IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) im. THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE O A ^i»* PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NOS: 19730 OF 2016.20540 OF 2016. 20441 OF 2017. 20863 OF 2016 20991 OF 2016, 17606 OF 2017 AND 19227 of 2017 WRIT PETITION NO: 19730 OF 2016 Between: AP Electricity Employees Muslim Minority Association, Regd. No. 151/2010, Rep. by its General Secretary, Sri A K Subhani S/o Sri Sk. Ganno Sahib, age 45 years, Occ: Junior Accounts Officer, O/o D.E.E., Guntur, Guntur District. ...Petitioner AND 1. The Transmission Corporation of AP Ltd., Rep. by its Chairman and Managing Director, Vidyut soudha, Khairatabad, Hyderabad. 2. The Chairman & Managing Director, Southern Power Distribution Co. of A P Ltd., Tirupati, Chittoor District. 3. The Chairman & Managing Director, Eastern Power Distribution Co. of A P Ltd., Corporate Office, Visakhapatnam. 4. The Chairman & Managing Director, A.P GENCO, Vidyut Soudha, Khairatabad, Hyderabad-82. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to call for the records from the respondents, and issue a writ. w 2- order or direction, particularly one in the nature of Writ of Mandamus deelaring that the proceedings No. Addl.Secy.DS(L.I.IR and R)/AS(L.IR and R)F^IR)/4P0/184/ 2014, dated 15-06-2016 and Proceedings No. CMG/CGM(HRD)/JS(HRD)/DGM-1/P0-II/A.I/D.No.497(47)/16, dated 16-06- 2016 issued by the 2nd respondent without giving any noticed or opportunity and in not extending the protection of transfer and other privileges to the Office Bearers of the Petitioner Association is contrary to law, arbitrary, discriminatory, amounts to unfair labour practice, in violation of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and grant all consequential benefits. LA. NO: 1 OF 2016fWPMP. NO: 24243 OF 2016^ 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 direct the respondents to extend the protection of transfer to the office bearers of the petitioner association by extending all the privileges par with Trade Unions and Associations by suspending the Proceedings No. Addl. Secy. DS (LI. IR&R)/AS(L.IR&R)P0(IR)/JP0/184/2014, dated 15-06- 2016 on and Proceedings No. CMG/CGM(HRD)/JS(HRD)/DGM-l/P0- ll/A.I/D.No.497(47)/16, dated 16-06-2016 issued by the 1st and 2nd respondents herein pending disposal of the writ petition. I.A. NO: 1 OF 2017rWVMP. NO: 2098 OF 20171 The Transmission Corporation of AP Ltd., Rep. by its Chairman and Managing Director, Vidyut soudha, Khairatabad, Hyderabad. ...Petitioner/1®* Respondent AND 1. AP Electricity Employees Muslim Minority Association, Regd. No. 151/2010, Rep. by its General Secretary, Sri A K Subhani S/o Sri Sk. Ganno Sahib, age 45 years, Occ; Junior Accounts Officer, O/o D.E.E., Guntur, Guntur District. F 3 ...Respondent/Writ Petitioner 2. The Chairman & Managing Director, Southern Power Distribution Co. of A P Ltd., Tirupati, Chittoor District. 3. The Chairman & Managing Director, Eastern Power Distribution Co. of A P Ltd., Corporate Office, Visakhapatnam. 4. The Chairman & Managing Director, A.P GENCO, Vidyut Soudha, Khairatabad, Hyderabad-82. (R2 to 4 are not necessary parties in this petition) ...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 24243 of 2016 in WP No.19730 of 2016, dated 21-06-2016. I.A. NO: 2 OF 2017(WVMP. NO: 4985 OF 2017) The Chairman & Managing Director, Eastern Power Distribution Co. of A P Ltd., Corporate Office, Visakhapatnam 530013. ...Petitioner/ Respondent No.3 AND 1. AP Electricity Employees Muslim Minority Association, Regd. No. 151/2010, Rep. by its General Secretary, Sri A K Subhani S/o Sri Sk. Ganno Sahib, age 45 years, Occ: Junior Accounts Officer, O/o D.E.E., Guntur, Guntur District. ...Respondent/Writ Petitioner 2. The Transmission Corporation of AP Ltd., Rep. by its Chairman and Managing Director, Vidyut soudha, Khairatabad, Hyderabad. 3. The Chairman & Managing Director, Southern Power Distribution Co. of A P Ltd., Tirupati, Chittoor District. 4. The Chairman & Managing Director, A.P GENCO, Vidyut Soudha, Khairatabad, Hyderabad-82. ...Respondents/Respondent No. 1,2 and 4 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 dated 21.06.2016 in WPMP No. 24243 of 2016 in WP No. 19730 of 2016. Counsel for the Petitioner: SRI. A K JAYAPRAKASH RAO Counsel for the Respondents: SRI V V SATISH (SC for APEPDCL) Counsel for the Respondents: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) WRIT PETITION NO: 20540 OF 2016 Between: The A.P Power Engineers Association (Regd No.279/2009), D.No. 47- 8/1-13G , Sai Gardens street, Rajarammohan Roy School, Gunadala, Vijayawada, Krishna District. Rep. by it's General Secretary of A.P.S.P.D.C.L, A.Raveendra, S/o Raghuramulu Aged about 34 years, Occ: Sub-Engineer, APSPDCL, Y.S.R.Kadapa Circle, Y.S.R. Kadapa District 1. ...Petitioner AND 1. The State of Andhra Pradesh, Department of Energy I & I, A.P. Secretariat, Hyderabad. Rep.by it's PrI. Secretary. The Transmission Corporation of A.P. Ltd., Vidyuth Soudha, Khairatabad, Hyderabad-82. Rep.by its Chairman and Managing Director. 2. The Chairman & Managing Director, A.P.Genco, Vidyut Soudha, Khairatabad, Hyderabad-82 The Chairman & Managing Director, Eastern Power Distribution Co. of A.P. Ltd., Corporate Office, Vishakapatnam-530013. 3. 4. 