Which is the corporate body as per section 82 of the a.p. reorganisation act, 2014.
K.S.Srinivas
(Querist) 01 October 2015
This query is : Resolved
A.P. Reorganisation Act., 2014.
Provision for employees of Public Sector Undertakings, etc.
Section 82. On and from the appointed day, the employees of State Public Sector Undertakings, corporations and other autonomous bodies shall continue to function in such undertaking, corporation or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the two successor States.
1) Appointed day is 2nd June 2014.
2) Before the appointed day, the APTRANSCO is the corporate body consisting of 23 districts of unified Andhra Pradesh.
3) Telangana State TRANSCO was created vide orders issued in G.O.Ms.No.26, dated 29-5-2015 and started functioning from 2-6-2015.
4) The residuary APTRANSCO now consists of 13 districts and the TS TRANSCO consists of 10 districts.
5) The unified APTRANSCO issued orders to some of its employees to work in Telangana State TRANSCO on “Order to serve” basis till the employees bifurcation is completed through option process.
In the light of the above and as per section 82 of the Act,
1. Which is the Corporate Body concerned that would determine the modalities for distributing the personnel between the two successor states?
(a) Is it unified APTRANSCO (consisting of 23 districts, which is not there, and the residuary APTRANSCO consists of 13 districts only)
OR
(b) The residuary APTRANSCO (consisting of now 13 districts)
OR
(c) The TSTRAMSCO (consisting of 10 districts) which is created on 29-5-2015 and functioning w.e.f. 2-6-2015.
OR
(d) Central Government.
Guest
(Expert) 01 October 2015
Dear Srinivas,
Description of your problem is deficient about information on the following vital aspects:
1) Whether the pre-existing APTRANSCO was the Central or the State PSU?
2) Whether the pre-existing APTRANSCO was bifurcated in to two (APTRANSCO and TSTRANSCO) with effect from 29.05.2015 or 02.06.2015 (as the case may be)?
3) Whether the pre-existing APTRANSCO called for the options of its employees for transfer to TSTRAMSCO or retention in the existing corporation?
4) Whether any order exist for the winding up of the existing APTRANSCO with effect from 02.06.2015 (after one year or promulgation of the Act), if any issued by the Central or State Government by an act of Parliament or State Legislation?
K.S.Srinivas
(Querist) 01 October 2015
Dhingra Sir,
1) The preexisting APTRANSCO (Andhra Pradesh Transmission Corporation LImited, the A.P. Power Utility) is the State PSU.
2) The Preexisting APTRANSCO (consisting of all the 23 districts) before bifurcation of the Andhra Pradesh State. After the A.P. Reorganisation Act, 2014, out of 23 districts, 13 districts have gone to Andhra Pradesh State and 10 districts have gone to the newly formed Telangana State Transmission Corporation LImited, which is under the jurisdiction of newly formed Telangana State. This TSTRANSCO was created in the order dt.29-5-2015 and came into existence w.e.f. 2-6-2015, the day on which the State of Telangana is formed.
3) The pre-existing APTRANSCO did not call for options of its employees for transfer to TSTRANSCO. The APTRANSCO issued orders on 29-9-2015 directing some of its employees to work in TSTRANSCO "on order to serve basis" till the options called for the allocation of employees between APTRANSCO (which is under the control of AP Govt.) and TSTRANSCO (which is under the control of Telangana Govt).
The vital point is that as per section 82 of the AP Reorganisation Act, 2014, the corporate body concerned shall determine the modalities for distributing the personnel between the two successor States.
As per section 82, the pre-existing APTRANSCO should have been continued for a period of one year from the creation of Telangana State ie., from 2-6-2015. However, the Telangana TRANSCO was created on 29-5-2015by the Unified State of Andhra Pradesh and it was functioning from 2-6-2014, the day on which Telangana State was came into existence.
4)No order was issued for the winding up of the existing APTRANSCO w.e.f. 2-6-2015 either by the Central or State Government by an act of Parliament or State Legislation.
I will submit required information on any questions for answering the query.
Guest
(Expert) 01 October 2015
Dear Shri Srinivas,
The case is of bifurcation of the existing organisation in to two and not winding up of the existing APTRANSCO. So, aparently, the APTRANSCO being the parent body, having not been wound up, still exists and would look after determination of the modalities for distributing the personnel between the two successor states. Administrative delay in settling the issues can be understood, which can be sorted out by the passage of time. Of course this is not a simple task of one or two days. That is likely to take several months to frame modalities and settle the issues between the two organisations.
Further, being a state body, the Central Government has no role to play in the affairs of the State PSU.
However, it is surprising that the APTRANSCO has not called for options of the employees for the APTRANSCO and the TSTRANSCO, which is the right of the employees. They cannot be sent to the later PSU against their wishes. That is another thing that the optees would be able to get posted in the states of their choice only depending upon the existing of vacacies and left over in subsequent years as and when subsequent vacancies arise in the concerned state of option, if optees are in excess of the number of existing vacancies. Even several court cases cannot be ruled out from time to time, if employees issues are not tackled in its right prospectives.
K.S.Srinivas
(Querist) 02 October 2015
Thank you Dhingra Sir.
M V Gupta
(Expert) 05 October 2015
Section 82 clearly lays down that the employees of PSUs, corporations etc of the unified AP State will continue for one year. This means they are not allocated to either of the successor institutes until the process of allocation of employees is completed. This process is the responsibility of the parent body i.e., the AP Transco and IT IS THE COMPETENT BODY TO DECIDE ON THE DISTRIBUTION OF THE EMPLOYEES BETWEEN the newly constituted Telangana Transco and itself. It should be understood that this is case bifurcation of the existing parent body and not its winding up. The parent body will continue to exist even after distribution of the employees. Till the distribution process is completed certain number of employees will be posted to the newly created body on deputation in order to help it to discharge its responsibilities. On completion of the process of distribution after obtaining the options of the employees the deputation will come to an end. Generally the deputation terms are decided by both the organizations under a MOU or scheme signed between themselves as regards salary payment obligations and terms of service during deputation period etc.
