Dismissed

B. Madhu Mohan Reddy v. The Central Power Distribution Company of A.P. Ltd.

Telangana HC2 Jan 2012WP/34771/2011

Case brief

AI extract

What is this about?

Petitioners, former casual employees of a merged cooperative society, challenged their continued status and lack of regularization in the successor public company. The court noted works were permanent with vacancies available but dismissed immediate regularization, directing respondents to consider representations within two months.

What did the court decide?

The writ petitions were disposed of directing respondents to consider representations for absorption within two months.

B. Madhu Mohan Reddy Vs The Central Power… — Pension and Retirement Benefits | Telangana HC (2012)

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THE HON’BLE SRI JUSTICE G.CHANDRAIAH

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W.P.NOS.34507, 34509, 34520, 34533 AND 34771 OF 2011

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COMMON ORDER

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Heard the counsel for the petitioners and the Standing Counsel for the respondent – Company.

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2. Since the issue involved and the parties are common, they are being disposed of by this common order.

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3. The petitioners in all the writ petitions were appointed as casual employees, in the Sanjay Rural Electric Co-operative Society Limited, Jogipet, Medak District (for short ‘Sanjay RESCO’). The said Society is registered under the Andhra Pradesh Co-operative Societies Act, 1964 and is licenced under the Indian Electricity Act, 1910, to make available energy to the members and the consumers of about 172 villages and 52 hamlets in Medak District. The Registrar of the Cooperatives Societies, by proceedings dated 1.7.2003, wound up the society and appointed a Liquidator. Subsequently, the Sanjay RESCO, Jogipet, was merged into Central Power Distribution Company of A.P. Limited (for short ‘CPDCL’) and the Government issued G.O.Ms.No.125, Energy, (PR.II) Department dated 15.10.2004 for absorption of 88 regular employees working in Sanjay RESCO into CPDCL and A. P. Southern Power Distribution Company Limited and the 34 casual or nonregular employees, were not absorbed. Questioning the winding up of Sanjay RESCO, some of the consumers and casual employees, who were not absorbed in CPDCL under G.O.Ms.No.125, filed writ petitions in W.P.Nos.22290, 21607, 22241 and 21076 of 2003 and 23551 of 2004, and 855, 2393, 10715 and 21523 of 2005. By order dated 14.11.2005, the Division Bench of this court upheld the winding up proceedings, and while considering the grievance of the casual employees of Sanjay RESCO, directed CPDCL, to consider their cases for utilization of their services in the same manner as has been done by Sanjay RESCO, for which purpose, an appropriate decision shall be taken within a period of three months from the date of receipt of a copy of this order. In pursuance thereof, the 1^st respondent – Central Power Distribution Company, A.P. Limited, issued orders in C.O.O.(CGMHRD0 Ms.No.426 dated 31.1.2006, framing certain guidelines and decided to transfer the casual employees of erstwhile Sanjay RESCO to other Divisions of CPDCL and the names of the petitioners are shown in the list enclosed at Annexure-I, under the heading “The Casual Workers Who Possess Graduate

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Qualification”. In the said annexure, the qualifications, total service and experience and the nature of work performed by them, as on the date of merger, are mentioned. In compliance of the orders of the 1^st respondent, the Superintendent Engineer, Operation of CPDCL, Medak, issued memo dated 26.4.2006, directing Divisional Engineers/Operations to utilize their services as Sub-Engineers in various places mentioned therein. The Sanjay RESCO casual employees submitted a representation to the 1^st respondent and requested for their absorption in APCPDCL, as was done in respect of regular employees. Considering the said representation, the 1^st respondent while corresponding with the 3^rd respondent – Transmission Corporation of A.P. Ltd., represented by its Chief General Manager (Hrd. & Trg.), opined that the instructions of the Government are necessary, for considering the request of the casual employees of erstwhile Sanjay RESCO, now continued in APCPDCL and sought advice. Pursuant thereto, the 4^th respondent – the Special Chief Secretary to Government, Energy Department, vide Lr.No.22.6.2009 called for specific recommendations from the 5^th respondent – The Joint Managing Director, (HRD, Comml., IPC & IT), APTRANSCO, Vidyutsoudha, Hyderabad. However, the 1^st respondent by letter dated 9.9.2009, addressed to the 5^th respondent, observed that the most of the Sanjay RESCO casual workers are working for periods ranging from 12 to 20 years and their work cannot be stated to be casual in nature, but however opined that if the Sanjay RESCO Casual workers are regularized against permanent posts, all the casual employees in different cadres may also request APCPDCL to regularize their services, resulting in financial commitment on the APCPDCL and, therefore, advised the 5^th respondent to request the Government to create 70 supernumerary posts in APCPDCL. Upon confirmation by the 2^nd respondent – Chief General Manager (HRD), that there no casual employees in RESCO other than 77 Sanjay RESCO casual employees, respondent no.5 opined to absorb the said casual employees of RESCO against supernumerary posts, without considering them for permanent /regular posts. Subsequently, the Government issued G.O.ms.No.41 dated 22.10.2010, extending the minimum time scale plus D.A. to 28 casual labourers of erstwhile Sanjay RESCO, now continuing in APCPDCL, who are appointed and working prior to 25.11.1993. The 2^nd respondent issued order dated 2.12.2010 directing the Superintending Engineer / Operation / Medak, to take necessary action and in pursuance of the same, DEE, Operations, Jogipet issued memo dated 24.12.2010 of the eligible employees as per the cited G.O., without any other benefits. The petitioners made several representations to the respondent from time to time to

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absorb them into same posts as regular employees, but the same are not being considered. Hence, the present writ petitions.

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4. No counter affidavit is filed.