5 5. The Chairman & Managing Director, Southern Power Distribution Co. of A.P. Ltd., Tirupathi, Chittoor District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents not extending to the Association the benefit of transfer policy i.e. the Transfer Policy framed by the Respondent no.2 in Memo No. Addl. Secy/DS(L, IR&R)/AS(L,IR 86R) PO (IR) / JPO / 185 / 2015, dated 15-06-2016, (as contained in para 19 thereof), as illegal and arbitrary and it is further sequentially prayed that this Hon'ble Court may be pleased to direct the respondents to extend to the Writ Petitioner's Association the said benefit continuously. con I.A. NO: 1 OF 2016fWVMP. NO: 5199 OF 2016) The Transmission Corporation of A.P. Ltd., Vidyuth Soudha, Khairatabad, Hyderabad-82. Rep.by its Chairman and Managing Director. ...Petitioner/2"'* Respondent AND 1. The A.P Power Engineers Association (Regd No.279/2009), D.No. 47- 8/1-13G , Sai Gardens street, Rajarammohan Roy School, Gunadala, Vijayawada, Krishna District. Rep. by it's General Secretary of A.P.S.P.D.C.L, A.Raveendra, S/o Raghuramulu Aged about 34 years, Occ: Sub-Engineer, APSPDCL, Y.S.R.Kadapa Circle, Y.S.R. Kadapa District. ...Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Department of Energy I & I, A.P. Secretariat, Hyderabad. Rep.by it's PrI. Secretary. 6 3. The Chairman & Managing Director, A.P.Genco, Vidyut Soudha, Khairatabad, Hyderabad-82 4. The Chairman & Managing Director, Eastern Power Distribution Co. of A.P. Ltd., Corporate Office, Vishakapatnam-530013. 5. The Chairman & Managing Director, Southern Power Distribution Co. of A.P. Ltd., Tirupathi, Chittoor District. (R2 to 5 are not necessary parties to this petition) ...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 made in WPMP.No. 25188/2016 in WP.No. 20540/2016 dt. 27.6.2016. I.A. NO: 2 OF 2016(WPMP. NO: 25188 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 direct the Respondents to forth with extend the protection from transfer / posting the office bearers of the Writ Petitioner Association by extending all the privileges on par with trade Unions and other Associations, by suspending the proceedings of the Respondent no.2 in Memo No. Addl. Secy/DS(L, IR&R)/AS(L,IR &R) PO (IR) / JPO / 185 / 2015, dated 15-06- 2016. LA. NO: 1 OF 2017fWVMP. NO: 4980 OF 20171 The Chairman & Managing Director, Eastern Power Distribution Co. of A.P. Ltd., Corporate Office, Vishakapatnam-530013. ...Petitioner/ Respondent No.4 AND 7 1. The A.P Power Engineers Association (Regd No.279/2009), D.No. 47- 8/1-13G , Sai Gardens street, Rajarammohan Roy School, Gunadala, Vijayawada, Krishna District. Rep. by it's General Secretary of A.P.S.P.D.C.L, A.Raveendra, S/o Raghuramulu Aged about 34 years, Occ; Sub-Engineer, APSPDCL, Y.S.R.Kadapa Circle, Y.S.R. Kadapa District. ...Respondent/ Petitioner 2. The State of Andhra Pradesh, Department of Energy I & I, A.P. Secretariat, Hyderabad. Rep.by it's PrI. Secretary. 3. The Transmission Corporation of A.P. Ltd., Vidyuth Soudha, Khairatabad, Hyderabad-82. Rep.by its Chairman and Managing Director. 4. The Chairman & Managing Director, A.P.Genco, Vidyut Soudha, Khairatabad, Hyderabad-82 5. The Chairman & Managing Director, Southern Power Distribution Co. of A.P. Ltd., Tirupathi, Chittoor District. ...Respondents/Respondent No. 1 to 3 and 5 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 dated 27.06.2016 in WPMP No. 25188 of 2016 in WP No. 20540 of 2016. Counsel for the Petitioner: SRI. KAVITI MURALI KRISHNA Counsel for the Respondent No. 1: GP FOR ENERGY Counsel for the Respondent No. 2: N Siva Reddy(SC for APTRANSCO) Counsel for the Respondent No. 4: SRI V V SATISH (SC for APEPDCL) Counsel for the Respondent No. 5: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) WRIT PETITION NO: 20441 OF 2017 Between: Andhra Rastra Power Employees Union Registration No. G-445 represented by its General Secretary Sri K.S.R.Murthy, Sic). KVG Krishna Rao, aged about 57 years Occ; Junior Accounts Officer, Resident of Jaggaiahpet, Krishna District ...Petitioner AND 1. The Transmission Corporation of Andhra pradesh Ltd. Represented by its Chairman & Managing Director Vidyut Soudha, Gunadala, Vijayawada. 2. Andhra Pradesh Southern Power Distribution, Company Limited represented by its Chairman and Managing Director, Kesavayani Gunta, Tirupati. 3. Andhra Pradesh Eastern Power Distribution, Company Limited represented by Chairman and Managing Director Visakhapatnam. 4. Chief General Manager [HRD] AP TRANSCO, Vijayawada ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to call for the records from the respondents and issue an appropriate Writ, Order of directions, particularly one in the nature of Writ of Mandamus, declaring the action of the 1®* respondent in not according protection of transfers to the Office Bearers of the petitioner Union by proceedings dated 19.06.2017 in T.O.O.(Addl. Secy.Per) Ms. No.474 on par with other Unions and Associations as illegal, arbitrary, discriminatory, unfair labour practice and violative of Articles 14 and 21 of Constitution of India and grant consequential benefits. ‘I I.A. NO: 1 OF 2017(WPMP. NO: 25039 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 direct the respondents to extend protection of transfer to the Office Bearers of the petition union on par with other Unions and Associations as per guidelines issued in proceedings No. T.O.O. (Addl. Secy.Per) Ms. No.474, dated 19.06.2017. Counsel for the Petitioner: SRI. A K JAYAPRAKASH RAO Counsel for the Respondent No. 1 and 4: SRI Y NAGI REDDY (APTRANSCO) Counsel for the Respondent No. 2: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) Counsel for the Respondent No. 3: SRI V V SATISH (SC for APEPDCL) WRIT PETITION NO: 20863 OF 2016 Between: The United Electricity Employees Union, (Reg. No.B-1829/89) [affiliated to CITU], Rep. by its General Secretary, #24-24-14, Rajaka Veedhi, Durga Puram, Vijayawada -3, Andhra Pradesh. ...Petitioner AND 1. The AP Transco Rep. by its Chairman & Managing Director, Vidyut Soudha, Somajiguda, Hyderabad. 