DEVARAKONDA MADHUSUDHANA RAO Vs. B MADHUSUDANA RAO

JUDGEMENT

(1.) The Andhra Pradesh State Electricity Board is an authority in terms of Article 12 of the Constitution of India. It is expected of a State to see that industrial peace is maintained and inter se dispute amongst the employees is as far as possible avoided. The instant case depicts a sorry state of affairs as to how the Board had been taking different stands at different stages in the matters of administration.

(2.) The appellants were originally the employees in the Sileru Hydro Electric Project. A large scale retrenchment of personnel had been effected in the said Project. The Board has issued instructions to all the Superintending Engineers including S.E., Vijayawada Thermal Power Station not to make any recruitments directly under them as the other personnel from the other units like Lower Sileru Hydro Electric Project have to be accommodated. The said Power Station was treated as a unit by amendment to service regulations in B.P.Ms./No.ll28 dated 24-10-1989 and the Board Memo dated 29-11-1989. The action on the part of the Board was challenged, but the same had been upheld. Negotiations were held between the Union and the Board whereupon an agreement was arrived at that despite the fact that the Board had imposed total ban on filling up existing vacancies, they would be accommodated in other circles upon duly retaining their lien and seniority in their parent circle - Lower Sileru Hydro Electric Project. On 28-5-1975, a memorandum was issued which reads as under: In B.P.Ms.No.18, dated 10-1-1974, certain technical and provincial posts for the Vijayawada Thermal Power Station were sanctioned. For filling up the posts of UDCs, LDCs and Typists instructions were issued to the Superintending Engineer, Vijayawada Thermal Power Station by the Chief Controller of Accounts that experienced candidates may be got by addressing the surrounding operation circles may spare senior most candidates as far as possible. It is also stated therein that the candidates coming from Operation Circles will have their lien in the parent circles with chances of confirmation and future promotions therein and in case if retrenchment in the new circle the candidates will go back to parent circles without creating problems for re-absorption. As per Regulation 10 of A.P.S.E.B. Service Regulations -Part III the seniority of a member of service who is transferred on administrative grounds from one unit to another unit shall be fixed in the later unit with reference to the date of his first appointment in the former unit and a member of a service who is transferred 'at his request' from one unit to another shall have his seniority fixed in the later unit with reference to the date of his first appointment in that unit. The issue has been examined and the attention of the Chief Engineers, Chief Controller of Accounts and Superintending Engineers, Vijayawada Thermal Station is drawn to the Board's M.No.207/Rl/74-4, dated 7-11-1974 and they are informed that the willingness of the senior and experienced employees of neighbouring operation circles of V.T.S. and T.L.C., Hyderabad who have given their willingness, in writing may be transferred to the V.T.S. on administrative grounds specifying the following conditions in their orders of transfer to the V.T.S. Vijayawada.

(3.) Yet again on 23-12-1977, the said decision was reiterated. Pursuant to and in furtherance of the said policy decision, the orders of transfer were issued through Memo No.02/F/32 Vol.1882/80 dated 30-3-1980. The personnel mentioned therein were transferred stating: The above personnel are informed that their transfer is according to Regulation 10(iii) of A.P.S.E. Board Service Regulations Part III and it would be left to the Board and the Superintending Engineer/Civil Circle, Donkarayi to transfer them back to L.S. Project wherever found necessary and no choice would be left to them. Their seniority will be maintained in Lower Sileru Project only.