New Delhi: The Supreme Court on Monday said that the allocation of staff between Telangana and Andhra Pradesh by Justice D.M. Dharmadhikari committee is final and the same can’t be challenged by anyone including employees and officers before any judicial fora.
Holding that the staff allocation by the committee is final, Justice Ashok Bhushan heading a bench also comprising Justice M.R. Shah in a judgement pronounced today said, “…we clarify that the One-Man Committee having completed the process of allocation, the said allocation cannot be challenged by any employee or officer or any utility before any forum.”
Insofar as the allocation made by the One-Man Committee, the court said, “no objection or challenge by any employee or officer is entertainable”,
The court slammed the doors on any attempt to challenge Justice Dharmadhikari one man committee report on distribution of staff between Telangana and Andhra Pradesh post reorganization of AP and carving out of Telangana.
“We make it clear that the One-Man Committee was entrusted only with distribution of personnel between the two States, which distribution has been finalised by the One-Man Committee,” the Supreme Court said.
On the applications raising the plea relating to salaries and allowances, the court said, “They need no consideration in these proceedings and employees of power utilities are free to adjudicate their claims before appropriate forum in accordance with law”
Having held that that the report by Justice Dharmadhikari on staff distribution between two States is final and non-challengeable, the court said, “We have found no merit in the objections to One-Man Committee’s Concluding Report dated 20.06.2020 it is obligatory for power utilities of both the States and all concerned to carry out and implement the directions of the One-Man Committee Report.”
The top court verdict came on petitions by Telangana Power Utilities, certain employees and employees’ associations challenging the June 20, 2020, concluding report by the One-Man Committee.
The SC noted that in the erstwhile state, the power utilities were Andhra Pradesh Generation Corporation, Andhra Pradesh Transmission Corporation and four Power Distribution Companies -- Eastern, Southern, Central and Northern DISCOMS. By three Andhra Pradesh government orders issued on May 29, 2014, for distribution companies, generation companies and transmission Corporation, the assets and liabilities of the corporations and companies were to be apportioned between the two new States. However, the dispute arose after power utilities .of the two newly formed states could not arrive at any consensus with regard to modalities for allocation and distribution of personnel.