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5. From the above averments, it could be seen that the petitioners are employed in Sanjay RESCO as casual employees and subsequently, the society was wound up and writ petitions have been filed and in pursuance of the orders of the Division Bench of this court, 1^st respondent – Central Power Distribution Company, framed certain guidelines deciding to transfer the casual employees of the Sanjay RESCO, to various divisions of CPDCL for utilizing their services and however, society was also got merged in CPDCL. The 1^st respondent – Chairman and Managing Director, APCPDCL, vide letter dated 9.9.2009 addressed to the 5^th respondent – Joint Managing Director, APTRANSCO, observed that most of the casual workers of Sanjay RESCO are working since 12 to 20 years and their work cannot be stated to be casual in nature. The said letter for better appreciation is extracted as under:

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“From To Chairman & Managing Diretor, The Joint Managing Director, APCPDCL, Mint Compound, (HRD, Comml, IPC & IT), Hyderabad. APTRANSCO, Vidyutsouda Hyderabad – 82.

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LR.NO:JS(IR)/LO/PO-i/D.NO.104/2009 Dt.09-09-2009

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Sub: APCPDCL – Sanjay RESCO casual employees – Request for Permanent absorption in APCPDCL – Certain information – Furnished.

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Ref: Lr.No.Addl.Secy/ADE(MPP)/A1/714/2004 dt:17.07.2009.

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Adverting to the reference cited it is submitted that 77 nos. casual workers were existing in Sanjay RESCO as on the date of merger in APCPDCL and 88 nos. regular employees of Sanjay RESCO were absorbed in APCPDCL on supernumerary basis. Aggrieved by this, the 77 nos. casual employees filed writ petition before Hon’ble High Court of A.P. for their absorption in APCPDDL.

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2. As per the orders of the Hon’ble High Court of A.P., the APCPDCL vide G.O. Ms.No.426 dt. 31.01.2006, issued orders for continuing the services of 77 nos. casual employees of Sanjay RESCO with a monthly payment which is not less than their last monthly wages drawn in RESCO provided there is sufficient & suitable work is available to be performed by them.

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3. In this connection it is submitted that at present there are 666 Nos. ALM/JLM posts existing in Medak Circle out of which 352 ALM/JLM posts are vacant and sufficient suitable work is available. Most of the Sanjay RESCO casual workers are working for the periods from 12 to 20 years and their work cannot be stated to be casual in nature. Apart from the above, 432 Contract Labour are engaged.

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4. As per the Superintending Engineer/Operation/Medak letter dt. 29.4.2008 the particulars of the Sanjay RESCO Casual Employees existing as on the date is as follows:-

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No. of Casual Employees	Qualifications	Working as	Remarks.
6	Diploma Holders	Sub Engineers
6	(B.A.) Degree Holders	LDC/RC
8-3=5	I.T.I.	ALMs	3 No of casual employees were appointed as CJLMs
55-2=53	Inter, SSC and below	ALMs	2 No. of Casual employees were expired.

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5. In view of the above, it is submitted that there are no sanctioned posts of the erstwhile RESCO area now merged in APCPDCL. If Sanjay RESCO casual workers regularized against permanent posts, all the other casual employees in different cadres may also request the APCPDCL to regularize their services, resulting heavy financial commitment on APCPDCL. Hence, instead of regularizing Sanjay RESCO casual workers, the Govt., may be requested to accord permission for creating (70) supernumerary posts and the same number of posts will be kept vacant till the personnel against supernumerary posts are relieved.

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6. If the 70 Nos. Casual labour of erstwhile Sanjay RESCO are absorbed in APCPDDL an amount of Rs.2,54,925/- per month will be the additional financial commitment (Statement may pleaded to perused at page 266 of.)

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7. Hence, the Government may be requested to create 70 Nos. Supernumerary posts in APCPDCL for the casual workers working in Sanjay RESCO.

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Yours sincerely, Sd/-

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Chairman & Managing Director.”

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6. From a reading of the above letter dated 9.9.2009, it is clear that the 77 casual employees of the erstwhile Sanjay RESCO were working since 12 to 20 years and their work is not casual in nature. Only on the ground that the other casual employees in different cadre may request for regularization, the request of the erstwhile Sanjay RESCO, casual employees was not considered and the 5^th respondent was advised to request for grant of 70 supernumerary posts for continuing the causal employees of Sanjay RESCO in APCPDCL. Accordingly Government issued G.O.Ms.No.41, extending the minimum time scale plus D.A. to 28 casual labourers of erstwhile Sanjay RESCO, now continuing in APCPDCL, who are appointed and working prior to 25.11.1993, without any other benefits instead of regularization of their services.

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7. Having regard to the above facts and circumstances, since the petitioners, who are erstwhile Sanjay RESCO casual employees, are fully qualified and working since 12 to 20 years, as admitted in the above letter date 9.9.2009 and their work is permanent in nature and not casual, and as there are 666 nos. of

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ALM/JLM posts existing in Medak Circle and out of 352 ALM/JLM posts are vacant and sufficient and suitable work is available and the regular employees of Sanjay RESCO were already regularized in APCPDCL by virtue of G.O.Ms.No.125, and the Government issued G.O.Ms.No.41, creating supernumerary posts for accommodating the erstwhile Sanjay RESCO casual employees and granting minimum time scale plus dearness allowance, and the petitioners are working; the writ petitions are disposed of directing the respondents to consider the representation of the petitioners for absorption, in accordance with law, and pass appropriate orders, within a period of two months from the date of receipt of a copy of this order. No costs.

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AVS -------------------------02—01—2012

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Note: Issue C.C. in one week. B/O

B. Madhu Mohan Reddy v. The Central Power Distribution Company of A.P. Ltd.

Case brief

What is this about?

What did the court decide?

B. Madhu Mohan Reddy v. The Central Power Distribution Company of A.P. Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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