2. The Southern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Tirupati, Chittoor District. ^0 3. The Eastern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Visakhapatnam. 4. The AP GENCO, Rep. by its Managing Director, Vidyuth Soudha, Somajiguda, Khairatabad, Hyderabad. 5. The State of Andhra Pradesh, Rep. by its Commissioner of Labour, Department of Labour, # 1-1-18/73, T Anjaiah Karmika Sankshema Bhavan, Behind Devi 70MM Theater, RTC X Roads, Hyderabad-20 6. The Joint Commissioner of Labour, Hyderabad (Twin Cities) and Returning Officer, #1-1-18/73, T Anjaiah Karmika Sankshema Bhavan Behind Devi 70MM Theater, RTC X Roads, Hyderabad-20 (Respondent Nos. 5 and 6 impleaded as per Court Order dated 10-04- 2025 vide lA No. 1 of 2022 in WP No. 20863 of 2016) ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus i. declaring the action of the 1st respondent in issuing transfer guidelines vide Memo dt. 15-06-2016 without extending the privilege or protection from being transferred during general transfer counseling etc., to the office bearers of the petitioner trade union on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts. 14 & 19 of the Constitution of India; and ii. consequently, direct the respondents to extend the privilege or protection to the officer bearers of the petitioner trade union from being transferred in general transfer counseling every year; and pass such other order or orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of case and to meet the ends of justice LA. NO: 1 OF 2016(WPMP. NO: 25599 OF 2016) 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 direct the respondents to extend the protection/privilege to the office bearers of petitioner trade union from being transferred in general transfer counseling in pursuance of Memo dt.15-06-2016 on par with the recognized trade unions and caste based associations mentioned in Clause 19 of the Memo dt.15-06-2016. - I.A. NO: 1 OF 2017(WVMP. NO: 5011 OF 2017) 1. The Chairman & Managing Director, Eastern Power Distribution Company of AP Ltd., Corporate Office, Visakhapatnam. ...Petitioner/Respondent No. 3 AND 1. The United Electricity Employees Union, (Reg. No.B-1829/89) [affiliated to CITU], Rep. by its General Secretary, #24-24-14, Rajaka Veedhi, Durga Puram, Vijayawada -3, Andhra Pradesh. ...Respondent/Petitioner 2. The AP TRANSCO Rep. by its Chairman & Managing Director, Vidyut Soudha, Somajiguda, Hyderabad. 3. The Southern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Tirupati, Chittoor District. 4. The AP GENCO, Rep. by its Managing Director, Vidyuth Soudha, Somajiguda, Khairatabad, Hyderabad. ...Respondents/Respondents 1,2 and 4 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 dated 28-06-2017 in W.P.M.P. No. 25599 of 2016 in W.P. No. 20863 of 2016. Counsel for the Petitioner: SRI. PEETA RAMAN Counsel for the Respondent No. 1 : SRI Y NAGI REDDY (APTRANSCO) f Counsel for the Respondent No. 2: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) 12, Counsel for the Respondent No. 3: SRI V V SATISH (SC for APEPDCL) Counsel for the Respondent No.4: SRI NAGARAJU NAGURU SC FOR APGENCO WRIT PETITION NO: 20991 OF 2016 Between: The United Electricity Employees Union, (Reg. No.B-1829/89) [affiliated to CiTU], Rep. by its General Secretary, #24-24-14, Rajaka Veedhi, Durga Puram, Vijayawada -3, Andhra Pradesh. ...Petitioner AND The A.P. TRANSCO, Rep. by its Chairman & Managing Director, Vidyut Soudha, Somajiguda, Hyderabad. 1. The Southern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Tirupati, Chittoor District. 2. The Eastern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Visakhapatnam. ^ 3. The AP GENCO, Rep. by its Managing Director, Vidyuth Soudha Somajiguda, Khai rata bad, Hyderabad. 4. The State of Andhra Pradesh, Rep. by its Commissioner of Labour, Department of Labour, # 1-1-18/73, T Anjaiah Karmika Sankshema Bhavan, Behind Devi 70MM Theater, RTC X Roads, Hyderabad-20 5. 6. The Joint Commissioner of Labour, Hyderabad (Twin Cities) and Returning Officer, #1-1-18/73, T Anjaiah Karmika Sankshema Bhavan Behind Devi 70MM Theater, RTC X Roads, Hyderabad-20 (Respondent Nos. 5 and 6 impleaded as per Court Order dated 10-04- 2025 vide lA No. 1 of 2022 in WP No. 20991 of 2016) ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus i. declaring the action of the respondents in conducting verification, from 1959 till 2016, only for once in the year 1989 and failing to conduct periodical verification as per statutory provisions; and ii. the action of the respondents in not recognizing the petitioner union on par with other 6 trade unions and caste based associations by extending privileges of full time permission, special casual leave of 15 days, attendance certificate, negotiations with management, privilege or protection from being transferred during general transfer counseling etc., on par with other trade unions and caste based service associations; and iii. consequently, direct the respondents to conduct periodical verification herein after, without fail, and also recognize the petitioner union duly extending all the privileges, which have been extended to all other recognized trade unions I.A. NO: 1 OF 2016fWPMP. NO: 25740 OF 2016) 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 direct the