IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NOS: 20542 OF 2016 & 14563 OF 2017 WRIT PETITION NO: 20542 OF 2016 Between: AP Electricity Bahujana Employees Welfare Association, (Regd.No,79/2011) D.No.53-1-46, 3rd Lane, Clowghpet Ongole, Prakasam District Rep. by its General Secretary T.Anjaiah, S/o Vinayakudu Aged 46 years Presently working as Junior Accounts Officer, Office of Superintending Engineer (Operations) Circle Office, Ongole, Prakasam District. ...PETITIONER AND 1. The State of Andhra Pradesh, Energy, Infra & Investment Dept, Energy, Infrastructure & Investment Department, Secretariat Buildings, Hyderabad. 2. A.P.Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyuth Soudha, Khairatabad Hyderabad. 3. The Chairman & Managing Director, Southern Power Distribution Company of A.P.Ltd. Tirupathi, Chittoor District. 4. The Chairman & Managing Director, Eastern Power Distribution Company of A.P.Ltd. Corporate Office, Visakhapatnam. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ, order or direction more in the nature of may r 2 Mandamus or any other appropriate writ declaring the Proceedings issued — by the 2nd Respondent Corporation in Memo No.Addl.Secy./DS(L.l r. it- ■ ^R)/AS/Lir & R)/PO(IR)/JPO/185/214 dt.15-06-2016 and the consequential Memo No.CMD/CGM(HRD)/JS(HRD)/DGM-1/PO-ll/A.1/D.No.497(47)/16 ^<dt. 16-06-2016 of the 3rd Respondent and Memo No.EPCOR- :.Q6001(01)73/2016 Estt.-1-COR/C.69727/D.No.1/27343/16 dt.20-06-2016 of the 4th Respondent without giving any notice or opportunity and in not extending the protection of transfer and other privileges to the Office Bearers of the Petitioner Association is illegal, arbitrary, discriminatory, amounts to unfair labour practice violation of the principals of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently set aside the impugned proceedings of the Respondent Nos.2 to 4 with all service benefits. I.A. NO: 1 OF 2016rWPMP. NO: 25190 OF 20161 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an interim direction, directing the Respondents 2 to 4 to extend the protection of transfer to the office bearers of the Petitioner Association by extending all privileges on par with other trade unions/associations by suspending Proceedings &R)/AS/Lir&R)/PO(IR)/JPO/185/214 Memo in No.Addl.Secy./DS(L.lr. dt. 15-06-2016 of the 2nd Respondent and the consequential Memo No.CMD/CGM(HRD)/JS(HRD)/DGM-1/PO 16-06-2016 ll/A.1/D.No.497(47)/16 dt. of the 3rd Respondent and Memo No.EPCOR- 06001 (01 )/3/2016 -Estt.-I-COR/C.69727/D.No. 1/27343/16 dt.20-06-2016 of the 4th Respondent pending disposal of the above writ petition. 3 I.A. NO: 1 OF 2017fWVMP. NO: 2099 OF 2017) Between: A.P.Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyuth Soudha, Khairatabad Hyderabad. ...PETITIONER/2^° RESPONDENT AND 1. AP Electricity Bahujana (Regd.No.79/2011) D.No.53-1-46, 3rd Lane, Clowghpet Ongole, Prakasam District Rep. by its General Secretary T.Anjaiah, S/o Vinayakudu Aged 46 years Presently working as Junior Accounts Officer, Office of Superintending Engineer (Operations) Circle Office, Ongole, Prakasam District. Employees Welfare Association, ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Energy, Infra & Investment Dept, Energy, Secretariat Buildings, Infrastructure & Investment Department Hyderabad. 3. The Chairman & Managing Director, Southern Power Distribution Company of A.P.Ltd. Tirupathi, Chittoor District. 4. The Chairman & Managing Director, Eastern Power Distribution Company of A.P.Ltd. Corporate Office, Visakhapatnam. ...RESPONDENTS/ RESPONDENTS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted in WPMP.No.25190 of 2016 in WP.No.20542 of 2016 dated 24-06-2016. LA. NO: 2 OF 2017tWVMP. NO: 4978 OF 2017) Between: Eastern Power Distribution Company of A.P.Ltd. Visakhapatnam rep. by its Chairman & Managing Director. Corporate Office 4 ...PETITIONER/ RESPONDENT No.4 AND Electricity Bahujana Employees Welfare Association, (Regd.No.79/2011) D.No.53-1-46, 3rd Lane, Clowghpet Ongole, Prakasam District Rep. by its General Secretary T.Anjaiah, S/o Vinayakudu Aged 46 years Presently working as Junior Accounts Officer, Office of Superintending Engineer (Operations) Circle Office, Ongole, Prakasam District. ...RESPONDENT/ PETITIONER 2. The State of Andhra Pradesh, Energy, Infra & Investment Dept, Energy, Infrastructure & Investment Department, Secretariat Buildings, Hyderabad. 