The High Court dismissed a writ petition filed by a retired security inspector of A.P. Genco seeking transfer of his pension to T.S. GENCO and issuance of a health card, holding the prayer legally untenable.
Prayer for declaration of inaction and direction to transfer pension to T.S. GENCO and issue health card dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND TWENTYTHREE
PRESENT
THE HONOURABLE THE CHIEF JUSTICE UJJAL BHUYAN AND
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
WRIT PETITION NO: {4128 OF 2023
Between:
B.Radha Krishna, S/o Gopaiah, Aged 65 years, Pensioner(Retired as Security lnspector, DR.NTTPS, AP Genco), Flat No.8,4th Floor, House No.36-19-10-D/4, Olive Avenue, Road No.9, Vivekananda Nagar, Kukatpally, Hyderabad. 72.
...PETITIONER
AND
...RESP.NDENTS
Petition under Arlicle 226 of the Constitution of lndiapraying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction especially one in the nature of a Writ of Mandamus, declaring the action of the respondents in not considering petitioners representation dated 13.03.2023 transfer his Pension to T.S. GENCO and also for issuance of the Card from TS GENCO and other benefitsfor whichTS Genco vees are entitled to, treating him as an employee of TSGENCO,as she hails from Telangana State and also for a consequential direction tothe
respondents to cors deringpetitioner representationdated'l{i.03.21123to transfer his Pension :o T.S C,ENCO and also for issuanceof Health (larti from TS GENCO and other benefits fcr which TS Genco employeesare entitled o, lreating him as an employee, of T! C,ENCO.
lA NO: 1 OF 2023
Petition I nl er Section 151 CPCpraying thatin the circurrsttlnces stated in the aff idavit filedit srpport of the petition, the High Courtmay b3 pleased to direct the respondenls .o consider Petitioner's representationd atr>d'l 3.03.2023to transfer my Pensir n to T.S. GENCO and also forissuanceof He,alttr CardfromTS GENCO anc othe br-.nefits for which TS Genco employeesare ,rnti.led to, treating me as an employ€ : r>f TS GENCO,pending disposalof the W'it Pet tion.
Counsel for the P :titioner:SRINARASIMHARAOANANTHIJLA Counsel for the F :spondent Nos.2,5TO 7: M/s. V.UMADEVI, SC FORTS GENGO Counsel for the F :spondentNos.1,3,4 & 6: SRI M.VIDYASA'31\R'SC FOR AP GENCO
The Court made I le following: ORDER
TI{EHON'BLE THE CHIEF IUSTICE UIIAI BNLTYAN
AND
THE HON'BLE SRI TU STICE N.TUKARAMII
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ORDER, fer /e Hor'ble rhe Chrl lutrice t!a/ Bha;tat
Heard Dr. Narasimha Rao Ananthula, Iearncd counsel for the petitioner.
of India, petitioner has praycd lor thc following rel-ie[:
For the reasons stated in the accompanying affidavit, the petitioner herein plays that this Court may bc plcased to issue an appropriate writ, ordcr or direction especially onc in the nature of a writ of mandamus declaring the action of thc respondents in not considering the petitioner's reptesentation dated 13.03.2023 to transfer his pension to I. S.(] IINCO and also for issuance o[ health card from'I'.S.(ilrNC() and other bencflts for which T.S.GENCO employees are entided to by treating him as an employee of T.S.GL,NCO as he hails from Telangana State and also for a consequential direcuon to the respondents to consider petitioner's representation dated 13.03.2023 to transfer his pension to T.S.Gb,NCO and also fot issuance of health card from T.S.GENCO and other bcnefits for which'I'.S.GENCO /employeesare entjdedto by treating him as an employeeof T.S.GtrNCO
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3 l ror-n tl e u.rit e[iidar.it, it rs scen t rat p ctiti< nei \v2l s appoir-r tccl llli eilufltV guarcl in tlrc cornbinc-l {ncllrra Prarlcsh I)orvcr(, cnt:r, rt>n Corp,rr:rtion l ,irnitcd (bri.-'f')r' 'A P.( ]FlN(lO' hcrcirrrfrcr). .'t the time of bilurcation ol thc com1r,-,;itc Statc of w2s Anrll-rra l)r'lrcl sh, pelitr,rner allotted to \ P.(]tiNCO. \trjarasarla. Iir letrred lrom scn.tcc on atratrrinJ thr: agc, of suPciannL:rtt:)r 1ls Scculifi' Inspector 10 DlN'l"l'PS, 111 lbnrhimpr rnen /ijayau,,ada thc year 2018.'fhrrt:after, he is bcin11 pzrirl hrs ctirctr-rcnt ducs including pcnsion Ll .P.(lF,N(-( ) It is statcd t 1r alter retlrcrncut, petrtroner be itrp, r rrattvc of 'l'clarrgana St,'rrr 1i now staying in I l1'dcrabad 4. llcc.rusc rI his etnplovtncnt 1n A.l).ClENC( ),,re du,rner rvas grantcd 1 [iellr ,:ar:d b!' thc said corporation b ut ur [r-,rru mtch, hc ts Lrneblc o rn tl the benr:fits of thc hcalth car,,l frorn thc rrrcclical inslitLrtionr in i<: State olt'l'clang:rna. It is rn sur:h ::ilcurnsranccs that l'rc mrLdc : rcpresentat,ion on 13.03.2023 be lorc tl.r.. c('lrrpcrtent auth()nlv .)l' .I'}.GF,N(.( ) t() tr2nsfer his p,cn5i6n case fi'on'r A P(;l. N( l(-r r r'felangana Statc I)owel Ccncratic,r(lorporarion
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Limited (briefly 'T.S.GENCO' hereinafter)Alteging inaction, the
present wtit peution has beenfiled seeking the reliefas indicated above
unteflable in law as wcllas onfacts. 'X/hen thc petitioner was an employee and retired ftomsewiceas such from A-P.GENCO and drawing pension [rom thesaid Corporation,itbe]ies all comPre hension as tohow his case can be trans[erredto T.S.GENCO [or payment o[pension and for availmcnt of other retirement benefits.\We doflot fifld any good reason at all for entertaining the writ Petiuon.
6 Consequently, thewrit pctition is dismissed. No costs' As a sequel, miscellaneousperitions, pcndingif any,stand
closed
SD/.K. AMMAJI ASSISTANT REGISTRAR //TRUE COPY// sEcff oFFtcER
To
PS K.
BS
E d
HIGH COUF T
HC,J &
NTR,J
DATED:0811 612023
ORDER
WP.No.141i 8 of 2023
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DISMISSIN(; THE WRIT PETITION WITHOUT( OSTS.
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1 issue framed by the court
Whether the petitioner can transfer his pension from Andhra Pradesh Genco to Telangana Genco after retirement given his employment was with A.P. Genco.
1 provisions across 1 enactments
B. Radha Krishna
The Chairman and Managing Director, Andhra Pradesh Power Generation Corporation Ltd.
Ujjal Bhuyan
N. Tukaramji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