respondents to consider petitioner trade union for according the recognition on par with other recognized trade unions and caste based associations by extending the privileges of full time permission, special casual leave of 15 days, attendance certificate, negotiations with % protection from being transfer during general by considering petitioner union's representation management, privilege or transfer counseling etc. dt.03-06-2016, 06-06-2016 and 15-06-2016. I.A. NO: 1 OF 2Q17fWVMP- NO: 5015 OF 2017) Between: The Chairman & Managing Director, Eastern Power Distribution Company of AP Ltd., Corporate Office, Visakhapatnam. ...Petitioner/Respondent No. 3 AND Electricity Employees Union, (Reg. No.B-1829/89) [affiliated General Secretary, #24-24-14, Rajaka Veedhi, 1. The United to CITU], Rep. by its Durga Puram, Vijayawada -3, Andhra Pradesh. Respondent/Petitioner TRANSCO, Rep. by its Chairman & Managing Director, Vidyut Soudha, Somajiguda, Hyderabad. Southern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Tirupati, Chittoor District. 2. TheA.P 3. The GENCO, Rep. by its Managing Director, Vidyuth Soudha, Somajiguda, Khai rata bad, Hyderabad. 4. TheAP ...Respondents/Respondent No. 1,2 and 4 that in the circumstances Petition under Section 151 CPC praying stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 30.06.2017 in WP'MP.No25740 of 2016 in WP.No.20991 of 2016. AS Counsel for the Petitioner{s):SRI. PEETA RAMAN Counsel for the Respondent No. 1 : SRI Y NAGI REDDY (APTRANSCO) Counsel for the Respondent No. 2: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) Counsel for the Respondent No. 3: SRI V V SATISH (SC for APEPDCL) Counsel for the Respondent No.4: SRI NAGARAJU NAGURU SC FOR APGENCO WRIT PETITION NO: 17606 OF 2017 Between: The United Electricity Employees Union, (Reg. No.B-1829/89) [affiliated CITU], Rep. by its General Secretary, 24-24-14, Rajaka Veedhi, Durga Puram, Vijayawada -3, Andhra Pradesh to ...Petitioner AND 1 The A.P. TRANSCO, Rep. by its Chairman & Managing Director, Vidyut Soudha, Somajiguda, Hyderabad. 2. The Southern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Tirupati, Chittoor District. 3. The Eastern Power Distribution Company of AP Ltd., Rep. by its Chairman & Managing Director, Corporate Office, Visakhapatnam. 4. The AP GENCO, Rep. by its Managing Director, Vidyuth Soudha, Somajiguda, Khairatabad, Hyderabad. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may It pleased to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus i. declaring the action of the 1st respondent in issuing transfer guidelines vide T.O.O.(Addl.Secy-Per)Ms. No.450, dt.17-05-2017 without extending the privilege or protection from to the office being transferred during general transfer counseling etc. bearers of the petitioner trade union on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts.14 & 19 of the Constitution of India; and ii. conseguently, direct the respondents to extend the privilege or protection to the officer bearers of the petitioner trade union from being transferred in general transfer counseling every year. I.A. NO: 1 OF 2017fWPMP. NO: 21493 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 direct the respondents to extend the protection/privi lege to the office bearers of petitioner trade union from being transferred in general transfer counseling in pursuance of T.O.O.(Addl.Secy-Per)Ms. No.450, dt.17-05-2017 on par with the recognized trade unions and caste based associations mentioned in Ciause-12 (a) of the Annexure-I to the T.0.0(Addl.Secy-Per)Ms. No.450, dt.17-05-2017. Counsel for the Petitioner: SRI. PEETA RAMAN Counsel for the Respondent No. 1 : SRI Y NAGI REDDY (APTRANSCO) Counsel for the Respondent No. 2: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) Counsel for the Respondent No. 3: SRI V V SATISH (SC for APEPDCL) Counsel for the Respondent No.4: SRI NAGARAJU NAGURU SC FOR APGENCO r WRIT PETITION NO: 19227 OF 2017 Between: The Andhra Pradesh Electricity Engineers’ Association, (Reg. No.104/2015), Rep. by its General Secretary, #19-3-1-B4-V3, Sreepuram, Kalka Cheruvu, Tirupati, Andhra Pradesh - 517 501. ...Petitioner AND 1. The A.P. TRANSCO, Rep. by its Chairman & Managing Director, Vidyut Soudha, Somajiguda, Hyderabad. 2. The Southern Power Distribution Company of AP Ltd., Rep., by its Chairman & Managing Director, Corporate Office, Tirupati, Chittoor District. 3. The Eastern Power Distribution Company of AP Ltd., Rep., by its Chairman & Managing Director, Corporate Office, Visakhapatnam. 4. The AP GENCO, Rep. by its Managing Director, Vidyuth Soudha, Somajiguda, Khairatabad, Hyderabad. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus i. declaring the action of the 1st respondent in issuing transfer guidelines vide T.O.O(Addl.Secy-Per)Ms. No.450, dt. 17-05-2017 without extending the privilege or protection from being transferred during general transfer counseling etc., to the office bearers of the petitioner engineers' association on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts. 14 & 19 of the Constitution of India; and ii. consequently, direct the respondents to extend the privilege or protection to the officer bearers of the petitioner engineers' association from being transferred in general transfer counseling every year. I.A. NO: 1 OF 2017(WPMP. NO: 23413 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 direct the respondents to extend the protection / privilege to the office bearers of petitioner engineers' association from being transferred in general transfer counseling in pursuance of T.O.O.