engg.service m. narayana swamy, 1069664, 281 to tsnpdcl.pdf · 2020. 3. 15. · southern power...

SOUTHERN POWER DISTRIBUTION COMPANY OF AP. LIMITED

CORPORATE OFFICE::TIRUPATI

ABSTRACT

Estt—APSPDCL—Engg.Service - Sri/Smt.M. Narayana Swamy, EMP.ID.No. 1069664, ADE/EL.,Final Allotment to TSNPDCL as per the Supplementary Report

dt.11-03-2020 to the Final Report of One Man Committee headed by Hon’ble Justice D.M.Dharmadhikari, Former Supreme Court Judge appointed by Hon’ble Supreme Court of India and further orders thereon—Relief Orders- Issued.

-------------------------------------------------------------------------------------- S.O.O(CGM-HRD)MS.No.281 Dt.14-03-2020

Read the following:

1) A.P. Reorganization Act.

2) G.O.Ms.No.24 of Energy (CC) Department, dt.29-05-2014.

3) C. O. O. Ms. No. 318, dt.31-05-2014.

4) C. O. O. Ms. No. 319, dt.01-06-2014. 5) G. O. Ms. Nos: 32, Energy, I&I (OP.A2) Department,dt.30.11.2017.

6) W.P. No: 16330 of 2015 and batch cases – Common Judgement dated 02.02.2018 passed by Hon’ble HighCourt. 7) Orders dated 28.11.2018 in SLP (CA) Nos: 11435 of 2018 and batch

cases passed by Hon’ble Supreme Court appointing One Man Committee headed by Hon’ble Justice Dharmadhikari, former Judge of Supreme Court

ofIndia. 8) Final Report along with the final allocation lists of the One Man Committee dated 26.12.2019.

9) Hon’ble Supreme Court order dt. 24.1.2020 in MA No.60-62 of 2020 in CANo.11435/2018

10) Supplementary Report dt.11.3.2020 to Final report of One Man Committee of Justice Dharmadhikari, dt.26.12.2019.

11) Clarification to supplementary Report dt.11.03.2020 of One Man Committee of JusticeDharmadhikari,dt.13.03.2020

*****

ORDER:- As per the provisions of AP Reorganisation Act, 2014, bifurcation of

employees has to be carried out. In this regard though modalities for division of

employees between two organizations was proposed by APTRANSCO, TSTRANSCO

did not agree and have unilaterally relieved 1157 employees from all TS Power

utilities stating those are natives of AP State, on 10-06-2015

2) Aggrieved by the act of TS Power Utilities, several cases were filed by

some employees and also A.P Power Utilities before Honourable High Court of AP.

3) During further course of time, the A.P High Court vide judgment

dt.02.02.2018 has set aside the orders dt.10-06-2015 issued byT.S.PowerUtilities

and directed Power Utilities of both the States to form a joint committee to

formulate modalities for division of employees.

4) Aggrieved by the judgment of Honourable High Court, TS Power Utilities

and TS Power Unions/Associations filed SLP in Honourable Supreme Court and

Supreme Court in the reference 8th read above issued orders constituting One Man

Committee with Hon’ble Mr. Justice D.M.Dharmadhikari, Retd., Supreme Court

Judge to decide the division of Power Utility employees of both theStates.

5) The said One Man Committee conducted series of meetings with all

stakeholders including the Managements of T.S Power Utilities and A.P Power

Utilities and also with the employees Associations of both the States from 20-01-

2019 to 15-12-2019 and submitted its final report on26-12-2019.

6) Aggrieved by the report of the One Man Committee, AP Power Utilities

filed Miscellaneous Appeal No. 60-62/2020 (and other connected matters) before

the Honourable Supreme Court of India. The Honourable Supreme Court of India

by an order dt.24.01.2020 directed the said One Man committee to consider the

representations of A.P.Power utilities and to correct the mistakes if any in report

dt.26.12.2019.

7) As per the directions of the Hon’ble Supreme Court of India, the One

Man Committee headed by Hon’bleJustice D M Dharmadhikari former Judge,

Supreme Court of India, has submitted supplementary report dt.11-03-2020 to

the final report dt.26-12-2019, wherein, in para 19 it has been ordered asfollows:

“On behalf of Andhra Pradesh, it has been contended that the Committee of Dr.

SheelaBhide, IAS (Retired) was constituted by the Government and allocation of

employees between APEPDCL & TSNPDCL was already made on 22.07.2017 and,

therefore, there is no necessity of reallocation of the employees between these

two Distribution Companies by the present Committee.

The Committee finds that, Dr. SheelaBhide Committee, was set-up in

accordance with Section 53 of the Andhra Pradesh Reorganization Act,2014 for

Appointment of Assets and Liabilities between two above mentioned Companies.

The decision with regard to the employees taken by Bhide Committee was pending

final allocation to be made, with consensus of the Companies in the two States in

accordance with Section 82 of the Act, of 2014. The allocation made in accordance

with Section 53 of the Act, has to be subject to the final allocation undertaken by

this Committee in accordance with Section 82 of theAct.

The present Committee, therefore, finds that allocation of employees between

APEPDCL and TSNPDCL on the Modalities fixed and approved by the Hon’ble

Supreme Court can bemade.”

The Committee has prepared a separate allocation lists, based on final modalities

dt.17-04-2019 containing names of employees Company-wise who are found

suitable for being allocated. Along with the Final Report dated 26.12.2019, a list

of 655 employees out of 1157 unilaterally relieved employees were identified and

allocated to the Andhra Pradesh power utilities out of which 69 have been

allocated to APEPDCL.

