ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION & ORS. versus V.V. BRAHMA REDDY & ANR.

Citation: [2024] 9 S.C.R. 75 · Decided: 06-09-2024 · Supreme Court of India · Bench: PAMIDIGHANTAM SRI NARASIMHA · Disposal: Disposed off

Judgment (excerpt)

[2024] 9 S.C.R. 75 : 2024 INSC 663
Andhra Pradesh State Road Transport Corporation & Ors. 
v. 
V.V. Brahma Reddy & Anr.
(Civil Appeal No. 5267 of 2024)
06 September 2024
[Pamidighantam Sri Narasimha* and Pankaj Mithal, JJ.]
Issue for Consideration
The appellant issued a notification dated 08.06.2017 repatriating 
employees who were on deputation, including the present 
respondents, to their parent cadres in TSRTC, i.e., to the zones 
in which they were initially appointed. The respondents challenged 
the notification. In writ appeals, taking note of the guidelines 
for allocation formulated by both Corporations (APSRTC and 
TSRTC), the High Court passed an interim order dated 18.04.2018 
suspending the order of the Single judge of the High Court and 
directing the respondents to report in their parent zones under 
the TSRTC, where they were initially appointed, as the guidelines 
for allocation of employees were jointly finalised by APSRTC 
and TSRTC. In continuation of the said order, this time the High 
Court took a different view of the matter and directed permanent 
allocation of the respondents in their deputational posts falling in 
the State of Andhra Pradesh.
Headnotes†
Andhra Pradesh Reorganisation Act, 2014 – s.77 and s.82 – 
Whether the High Court’s reliance on Section 77 is correct as 
it applies to state government employees, and whether it is 
Section 82 that governs the services of the respondents as it 
relates to employees of Public Sector Undertakings:
Held: From the text of the provisions, it is evident that Section 77 
applies to state government employees – Section 82 clearly states 
that the Corporations shall determine the modalities for distributing 
their employees between the successor states – Pursuant to this, 
the Board prepared the Agenda Note dated 16.08.2017 that sets 
out the allocation of various kinds of employees between APSRTC 
and TSRTC – Upon going through the Agenda Note, it is found 
* Author
76
[2024] 9 S.C.R.
Digital Supreme Court Reports
that the Board had decided that Class III and Class IV employees, 
who are appointed at the regional level, are to be allocated to the 
Corporation in which the region falls after bifurcation – There is 
no dispute about the fact that the respondents were recruited at 
the regional level and belong to the successor state Corporation 
in which the region falls – In this view of the matter, following the 
statutory mandate of Section 82 read with the Agenda Note dated 
16.08.2017, the respondents will continue their employment in 
the same region, which is under the present TSRTC – The High 
Court has incorrectly relied on Section 77 of the Act and has in 
fact failed to notice Section 82 and the follow-up action taken 
thereunder – The High Court also ignored the correct enunciation 
of the applicable law in the order dated 18.04.2018, whereunder 
the respondents were directed to report at their parental zones as 
per the guidelines – There is no dispute about the applicability of 
Section 82 – The division bench of the High Court failed to note 
that the respondents who were on deputation were not absorbed 
in the deputed posts – In fact, their seniority is continued in 
their parental zones – The High Court also did not consider the 
subsequent development when the respondents were in fact 
repatriated to their parent cadre as a consequence of the order 
passed by the division bench on 18.04.2018 – It is for this reason 
that this Court had, at the stage of admission, stayed the judgment 
of the division bench on 05.10.2020, which stay is continuing till 
date – The consequence is that the respondents have returned 
to this parent cadre in the State of Telangana – For the reasons 
stated, the judgment of the Division Bench of the High Court is 
unsustainable. [Paras 11, 12, 13, 14, 15, 16]
List of Acts
Andhra Pradesh Reorganisation Act, 2014; Constitution of India.
List of Keywords
Section 77 of Andhra Pradesh Reorganisation Act, 2014; Section 
82 of Andhra Pradesh Reorganisation Act, 2014; Bifurcation 
of State; Andhra Pradesh State Road Transport Corporation 
(APSRC); Telangana State Road Transport Corporation (TSRTC); 
Class III and Class IV employees; Validity of repatriation orders; 
Zones of initial appointment; Repatriating employees; Allocation 
of employees; Parent zone. 
[2024] 9 S.C.R. 
77
Andhra Pradesh State Road Transport Corporation & Ors. v. 
V.V. Brahma Reddy & Anr.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil A

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