(Addl.Secy-Per ) Ms. No. 450, dt. 17-05-2017 on par with the recognized trade unions and caste based associations mentioned in Clause -12 (a) of the Annexure -I to the T.O.O. (Addl.Secy-Per) Ms. No. 450, dt. 17-05-2017. Counsel for the Petitioner(s):SRI. PEETA RAMAN Counsel for the Respondent No. 1 : SRI Y NAGI REDDY (APTRANSCO) Counsel for the Respondent No. 2: SRI VENKATA RAMA RAO KOTA (SC FOR APSPDCL) Counsel for the Respondent No. 3: SRI V V SATISH (SC for APEPDCL) Counsel for the Respondent No.4: SRI NAGARAJU NAGURU SC FOR APGENCO The Court made the following Common Order; 1 APHC010714872016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19730/2016 Between; ...PETITIONER A.P. Electricity Employees Muslim Minority Assn., Guntur. AND The Transmission Corp Of A P Ltd Hyderabad And 3 ...RESPONDENT(S ) Others Counsel for the Petitioner: 1.A.K.JAYAPRAKASH RAO Counsel for the Respondent(S); 1 .VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. V.V.SATISH (SC for APEPDCL) WRIT PETITION No.20540/2016 Between: ...PETITIONER The A.P.Power Engineers Association, Rep.by its General Secretary, YSR Kadapa District AND ...RESPONDENT{S) State of A.P. Principal Secretary, Energy, Hyderabad and 4 Others 2 Counsel for the Petitioner: I.KAVm MURALI KRISHNA Counsel for the Respondent(S): VENKATA RAMA RAO KOTA SC FOR APSPDCL 1. 2. V.V.SATISH (SC for APEPDCL) 3. GP FOR ENERGY (AP) WRIT PETITION NO: 20441/2017] Between: Andhra Rastra Power Employees Union ...PETITIONER AND ...RESPONDENT(S) Transmission Corporation of A.P.Ltd., Rep.by its Chairman & Managing Director And 3 Others Counsel for the Petitioner: 1.A K JAYAPRAKASH RAO Counsel for the Respondent(S): 1. VV SATISH (SC for APEPDCL) WRIT PETITION NO: 20863/2016 Between: ...PETITIONER General Secretary, United Electricity Employees Union, Krishna Dist AND ...RESPONDENT(S) Chairman & Managing Director A.P.Transco, Hyderabad and 3 3 Others Counsel for the Petitioner: 1.PEETA RAMAN Counsel for the Respondent(S): 1 .V V SATISH (SC for APEPDCL) 2.NAGARAJU NAGURU, ( STANDING COUNSEL FOR APGENCO ) WRIT PETITION NO: 20991/2016 Between: The United Electricity Employees Union, ...PETITIONER AND ...RESPONDENT(S) The A P Transco and Others Counsel for the Petitioner: 1.PEETA RAMAN Counsel for the Respondent(S): 1. VV SATISH (SC for APEPDCL) 2.NAGARAJU NAGURU, ( STANDING COUNSEL FOR APGENCO ) WRIT PETITION NO: 17606/2017 Between: The United Electricity Employees Union, ...PETITIONER AND ...RESPONDENT(S) The A P Transco and Others Counsel for the Petitioner: 1. PEETA RAMAN Counsel for the Respondent(S): 4 1.V.V.SATISH (SC for APEPDCL) 2.NAGARAJU NAGURU, ( STANDING COUNSEL FOR APGENCO) WRIT PETITION NO: 19227/2017 Between: The Andhra Pradesh Electricity Engineers' Association, ...PETITIONER AND The A P Transco Rep By Its Chairman Managing Director and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. PEETA RAMAN Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2.VVSATISH (SC for APEPDCL) 3.NAGARAJU NAGURU( STANDING COUNSEL FOR APGENCO) This Court made the following COMMON ORDER; / 6 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION Nos.19730 of 2016. 20540 of 2016. 20441 of 2017, 20863 of 2016, 20991 of 2016, 17606 of 2017 and 19227 of 2017 COMMON ORDER: All these writ petitions are instituted under Article 226 of Constitution of India, praying the reliefs as under:- 2. W.P.No.19730 of 2016: “to issue a writ order or direction particularly one in the nature of Writ of Mandamus declaring that the proceedings No Add!.Secy. DS(LI.IR&R)/AS(L.IR&R)PO(IR)/JPO/184/2014 dated 15.06.2016 and Proceedings No.CMG/CGM(HRD)/JS(HRD)/DGM-l/PO-ll/A.I/D No.497(47)/16 dated 16.06.2016 issued by the 2nd 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 contrary to law, arbitrary, discriminatory, amounts to unfair labour practice, in violation of principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and grant all consequential benefits and to pass such other order or orders....” 3. W.P.No.20540 of 2016: “to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents not extending to the Association the benefit of transfer policy i e the Transfer Policy framed by the Respondent No. 2 In Memo No.Addl.Secy/DS(L,IR&R)/AS(L,IR &R) PO(IR)/JPO/185/ ’\ 7 2015, dated 15.06.2016 (as contained in para 19 thereof) as illegal and arbitrary and it is further consequentially prayed that this Hon’ble Court may be pleased to direct the respondents to extend to the Writ Petitioner’s Association the said benefit continuously and to pass....” 1 4. W.P.No.20441 of 2017: “to call for the records from the respondents and issue an appropriate Writ, Order of directions, particularly one in the nature of Writ of Mandamus declaring the action of the Respondent in not according protection of transfers to the Office Bearers of the petitioner Union by proceedings dated 19.06.2017 in T.0.0.(Add!. Secy.Per) Ms. No.474 on par with other Unions and Associations as illegal, arbitrary, discriminatory, unfair labour practice and violative of Articles 14 and 21 of Constitution of India and grant consequential benefits ’’ 5. W.P.No.20863 of 2016: “to issue a writ or order, orders or directions more particularly one in the nature of Writ of Mandamus— (i) declaring the action of the respondents in conducting verification, from 1959 till 2016, only for once In the year 1989 and failing to conduct periodical verification as per statutory provisions; and (il) the action of the respondents in not recognizing the petitioner union on par with other 6 trade unions and caste based associations by extending privileges of full time permission, special casual leave of 15 days, attendance certificate, negotiations with management, privilege or protection from being transferred during general transfer counseling etc., on par with other trade unions and caste based service associations; and .y 8 (Hi) consequently, direct the respondents to conduct periodical verification herein after, without fail, and also recognize the petitioner union duly extending all the privileges which have been extended to all other recognized trade unions; and to pass.... 6. 