A.P.S.E.B. and Others vs M. Hemachandra Rao and Others

L.N. Reddy, J.—This writ appeal is filed by the respondents in W.P. No. 11133 of 1996. The sole writ petitioner is no more and his legal representatives are brought on record.

For the sake of convenience, the parties are referred to as arrayed in the writ petition.

The petitioner joined the service of the erstwhile A.P. State Electricity Board as L.D.C. on 18.07.1969 and he was posted at Lower Sileru Hydro Electric Project (for short ''LSHEP''). Eight years thereafter, he was transferred to Vijayawada Thermal Power Station, Ibrahimpatnam (for short ''VTPS''), through memo, dated 17.05.1977. Thereafter, he was transferred to Operation Circle, Kadapa, but was brought back to the Operation Circle, Vijayawada in the year 1981. That was followed by transfer to Operation Circle, Guntur, where he worked till 1994. Then, he was posted at VTPS through order, dated 04.04.1994, which he was transferred to VTPS and the third is 04.04.1994, the date on which he was brought back to VTPS once again, after having been assigned duty in operation Circles.

LSHEP and VTPS are the power generation stations established by APSEB and they are part of the same organisation. The initial appointment of the petitioner was on 18.07.1969 and he was posted at LSHEP. On 17.05.1977, he was transferred to VTPS. The order reads.

ANDHRA PRADESH STATE ELECTRICITY BOARD

Office of the Superintending Engineer, Dam Construction Circle, Donkarayi.

Memo. No. SE/LS/DCCCP/F. 3/2903/77/Dated 17-05-1977

Sub.- L.S.H.E. Scheme-diversion of Sub-Divisions to VTPS-Ibrahimpatnam transfers-orders.

Ref. memo. No. MPS/DM1/B1/715/77, dated 18-04-1977

In the memo. Cited 3 sub divisions were diverted to V.T.P.S. out of posts sanctioned in B.P.Ms. No. 411/dt. 22-05-76 to L.S. Project. Against the posts diverted, the following personnel are transferred from Lower Sileru Project to Vijayawada Thermal Power Station, Ibrahimpatnam

Item (3) above is transferred along with the post from Saddle Dam Division. Donkarayi Civil Services Circle (out of the posts sanctioned in B.P.Ms. No. 411/22-5-76) against the posts diverted in memo. No. MPS/DM1/B1/345/77-1, dt. 7-3-77.

They are informed that this transfer is according to Reg. 10(iii) of APSE Board service regulations, part OIII and it would be left to the board and the undersigned to transfer them back whenever found necessary and no choice is left to them.

They should join duty at new station availing minimum joining time after relief.

Sd/- A. Satyanarayana, 17/5/77 Superintending Engineer, Dam Construction Circle, Donkarayi.

Sri M. Hemachandra Rao, L.D.C., Thro DE/Plant Erection Divn. I.

From a perusal of this, it becomes clear that the posting or transfer of the petitioner to VTPS was not on his request at all. On the other hand, it was part of the exercise undertaken consequent on shifting of part of establishment of LSHEP to VTPS. It is fairly established that an employee would carry with him, the seniority in a particular post notwithstanding the transfer to various units. The only exception would be that if he is transferred from one unit to another, on his request. In such cases, he shall have to forego the seniority, which he has put in the previous unit. He would figure as the junior most in the unit to which he is transferred, on request. Such an event did not take place, when the petitioner was transferred from LSHEP to VTPS.

After the petitioner was transferred to VTPS, which is a power generating station, and a unit of appointment, he was transferred to other regular establishments i.e., Operation Circles. Initially, he was transferred to Kadapa, then to Vijayawada and thereafter to Guntur. This continued for about 13 years and ultimately he was brought back to VTPS on 04.04.1994. According to the respondents, the seniority of the petitioner in the VTPS must be reckoned only from 04.04.1994 and not any date earlier thereto. In effect, they wanted to treat his service between 30.06.1981 to 04.04.1994, as not the one in VTPS.

It is no doubt true that the operation circle is different and distinct from the power generating station i.e., VTPS. All the same, they are under the same administration and management. It is only on administrative exigencies, that the petitioner has been posted to various places. At no point of time, the petitioner made any request that he be shifted from one unit of appointment to another. If the respondents have shifted the petitioner to various units depending upon their convenience or administrative exigencies, he cannot be made to lose the benefit of his seniority in the VTPS. Learned Single Judge decided the matter on the correct lines and on the basis of the relevant facts. We do not find any basis to interfere with the same.

Therefore, the appeal is dismissed.

The miscellaneous petition filed in this writ appeal shall also stand disposed of. There shall be no order as to costs.