04.01.2020 issuing the reliving order on paper and finally
allocating me to SPDCL of A.P.
7. It is submitted that, subsequently the Hon'ble One Man
Committee consisting of Justice D.M.Dharmadhikari, Judge
Retired passed supplementary report dated 11.03.2020 and
concluding report dated 20.06.2020. In the concluding report
also my name finds placed at Sl.No.98 allocated to the Southern
Power Distribution Company of A.P. Ltd.
8. It is submitted that, in pursuance of the allocation of
employees made by the Hon'ble One Man Committee, the
Southern Power Distribution Company of A.P. issued
proceedings in S.O.O. (CGM-HRD) Ms.No.585 dated 09.07.2020
allocating me and continuing me as Asst. Accounts Officer in
SPDCL of A.P.
9. It is submitted that, SPDCL of A.P. also issued memo
No.CMD/D.No.431/120 dated 14.10.2020 posting me as
Accounts Officer/Corporate Office, Tirupati on Incharge
arrangements, finally allocating me to SPDCL of Andhra Pradesh
with all consequential benefits to which I am entitled to.
10. It is submitted that, in pursuance of the orders of Hon'ble
One Man Committee the Hon'ble Justice D.M.Dharmadhikari, I
also made representation to the 4th respondent to absorb me
into their service without reference to allocation made in the
year 2002."
7. Considering the matter in its entirety, we dispose the writ appeal
providing that dismissal of writ petition so far as the writ petitioner is
concerned shall not be taken against him and independent of the dismissal
of the writ petition the authorities will follow the report of Hon'ble Justice
D.M.Dharmadhikari (Retd). We also observe that it will be open for the
appellant to agitate his grievances, if any, in an appropriate forum.
8. No costs. Pending miscellaneous applications, if any, shall stand
closed.
ARUP KUMAR GOSWAMI, CJ C. PRAVEEN KUMAR, J
GM