6. W.P.No.20991 of 2016: “to issue a writ or order orders or directions more particularly in the nature of Writ of Mandamus one action of the respondents in conducting from 1959 till 2016, only for once in the year 1989 and (I) declaring the verification failing to conduct periodical verification as per statutory provisions, and (ii) the action of the respondents in not recognizing the petitioner with other 6 trade unions and caste based union on par associations by extending privileges of full time permission, special casual leave of 15 days, attendance certificate, negotiations with management, privilege or protection from being transferred during general transfer counseling etc., on par with other trade unions and caste based service associations; and (Hi) consequently, direct the respondents to conduct periodical verification herein after, without fall, and also recognize the petitioner union duly extending all the privileges, which have been extended to all other recognized trade unions; and to pass....” 7. W.P.No.17606 of 2017: “to issue a writ or order orders or directions more particularly in the nature of Writ of Mandamus- one (i) declaring the action of the 1st respondent in issuing vide T.O.O.(Addl. Secy-Per) Ms.No.450, dt. transfer guidelines 17.05.2017 without extending the privilege or protection from being 9 transferred during general transfer counseling etc to the office bearers of the petitioner trade union on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts. 14 and 19 of the Constitution of India; and (ii) consequently direct the respondents to extend the privilege or protection to the officer bearers of the petitioner trade union from being transferred in general transfer counseling every year; and to pass 8. W.P.No.19227 of 2017: “to issue a writ or order orders or directions more particularly one In the nature of Writ of Mandamus— (i) declaring the action of the 1st respondent in issuing transfer guidelines vide T.O.O.(Addl.Secy-Per)Ms.No.450, 17.05.2017 without extending the privilege or protection from being transferred during general transfer counseling etc., to the office bearers of the petitioner engineers association on par with other trade unions and caste based service associations as illegal, arbitrary, discriminative besides violative of Arts. 14 and 19 of the Constitution of India; and dl (il) consequently, direct the respondents to extend the privilege or protection to the officer bearers of the petitioner engineers association from being transferred in general transfer counseling every year; and to pass ” All these multiple writ petitions are instituted by different Employees Unions/Associations, which formed with a main object to maintain unity and integrity in its respective employees. As the 9. 10 thread bear among the present cases are all similar and identical cause of actions (questioning the transfer policy framed by the respondents only), as such, this court is constrained to pass common order by clubbing all these cases. common 10. The foundational thrust in all these writ petitions, questioning the action of the respondent Corporations in not extending the protection of transfers/privileges to the petitioners’ office bearers, 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. which were extended to filed on behalf of the 11. Apparently, counter-affidavits are respondents Corporation in W.P.Nos.20441 of 2017, 20863 of 2016, 20991 of 2016, 17606 of 2017 and 19227 of 2017. 12. After unbundling of APSEB (A.P. State Electricity Board), the AP GENCO/AP TRANSCO and DISCOMS emanated in the Consequent to the State Government Electricity Sector. G.O.Ms.No.102, dated 10.06.2016, AP TRANSCO issued the No.Addl.Secy/Ds(LIR&R)/ Memo vide guidelines through •' \ 11 AS(LIR&R)/P0(IR)/JP0/185/2015,dated 3rd 15.06.2016 and Respondent/ APEPDCL has issued general transfer policy guidelines for the period 2016-17. In addition to the above referred unions, by virtue of another Memo dated 20.06.2016, the following Unions/ Associations were given protections/privileges from transfers. a. A.P Electricity Employees Union (Regd.No.1104) b. A.P State Electricity Employees Union (Regd.No.327) c.Telugunadu Vidyut Karmika Sangham(Regd.No.B-1245) d.APSEB SC &ST Employees Welfare Association (Regd. No.1589) e. Electricity Backward Classes Employees Welfare Association (Regd.No.1681/2006) f.Electricity O.C. (Regd.No. 1088/2008) Employees Welfare Association It is further stated by the respondent Corporation authorities that the above protection was also enlarged to other associations 13. vide Memo No.EPCOR-60001 (01) /3 / 2016-3255-1 COR /C.69727/ D.No.1/28370/16,dated 23.6.2016, which are in addition to above detailed a) to f) employee organizations, are as follows;- g. APSEB Engineers Associations (Regd.No.874/1975) 12 Assistant Engineers Association h.APSEB (Regd.No.B473/1975) i.AP. Power Diploma Engineers Association (Regd.No.B473/1975) j. A.P Electricity Employees Muslim Minority Association (Regd.No. 151/2010) k. Y.S.R. Vidyut Employees Union (Regd.No.H-128) 14. It is also stated that the above transfer protection is applicable to the respective state presidents, secretaries, regional presidents/ secretaries and also to the Discom Presidents and Secretaries. Transfer protection will be for the station and not for the post. 15. Apart from that, in terms of interim directions issued by this Court, some other unions/associations were also included in the transfer protected list in Para 6(IV) of General Transfer Guidelines as follows:- a.A.P Electricity Bahujana Employees Welfare Association(Regd. No 79/2011). b. United Electricity Employees Union(Regd. No B- 1829/89) c. The A.P Power Engineers Association (Regd.No.279/09). 