Telangana State Electricity Employees Union v. Telangana Southern Power Distribution Company
2025-11-25
NAGESH BHEEMAPAKA
body2025
DigiLaw.ai
ORDER: NAGESH BHEEMAPAKA, J. Petitioner claims to be a Trade Union having membership of about 18000 employees of power sector in the State of Telangana. It also claims to be the largest recognized trade union representing the grievances of its members at various levels of the Management of Power Generation, Transmission and Distribution Companies of Telangana. It is stated that petitioner was allotted 622 square yards of land adjacent to Mint Compound area in 1954 by the then Electricity Department for construction of its own building and petitioner constructed two buildings, i.e. one building with area of 6000 Sft. and another one with area of 4000 Sft. with its own funds. While so, when the State Government decided to construct a new Secretariat Complex, they sought to dispossess petitioner and take over their buildings. Therefore, petitioner is stated to have filed Writ Petition No. 6755 of 2021 which, by order dated 20.04.2021, was disposed of on an undertaking given by Respondents therein that possession of union buildings of petitioner would be taken over only after providing them alternative accommodation. Accordingly, three quarters in New MLA Quarters, Adarshnagar, Hyderabad were allotted to petitioner temporarily till a new building is constructed in the place of old buildings of petitioner. It is further stated that State has assured that building with 10,000 Sft. would be constructed and the same would be allotted to petitioner but R&B Department, after demolishing the union buildings of petitioner, constructed a building of about 5000 Sft. in Ground, Stilt + 5 Floors with 1047 Sft. in each floor and the State proposed to allot 2 nd Floor to the 6 th Respondent, 3 rd and 4 th floors to petitioner and 5 th floor to the 5 th Respondent along with a common hall in the first floor to be utilized by all of them. Petitioner contends that having demolished their union buildings comprising 10,000 Sft., the present two floors allotted to it would not be sufficient to cater to their needs and further contends that Respondents went back on the promise of allotting 10,000 Sft. to it. Hence, the present Writ Petition. 2. Respondents 3 and 4 filed Counter Affidavit contending that in order to implement the Master Plan of new Secretariat Complex, certain structures belonging to Telangana State Electricity Employees Union-327 INTUC (petitioner), Telangana State Electricity Asst.
to it. Hence, the present Writ Petition. 2. Respondents 3 and 4 filed Counter Affidavit contending that in order to implement the Master Plan of new Secretariat Complex, certain structures belonging to Telangana State Electricity Employees Union-327 INTUC (petitioner), Telangana State Electricity Asst. Engineers Association (5 th Respondent) and Telangana State Electricity SC & ST Employees Welfare Association (6th Respondent) were taken over, therefore, it was their duty and obligation to allot the building constructed with Ground 5 Floors to all the three Associations/Unions proportionately. Respondents have accordingly, decided to allot the building constructed to all the three Associations/Unions. While it was proposed to allot 3 rd and 4th Floors to petitioner, it was proposed to allot 2nd floor to the 6th Respondent and 5th floor to the 5th Respondent and contended that there is no illegality or irregularity in allotment of respective floors, as per the impugned proceedings. 3. Respondent No.1 viz. Telangana Southern Power Distribution Company filed Counter Affidavit and while supporting the contentions of learned Government Pleader appearing for Respondents 2 to 4, stated that initially, the new building was proposed with Ground + 3 Floors but on the request of the 1 st respondent, two additional floors were constructed for allotment of the said building to all the three Associations/Unions. The 1 st respondent further stated that two buildings taken over from petitioner for construction of new Secretariat Complex were located in an area of 275 square yards (with built up area of 1710 Sft.) and 347.30 square yards (with built up area of 4476 Sft.) respectively, while the building taken over from the 5th Respondent was located in an area of 184.45 square yards (with built up area of 1660 Sft) and the building taken over from the 6 th Respondent was located in an area of 458.62 square yards (with built up area of 3595 Sft). In view of the same, after construction of the new building comprising Ground + 5 Floors, the Chief Secretary of the State Government, vide letter dated 22.10.2024 requested the 1 st respondent to take necessary action for allotment of building floor-wise, duly taking into account the letter of the 4 th Respondent dated 16.05.2024. Accordingly, floor-wise allocation of the building to each of the Associations/Unions was proposed, as follows: S.No. Floor Name of the Association 1. Stilt Floor Parking (common for all) 2.
Accordingly, floor-wise allocation of the building to each of the Associations/Unions was proposed, as follows: S.No. Floor Name of the Association 1. Stilt Floor Parking (common for all) 2. First Floor Common meeting hall for all Associations 3. Second Floor Telangana Electricity SC & ST Employees ´Welfare Association 4. Third Floor TSEE Union 327 5. Fourth Floor TSEE Union 327 6. Fifth Floor AEs’ Association 3.1. It is stated, the 1 st respondent, after allotting the floors, communicated the same to all the associations/unions, however, petitioner has not agreed for the said allotment. As such, the 1 st respondent called for a joint meeting with all the three associations/unions in which petitioner had ventilated its grievance stating that the area allotted to it is very less when compared to the area of land taken over for construction of new Secretariat Complex. It is further stated that the 1 st respondent has only implemented the directions of the 4 th Respondent, as affirmed by the Chief Secretary to Government and there is no illegality or irregularity in the said allotment and prayed to dismiss the above Writ Petition. 4. In the counter filed on behalf of Respondents 5 and 6, it is stated that it is admitted fact from the records that the 5 th respondent had also lost the land to the extent of 458.62 square yards along with AC sheet structure along with petitioner and petitioner alone does not have any vested interst over entire five floor building as if petitioner alone lost the land, as such the Writ Petition is misconceived and not maintainable either in law or on fact so also petitioner union failed to address any violation of rights much less fundamental right to invoke the extraordinary jurisdiction of this Court. 5. Heard Sri M.V. Rama Rao, learned counsel for petitioner, Sri N. Sreedhar Reddy, learned Standing Counsel for the 1 st respondent, learned Government Pleader for GAD on behalf of the 2 nd respondent, learned Government Pleader for R&B on behalf of Respondents 3 and 4 and Sri C. Kumar, learned counsel for Respondents 5 and 6. 6. It is seen that allotment of floors in the newly constructed building has been taken up by the 4 th Respondent, which was affirmed by the Chief Secretary of the State.
6. It is seen that allotment of floors in the newly constructed building has been taken up by the 4 th Respondent, which was affirmed by the Chief Secretary of the State. Based on the same, the 1 st respondent issued allotment letters which are impugned in the present Writ Petition. Petitioner has no right to contend for allotment of entire building to it, leaving Respondents 5 and 6 with no building for conducting their affairs. As all the three Associations were affected in view of taking over of their buildings for construction of new Secretariat Complex, whatever is available has been allotted to them in proportion to the area taken over. Petitioner could not show infringement of any fundamental rights for entertaining the present Writ Petition. This Court, in exercise of its extraordinary jurisdiction under Article 226 of the Constitution, cannot go into the issues that have been raised by petitioner in as much as all the three Associations/unions are affected and the building consisting of five floors has been allotted to all of them proportionately which cannot be found fault with. Petitioner has not shown any ground or violation of fundamental rights to interfere with the impugned proceedings. Hence, the above Writ Petition is liable to be dismissed. 7. The Writ Petition is accordingly, dismissed. No costs. 8. Consequently, the interim order dated 26.06.2024 shall automatically stand dissolved.