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

Citation: [2022] 10 S.C.R. 1106 · Decided: 11-10-2022 · Supreme Court of India · Bench: M.R. SHAH · Disposal: Directions issued

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 10 S.C.R.
   [2022] 10 S.C.R. 1106
1106
Y. SAI SATYA PRASAD & ORS.
v.
D. PRABHAKARA RAO & ORS.
(Contempt Petition (Civil) D.No.28852 of 2020)
OCTOBER 11, 2022
[M. R. SHAH AND A. S. BOPANNA, JJ.]
Contempt of Court– Reorganization of the existing State of
Andhra Pradesh, State of Telangana was formed –Government
orders were issued for Distribution, Generation Companies and
Transmission Corporation whereby their assets and liabilities were
apportioned between the two new States along with the posts
sanctioned for the employees working in those power sector
corporations/companies – However, the Power Utilities of the two
newly formed States could not arrive at any consensus with regard
to modalities for allocation and distribution of personnel–Power
utilities of Telangana on the principle of nativity unilaterally relieved
employees whose service records mentioned them as resident of any
part of the residuary State of Andhra Pradesh and those who
belonged to territory of the newly formed State of Telangana were
permitted to join– Impugned action set aside by High Court – Order
upheld by Supreme Court, however, noticing that two States were
not able to arrive at any consensus and to finally determine the
modalities for distributing the personnel between two States, One
Man Committee consisting of a former Judge of the Supreme Court
was appointed – It was made clear that the decision of the One
Man Committee shall be final and binding on all the parties – Present
contempt petition filed by the 84 petitioners-erstwhile employees of
the Andhra Pradesh Power Utilities alleging deliberate and willful
disobedience of the judgment and order dated 7.12.2020 passed
by Supreme Court– Held: Once the names of the 84 petitioners
figured in the Final List prepared by the One Man Committee and
the Final Report was accepted and approved by Supreme Court
and it was directed that both the States and their respective State
Power Utilities are bound by the Final Report of the One Man
Committee and Final List prepared and communicated with the Supplementary
Report/Final Report, thereafter any deviation from the same would
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tantamount to willful disobedience of the directions issued by
Supreme Court –The respective subsequent office orders issued by
the respective Telangana Power Utilities i.e.the TS Genco, TS
Transco, the TSNPDCL and the TSSPDCL are contrary to the
directions issued by Supreme Court and the Supplementary Report/
Final Report submitted by the One Man Committee which would
tantamount to willful disobedience of the directions issued by
Supreme Court –Again, the Telangana State Power Utilities have
raised the same issues with respect to the Reciprocity and Financial
Neutrality, which were earlier raised before Supreme Court by filing
respective Miscellaneous Applications and same came to be
dismissed by vide order dated 7.12.2020 – Thereafter, to raise the
same objections/issues again by the Telangana State Power Utilities
would tantamount to willful disobedience of the directions issued
by Supreme Court –It was purposefully directed to constitute the
One Man Committee consisting of a Former Judge of Supreme Court
to put an end to the litigation with respect to the allocation of the
employees and other disputes w.r.t the respective Power Utilities of
both the States –Respective Telangana Power Utilities are guilty of
contemptfor willful and deliberate disobedience of the judgment
and order dated 7.12.2020 passed by Supreme Court–Additional
opportunity given to them to comply with the directions issued in
the final judgment and order dated 7.12.2020 and Concluding Final
Report submitted by the One Man Committee dated 20.06.2020 and
to absorb all the respective petitioners in the respective Telangana
Power Utilities/establishment as per the list approved by the One
Man Committee –This would have a direct bearing on the
punishment/sentence to be imposed– Salary and other service
benefits also to be paid to the petitioners from the day they are
relieved by the respective Andhra Pradesh Power Utilities.
Telangana Power Generation Corporation Limited v.
Andhra Pradesh Power Generation Corporation Limited
2020 SCC Online SC 995 – referred to.
INHERENT JURISDICTION : Contempt Petition (Civil)
D.No.28852 of 2020.
From the Judgment and Order dated 07.12.2020 in MA No.1270
of 2020 passed by the Supreme Court of India.
Y. SAI SATYA PRASAD & ORS. v. D. PRABHAKARA RAO &
ORS.

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