16. None represented for the petitioners in all the writ petitions. 13 •V Heard Sri Anup Koushik Karavadi, learned Standing Counsel 17. for AP Transco and Ms. Aiswarya Chowdary, learned counsel 1 representing Sri V.V.Satish, learned Standing Counsel for AP Transco and G.P. for Energy. 18. The learned counsels for the respondent Corporations brought to the notice of this court, with regard to the letter No.ENE01/5060P A3/2019-20, dated 29.08.2019, which was issued by the Government of A.P in relation to the recognition of unions/associations. The relevant portions of the same are extracted, here under for ready reference:- (i). Recognition: (a). The Trade Unions recognized under I.D Act,1947 by Labour Department as on the date of formation of new State of AP may alone shall be recognized, till secret ballot elections are conducted by Labour Department. (b). The associations who signed the tripartite agreement in the erstwhile State of AP alone shall he recognized, till secret ballot elections are conducted by respective utilities. (c). No caste, religion, regional Associations/Unions will not be recognized. (ii) Privileges and Transfer Protection: (a). Only recognized Trade Unions shall be eligible. 14 (b). Only recognized Association shall be eligible (c). Privileges/Transfer Protection shall be limited to only one member from each recognized Union/Association across state/zone/circle/division etc. and may be either president /secretary/any other nominee of the recognized union/association.” 19. Further, the learned counsel for the respondent Corporations also submitted that the very same transfer policy in respect of the privileges and transfer protection, issue came up before the Hon’ble Division Bench of this court in W.A. No. 192 of 2019. 20. In this scenario, it is appropriate to note the Hon’ble Division Bench orders dated 29.10.2019 in W.A. No. 192 of 2019 of this Court which attained finality. This court has gone through the same and the relevant paras in the above orders read as under;- “10.Since, it is the stand of the respondents that, adhering to the Instructions of the State Government issued vide G.O.Ms.No.45, dated 24.06.2019, and Circular Memorandum, dated 16.09.2014, and 27.09.2014 the benefit is being extended only to the recognized unions and associations, this Court absolutely does not find any discrimination in the said action. Admittedly, the issue pertains to transfers. 11.Having regard to the above reasons, this Court is neither persuaded nor inclined to interfere with the policy matter of the State Government which is sought to be assailed in all these Writ Petitions. However, it is open for the petitioners 15 herein to approach the concerned authorities by way of fresh written representations and for consideration of the same by the respondents strictly in accordance with law.” Consideration of the court: Reverting to the instant batch of cases, the entire case of the writ Petitioners/Associations seeking for protections/privileges relating to the transfers and other incentives bestowed by the respondent Corporations authorities, under the cover to safe guard, the interests, welfare of the employees those are associated with their respective organisations. The petitioners also projected that the non-extension of protection/privileges on par with the recognized unions/associations leads to violation of Article 14 of the Constitution of India. 21. IS 22. Whereas, arguments advanced by the learned counsel for the respondent Corporations is that the transfer is an incidence of service of employee. In fact, the transfer policy aims to shift/adjust the employees in the suitable positions, by taking into consideration of their overall perceptions, etc. The policy of the transfer under the administrative ambit of the employer, why because, the employer alone is well acquainted with the work activities and abilities of their employees than anybody else. Thus, decision- comes 16 making in respect of transfers of their employees squarely falls to the arena of the employer only. It is very true that transfers and postings are a normal incidence of service for every employee. The transfer of employees is part and parcel and fundamental routine administrative work. In fact, transfer is primarily aimed at ensuring the smooth functioning of 23. institutions, also streamlining governance and also the administration of corporations to reach their tasks. It is well settled legal principle, as clarified by a catena of judicial precedents by the Apex Court, that the authority to transfer employees falls within the exclusive domain of the employer so as to allow operational efficiency in the administrative path. Unless and until, it is