3. A.P.Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyuth Soudha, Khairatabad Hyderabad. 4. The Chairman & Managing Director, Southern Power Distribution Company of A.P.Ltd. Tirupathi, Chittoor District. ...RESPONDENTS/ RESPONDENTS No.1 TO 3 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 24.06.2016 in WPMP No. 25190 of 2016 in WP No. 20542 of 2016. Counsel for the Petitioner: SRI K KOUTILYA Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent No. 2: SRI ANUP KOUSHIK KARAVADI (SC FOR APTRANSCO) Counsel for the Respondent No.3: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) Counsel for the Respondent No.4: SRI V V SATISH (SC FOR APEPDCL) 5 WRIT PETITION NO: 14563 OF 2017 Between: Navyandhra Pradesh Electricity Employees Welfare Association No. 113/2015), Door No.2-33-71/1 - Lenin Road, Tenali, Guntur District, of Andhra Pradesh. Rep. by its General Secretary, Shaik Nurul Ameen _. Abdul Aziz, Aged 35 years. Working as Junior Assistant, O/o. E.R.O APSPDCL, Tenali, Guntur District. (Regd. . State S/o. ...PETITIONER AND 1. The State of Andhra Pradesh, Energy, Infrastructure & Investment Department, Rep. by its Principal Secretary, Velagapudi at Amaravathi Guntur District. 2. A.P Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyut Soudha, Khairtabad at Hyderabad. 3. The Chairman & Managing Director, Southern Power Distribution Company of A.P Ltd., Corporate Office, Tirupathi, Chittor District of A.P. State ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a writ order or direction may more in the nature of Mandamus declaring the action of the Respondents not recognizing and extending the transfer protection to the Office bearers of the Petitioner's Association on par with the similarly situated Employees Associations action of the 1st Respondent not taking further steps on the claim of the Petitioner based on letter No. 498/OP.A2/2016 dated: the 28-02-2017 as illegal, practice, consequently directing arbitrary, discriminatory and unfair labour the Respondent Authorities to consider the claim of the Petitioner for Recognition and Transfer Protection of the Office bearers of the Petitioner's Association. I.A. NO: 2 OF 2017(WPMP. NO: 18033 OF 2017^ Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue an interim direction directing the Respondent Nos. 1 & 2 to consider the claim of the Petitioner for Transfer Protection of the Office bearers of the Petitioner's Association, in terms of the letters dated: 20-07-2016 & 28-02-2017 forthwith pending disposal of the Writ Petition. I.A. NO: 1 OF 2017rWVMP. NO: 2100 OF 2017) Between: A.P Transmission Corporation Ltd., Rep. by its Chairman & Managing Director, Vidyut Soudha, Khairtabad at Hyderabad. ...PETITIONER/2"'' RESPONDNENT AND 1. Navyandhra Pradesh Electricity Employees Welfare Association (Regd. No.113/2015), Door No.2-33-71/1 - Lenin Road, Tenali, Guntur District, State of Andhra Pradesh. Rep. by its General Secretary, Shaik Nurul Ameen S/o. Abdul Aziz, Aged 35 years. Working as Junior Assistant, O/o. E.R.O - APSPDCL, Tenali, Guntur District. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Energy, Infrastructure & Investment Department, Rep. by its Principal Secretary, Velagapudi at Amaravathi, Guntur District. 3. The Chairman & Managing Director, Southern Power Distribution Company of A.P Ltd., Corporate Office, Tirupathi, Chittor District, State of A.P. ...RESPONDENTS/ RESPONDENTS (RR2 to 3 are not necessary parties to this petition) 7 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order granted in WPMP.No. 18033/2017 in WP.No. 14563/2017 dt. 21.04.2017 and dismiss the writ petition. Counsel for the Petitioner: SRI K ANANDA RAO Counsel for the Respondent No.1: GP FOR ENERGY Counsel for the Respondent No.2: SRI V V SATISH (SC FOR APTRANSCO) Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) The Court made the following: COMMON ORDER ■/ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 20542/2016 APHC010572912016 [3504] Between: Gen. Secy, Ap Electricity Bahujana Emp Welf Assn, Prakasam ...PETITIONER AND State Of Ap Energy Infra Investment Dept Hyderabad 3 and Others Counsel for the Petitioner: 1.KKOUTILYA Counsel for the Respondent(S): . 