8) As further directed in the Supplementary Report dated 11.3.2020, 71

employees have been identified by the committee itself as special cases covered

by Modality No. VIII to XIII to be allocated to Telangana State. Further, the Sub-

committee member of A.P Power Utilities was entrusted with the task of identifying

584 employees from the employees actually working with the A.P. Utilities on

“order to serve basis” from out of the list Annexed to the Supplementary Report

of the Committee to allocate them from A.P Power Utilities to TS PowerUtilities.

9) While identifying the said 584 employees to be allocated to Telangana

Power Utilities, it has been specifically directed that the identification of above

mentioned584employeesshouldbeotherthanthe655employeesallocatedtoA.P.

Power Utilities out of earlier relieved 1157 under the Final Report dated

26.12.2019 who were relieved by T.S in furtherance of the said report

dt.26.12.2019, and were awaiting orders of joining in AP Power Utilities. Thus,

theidentificationofthe584employeeshavetobemadefromtheemployeesactually

working in A.P. on “order to serve basis”. It is again clarified in the clarification

dated 13.03.2020 issued by the One Man Committee to the supplementary report

dated 11.03.2020.

10) The Hon’ble One Man Committee pleased to allocate 69 employees from

TSNPDCL to APEPDCL for the employees allotted from TSNPDCL opted to

APSPDCL. Hence mutual consensus in terms of the observations of Hon’ble One

Man Committee at para 28 and para (iv) of of the direction part of the

supplementary report dated:11.03.2020 which reads as follows:-

Para 28:- Despite all the care taker by this Committee (with the

assistance of the Sub-Committee, comprising one member of each side) if exceptional cases of certain employees are brought to the notice of the

concerned companies in the Two States, the concerned Companies on reciprocal basis, will be at liberty to make necessary additional allocations in mutual consultations and agreement between the Chief Executives of the

concerned Companies within the State or inter-se the Two States.

Direction part Para iv:- The employees allocated to a Company in

each State can be within the State, by the Managements of the concerned Companies, allocated or adjusted inter-se in the Companies falling within

their respective States.

The Distribution Companies falling within each State, with due regard

to individual option of the employee and the needs of the company, allocate and post them inter-se between the Distribution Companies within each State.

11) On mutual understanding of the APEPDCL & APSPDCL is proposed for

allocation of 59 employees from APSPDCL to TSNPDCL in lieu of the 69 employees

allotted to AP the balance 10 nos employees were adjusted in APEPDCL and said

employees were allotted from APEPDCL to TSNPDCL to arrive “financially

neutral”as discussed in para 16, para 27 and directions (IV) as of the

supplementary report dated:11.03.2020.

12) As such, the process of identification of 584 employees to be allocated

to T.S.Power Utilities has been completed by the Sub-Committee member of A.P

Power Utilities in accordance with the Modalities and working modalities laid down

by the committee. A list of the said identified 584 employees has been submitted

to the Hon’ble One Man Committee in compliance of the directions contained in

Para 27 of the Supplementary Report dated11.3.2020.

13) Thus in compliance with the Supplementary report dt.11-03-2020 of the

Honourable One Man Committee, the employee by name Sri. M. Narayana

Swamy (EMP ID No.1069664),ADE/EL. working in APSPDCL on order to serve

basis till date, now stands finally allotted to TSNPDCL.

14) Therefore in compliance of the directions contained in Para 29(I) of the

supplementary report dated 11.3.2020, Sri.M. Narayana Swamy,(EMPID

No.1069664) who now, ADE/EL. stands finally allotted to TSNPDCL, is hereby

relieved from the services of APSPDCL with effect from 14.03.2020 AN and he is

ceased to be the employee of APSPDCL, and he is directed to report to the

Chairman and Managing Director/TSNPDCL/Warangal to get posting orders.

(BY ORDER AND IN THE NAME OF THE SOUTHERN POWER DISTRIBUTION COMPANY OF A.P. LIMITED)

Sd/- H.HARANATHA RAO

CHAIRMAN AND MANAGING DIRECTOR

To

Sri/Smt.M. Narayana Swamy,(1069664) ADE/EL./Transformers-2/Gooty

Through: The Chief General Manager/HRD/APSPDCL/Tirupati.

Copy to: The Chairman & Managing Director/TSNPDCL/Warangal - As per the Supplementary report dt.11-03-2020 of Honourable One Man Committee and further orders thereon, the above incumbent is finally allocated to TSNPDCL. Hence it is requested to issue posting orders to him/her. The Service Book, AARs, Property returns & LPC will be sent separately.

The Chief General Manager/HRD/APSPDCL/Tirupati. All the Superintending Engineers/Operation. The Pay Officer/APSPDCL/ Tirupati. All the Pay Drawing Officers, Tirupati. All Accounts Officers /Expenditure. The Chief Engineer/

(a) With a request to serve the copy of the proceedings to the employee, duly obtaining the dated acknowledgment. (b) Take steps to complete the formalities of relieving the employee in allrespects

on the date mentioned in para (14) above, and forward the report of compliance.

// FORWARDED :: BY ORDER //

PERSONNEL OFFICER



ABSTRACT

Estt—APSPDCL—Engg.Service - Sri/Smt.M. Venkata Rangaiah, EMP.ID.No. 1065210, ADE/EL.,Final Allotment to TSNPDCL as per the Supplementary Report



Read the following:



3) C. O. O. Ms. No. 318, dt.31-05-2014.








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dt.26.12.2019.

