shown from the record that the order of transfer is a direct outcome of malafide or extraneous considerations or contrary to the 24. statutory provisions or employment guidelines, the Court should not interfere in such orders of transfer as held in N.K. Singh Vs. Union of lndia^]State of M.P. Vs. S.S. Kourav^: and recently in Pubi Lombi Vs. State of Arunachal Pradesh and others^. '(1994) 6 see 98 ^(1995) 3 see 270 ^2024 see online Se, 279 17 25. In fact, employee unions also play a vital role I the interest of workers Recognizing this crucial function formally recognized the legal status and certain pri represent employees. But, not extend the absolute Immunity from transfers of its office bearers, as such an exemption would interfere with the employer's right to manage its employees efficiently. safeguarding in and ensuring their concerns are addressed, the Trade Unions Act legitimacy of trade unions 1926, had granting them privileges in order to collectively bargain and at the same time, this recognition does 26. Another facet is that, due to the technology is paving the union closure. Thus, Unions/Associations to advent of information way to the interactions/meetings with the employees are representatives with its member coming to a mere distance of place protect the best interests of the IS not at all a hurdle to the employees. 27. Now, the challenge for courts and adjudicating forums between the lies in striking a harmonious balance to administer the employer’s prerogative employees’ legitimate espousing the voice of employees. In this transfers and the expectations of fairness in context. none of the parties consistently held that can be rendered remediless, genuine grievances Infact Courts have regarding 18 transfer orders should be addressed through appropriate administrative circles rather than the intervention under Article 226 of the Constitution of India. The Apex Court in Shilpi Bose Vs. State of Bihar* held that;- “If the transfer order has been passed in violation of Government policy decision and Guide lines the High Court should not interfere with such an order and persons aggrieved can make representation before the authority concerned.” The learned Single Judge of the Allahabad High Court in Vijay Kumar Saxena Vs. Dy. Director of Education^, while dealing with the transfer issue relating to the office bearer of the employees’ Association, had not interfered and also relegated him to approach 28. the concerned authority for redressal. This Court, in similar circumstances in W.P.No.21717 of 2016 and batch, in respect of transfer policy, after going through all the relevant aspects and G.Os, disposed of the writ petitions. 29. Though this court is conscious of the fact that the challenge is made in respect of transfers, relates to the old period, but as the issue involved is in perennial in nature. Added to that, from a plain reading of the counter, it appears that the respondent Corporations 30. ‘’1991 Supp (2) see 659 ^1993 see Online All 204 19 authorities, had shown also keeping inclusivity rather than the axclusivity, and 'n view the well settled legal principles referred to in W.A. No. 192 of 2019 supra and the verdict dated 29.10.2019 i the Hon’ble Division Bench of this Court is inclined the following manner; to dispose of the batch of writ petitions iin i. The writ petitioners representations with all documentary proofs are granted liberty to prefer fresh written relevant of the weeks, from particulars by duly enclosing the to the competent authorities within a period of four (4) copy of this order. respondent corporations, wi the date of receipt of ii- On such representations being made weeks thereafter, the within a period of six (6) respondents shall speaking orders, in respondent authorities shall orders to the petitioners. competent authority of the dispose of the same by passing the accordance with the law. The communicate copy of such 31. With the above directions There shall be all the writ petitions are disposed of. no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Sd/- SHAIK IWOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// To, SECTION OFFICER 1. The PrI. Secretary, State , . P „ of Andhra Pradesh, Department ’ ' ■ Velagapudi, Amaravathi. of Energy I & 2. The Chairman and Managing Director, Ltd. Vidyut soudha, Vijayawada. Transmission Corporation of AP 3. The Chairman & Managing Director, Southern Power Distribution Co, of A P Ltd., Tirupati, Chittoor District. 4. The Chairman & Managing Director, Eastern Power Distribution Co. of A P Ltd., Corporate Office, Visakhapatnam. Director, A.P GENCO, Vidyut Soudha, 5. The Chairman & Managing Vijayawada. 6. The Chief 7. OneCCto Sri. Kaviti Murali Krishna Advocate [OPUC] A K Jayaprakash Rao Advocate [OPUC] General Manager [HRD] AP TRANSCO Vijayawada. 8. OneCCto Sri. 9. One CC to Sri. Peeta Raman Advocate [OPUC] One CC to Sri. V V Satish (SC for APEPDCL) [OPUC] CC to Sri. Venkata Rama Rao Kota (SC for 10. One APSPDCL) [OPUC] One CC to M/s. Jagarlamudi Koteswari Devi Advocate [OPUC] N Siva Reddy(SC For APTRANSCO) [OPUC] Nagaraju Naguru (SC for APGENCO) [OPUC] One CC to Sri. M Ravindra (SC for APEPDCL)[OPUC] Energy, High Court Of Andhra Pradesh. 11. 12. One CC to Sri. 13. One CC to Sri. 14. 15. Two CCS to GPfor 16. [OUT] Three CD Copies 17. GSC 1 HIGH COURT DATED:10/04/2025 COMMON ORDER WP.No.19730 OF 2016, 20540 OF 2016, 20441 OF 2017, 20863 OF 2016 20991 OF 2016,17606 OF 2017 AND 19227 of 2017 f 21 lU*’ 7^' ^ Curreni section ^ o o»/ DISPOSING THE WPS WITHOUT COSTS