1. ANUP KOUSHIK KARAVADI(SC FOR APTRANSCO) ...RESPONDENT(S) 2.. 3.Y NAGl REDDY (APTRANSCO) WRIT PETITION NO: 14563/2017 Between: ...PETITIONER Shaik Nurul Ameen AND State Of Ap Prl Scy Energy Guntur Dist 2 ancipjthers ...RESPONDENT(S) 2 Counsel for the Petitioner: 1 .K.Koutilya Counsel for the Respondent(S): 1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. VV SATISH (SC for APEPDCL) 3.GP FOR ENERGY (AP) The Court made the following Common Order; Fleard Sri K.Koutilya, learned counsel for the petitioner, Sri V.V.Satish, learned Standing Counsel for APSPDCL and Sri Kota Venkata Rama Rao, learned Standing Counsel for APSPDCL appearing for the respondents Both Writ Petitions are instituted by the different Employees 2. Unions/Associations, which formed with a main object to maintain unity and integrity in its respective employees. As the common thread bear among the present cases are all similar and identical cause of actions (questioning the transfer policy framed by the respondent only), as such, this Court is constrained to pass common order by clubbing both the cases. 3 The foundational thrust in both the Writ Petitions, questioning the action of the respondent Corporations in not extending the protection of transfers/privileges to the petitioners’ office bearers, which were extended to the registered Employees Unions/ Associations only, is against Article 14 of the Constitution of India. Therefore, the Writ Petitions were instituted before this Court, challenging the transfer policy Guidelines set out by the respondent Corporations’ authorities. At the time of considering the matters, it is submitted by Sri K.Koutilya, learned counsel for the petitioner and Sri Kota Venkata Rama Rao, learned Standing Counsel for A.P GENCO, jointly sated that instant case is covered by the Orders dated 28.03.2025, passed 4. by this Court in W.P No.21717 of 2016 & batch. This Court, in similar circumstances, in respect of transfer policy, after going through all the relevant aspects and G.Os, disposed of the Writ Petitions following the comprehensive Judgment passed by this Court in W.A.No.192 of 2019 dated 29.10.2019 and the Apex Court \ settled legal principles. 5. In view of the submission made by the respective counsels that the matter is covered, for the reasons mentioned in the said 4 decision and in terms thereof, the Writ Petitions with the following directions:- are disposed of, i. The writ petitioners prefer fresh written are granted liberty to representations with all particulars by duly enclosing the relevant documentary proofs to the competent authorities of the respondent within a period of four (4) weeks, from date of receipt of copy of this order. corporations. the ii. On such representations being made a period of six (6) weeks thereafter, competent authority of the respondents shall dispose of the same by passing the speaking orders, in accordance with the law. The respondent authorities shall copy of such orders to the petitioners. There shall be no order applications shall stand closed. within the communicate 6. as to costs. As a sequel, all pending SD/- U. SRIDFVi ASS||JANT^G,STRfR //TRUE COPY// SECTION OFFICER To, Principal Secretary, Energy, Infrastructure & Investment Department, Velagapudi at Amaravathi, Guntur District. 7.1?® Chairman & Managing Director, A.P Transmission Corporation Ltd Vijayawada. ^ 3. The Chairman & Managing Director, Southern Power Distribution ofA^P^*^^ Office, Tirupathi, Chittor District, State 4. The Chairman & Managing Director, Eastern Power Distribution Company of A.P.Ltd. Corporate Office, Visakhapatnam. 5. One CC to Sri K Koutilya, Advocate [OPUC] 6. One CC to Sri K Ananda Rao Advocate [OPUC] rr 7. Two CCs to GP for Energy, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri Anup Koushik Karavadi (SC for APTRANSCO) Advocate [OPUC] 9. One CC to Sri V V Satish (SC for APEPDCL) Advocate [OPUC] 10. One CC to Sri Venkata Rama Rao Kota (SC for APSPDCL) Advocate [OPUC] 11. Three CD Copies TF ( HIGH COURT DATED:17/04/2025 S 15MAY2«5 9. oa, ^ . Current becuon . ^ COMMON ORDER WP.Nos.20542 of 2016 & 14563 of 2017 DISPOSING OF THE W.P.s, WITHOUT COSTS