Y. SAI SATYA PRASAD & ORS. versus D. PRABHAKARA RAO & ORS.

Y. SAI SATYA PRASAD & ORS. versus D. PRABHAKARA RAO & ORS.

The Supreme Court held that the One Man Committee's Concluding Report dated 20.06.2020, as accepted by the Court on 7.12.2020, was final and binding; the subsequent office orders issued by the Telangana Power Utilities that deviated from the approved final lists constituted willful and deliberate disobedience of the Court's directions, and the Telangana Power Utilities were directed to absorb the affected petitioners and to pay salary and service benefits from the date they were relieved by Andhra Pradesh utilities, with sentencing deferred and the matter listed for further orders.

Parties
Petitioners: Y. Sai Satya Prasad & Ors.; Respondents: D. Prabhakara Rao & Ors.; Intervenor: Andhra Pradesh Power Utilities
Jurisdiction
India
Judgment Date
11 October 2022
Procedural Posture
Contempt Petition (civil) D.no.28852 of 2020 / Hearing on Contempt; Interim Orders Passed and Matter Listed for Further Order on 31.10.2022
Outcome
Telangana State Power Utilities held guilty of contempt for willful disobedience; directed to comply with Concluding Report and absorb petitioners; sentencing deferred and further hearing fixed.
Legal Topics
Enforcement of Court Orders, Implementation of One Man Committee Report, Allocation of Employees Between Successor States, Reciprocity and Financial Neutrality in Allocation, Posting and Joining Orders for Transferred Employees

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Parties

Y. Sai Satya Prasad & Ors.

Petitioners

D. Prabhakara Rao & Ors.

Respondents

Andhra Pradesh Power Utilities

Intervenor

Procedural Posture

Contempt Petition (civil) D.no.28852 of 2020 / Hearing on Contempt; Interim Orders Passed and Matter Listed for Further Order on 31.10.2022

  1. 1 Whether Telangana State Power Utilities willfully and deliberately disobeyed the Supreme Court judgment dated 7.12.2020 and the One Man Committee Concluding Report dated 20.06.2020
  2. 2 Whether the 84 petitioners who figured in the One Man Committee final list are entitled to absorption by Telangana Power Utilities and associated salary and service benefits
  3. 3 Whether the subsequent office orders issued by Telangana Power Utilities contrary to the Concluding Report amount to contempt of court

Ratio Decidendi

The Supreme Court held that the One Man Committee's Concluding Report dated 20.06.2020, as accepted by the Court on 7.12.2020, was final and binding; the subsequent office orders issued by the Telangana Power Utilities that deviated from the approved final lists constituted willful and deliberate disobedience of the Court's directions, and the Telangana Power Utilities were directed to absorb the affected petitioners and to pay salary and service benefits from the date they were relieved by Andhra Pradesh utilities, with sentencing deferred and the matter listed for further orders.

Court Disposition

Telangana State Power Utilities held guilty of contempt for willful disobedience; directed to comply with Concluding Report and absorb petitioners; sentencing deferred and further hearing fixed.

Orders

  • Telangana Power Utilities (TS Genco, TS Transco, TSSPDCL and TSNPDCL) held guilty of contempt for willful and deliberate disobedience of the Supreme Court judgment dated 7.12.2020 and the Concluding Report dated 20.06.2020.
  • Telangana Power Utilities directed to absorb the petitioners named in the One Man Committee final list into respective Telangana Power Utilities/establishments as per the approved list within two weeks.