THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION Nos.8788 and 19644 of 2001 COMMON ORDER: Both these two writ petitions can be disposed of by this Common Order as they arise in identical fact situation and also raise common questions. 2. Writ Petition No.8788 of 2001 has been moved by 33 individuals, while Writ Petition No.19644 of 2001 is moved by the Andhra Pradesh State Electricity Board, Private Accounting Agencies Staff and Workers Union, Palakol. 3. The case of the petitioners is that the former Andhra Pradesh State Electricity Board devised a method of entrusting the maintenance of work of the accounts of all its consumers to private accounting agencies, such as Chartered Accountants or computer institutions. Accordingly, several agreements have been entered into. Pursuant to those agreements, the private accounting agencies have hired qualified candidates for the purpose of undertaking the maintenance of accounts of the consumers. Andhra Pradesh State Electricity Board has been initially bifurcated by statutory intervention as Andhra Pradesh Power Transmission Corporation and Andhra Pradesh Power Generation Corporation. We are now concerned with the issue relating to maintenance of accounts of the consumers of the power Transmission Corporation. The Power Transmission Corporation has subsequently established four different companies, called North, South, East and Central Power Distribution Companies or known as DISCOMS, which are the distribution companies. While electric energy generated by the Genco is undertaken for transmission by the A.P. Transco and its DISCOMS. Various measures are evolved for cutting out the transmission loss of energy and the revenue evasion by the consumers. Consumers of electric energy are broadly classified as industrial consumers, Low Tension or High Tension Consumers, Heavy Consumers, Medium Consumers, Commercial Consumers and Domestic Consumers. The pattern for collection of electric energy consumption by the consumers is a varying factor. It also depends upon the slab system, depending upon the quantum of consumption. These are various measures adopted for collecting the revenue for the organisation. 4. Electric energy recording machines are installed at the respective premises of the consumers through which the inline of electric energy is made to pass through. Consequently, the consumption of electric energy by the consumer will get recorded. For collection of the corresponding revenue, these electric energy recording machines have to be verified physically once in every one month. During the course of recording, it was also looked out for ensuring that the electric energy recording machines are not tampered with by the consumers to avoid faithful recording of electric energy consumption. The seals applied for by the corporation shall be found intact, to avoid pilferages. At the same time, no external devises should be deployed by the consumer to prevent recording of the consumption of electric energy. After being satisfied that the recording machines/meters are in proper and good condition, the recording is made. The differential units between the current month’s recording minus the previous month’s recording would disclose the number of units of electric energy consumed during the interregnum period. After the recording is done, they will have to be tabulated and the appropriate revenue charging pattern has to be applied to the consumer and bill has to be prepared and served on the consumer indicating the last date for payment of the consumption charges and also the particulars relating to the delayed payment charges. After the consumer tenders the corresponding consumption charges at the Electricity Revenue Office (C.R.Os), appropriate receipt will have to be passed on to the consumers and also the revenue should be brought to the treasury of the Transmission Corporation/DISCOM. The revenue so generated has to be properly accounted for. The entire work in this regard is not a stop gap work. But a perennial one goes on for the whole of the month. But, however, since the accounting systems need to be fairly accurate, it is considered appropriate to enter into individual contracts with private Accounting systems, such as Chartered Accountants or Computer Institutes. As was already noticed supra, they in turn hire qualified manpower for undertaking this work. Infact, the agreements entered into with these private Accounting agencies clearly disclose that the basic infrastructural facilities, such as accommodation etc., are made available by the Transmission Corporation/ DISCOM, as the case may be where from the private accounting agencies carry on their operations, for rendering accounting services in this regard. The petitioners allege that they have rendered more than 15 years continuous service and that they are all qualified in maintaining the accounts faithfully. There was never any scope for complaints against their performance, nature of duties and hence they prayed for their absorption against the posts of L.D. Clerk/Accounts Clerks or Computer Assistants created or generated in Transmission Corporation and/or the respective four DISCOMS established. 5. Heard Sri Vedula Srinivas, learned counsel for the petitioners in W.P.No.8788 of 2001, Sri S. Ravinder Nath, learned counsel for the petitioner in W.P.No.19644 of 2001 and Smt Jyothi Eswar Gogineni, learned Standing Counsel for the respondent corporation. 6. Sri Vedula Srinivas and Sri S. Ravinder Nath, learned counsel for the petitioners would submit that the work that is being performed by the petitioners and the members of the Trade Union is an exhaustive work, which is, in fact, required to be performed by the regular employees of the corporation. The work is not a short term work, but a regular work, which has got to be performed through out the month and consequently the work goes on month after month. In those set of circumstances, it would only be appropriate to have a regular cadre and then absorb the qualified and suitable persons, instead of allowing the private accounting systems to reap the benefit out of the work performed by the petitioners. They, therefore, suggest that an appropriate decision should be directed to be taken in the matter by the respondent corporation. 7. Per contra, Smt Jyothi Eswar Gogineni would submit that the respondents are now taking necessary steps to have the accounting operations undertaken by themselves and it is, in fact, in the process of disengaging/discontinuing the existing arrangement/agreement entered into with the private accounting agencies. 8. There is no dispute on the basic fact situation. The work involved and performed by the petitioners or members of the Trade Union, as the case may be, is a regular work. It is not a short term or part time work. It is a man power intensive work. There are several factors involved in performing all these duties, such as visiting the respective premises of the consumers, then inspecting the recording machines/meters and thereafter recording the electric energy consumption and work out the electric energy consumption charges payable by the consumers and raise demand bills after duly calculating the appropriate tariff liable to be charged from the consumers. After the bill/demand is raised, the consumer is normally given a couple of weeks time to clear the consumption charges, without any penalty. Only after the last date expires, penalty has to be collected towards the delayed payment. Otherwise, steps should be advised to be taken for disconnection of the energy. After the payment is received, it has to be deposited into treasury of the respective Transmission Corporations/DISCOM. It has to be accounted for and the books of accounts prepared will have to be submitted for scrutiny by the private accounting agency. All these works are perennial because revenue has got to be raised and calculated month after month. Such work is neither seasonal nor a part time work, but a whole time and full time work. It is, therefore, appropriate that the respondents should take an appropriate decision with regard to necessity and requirement of the man power. At the initial stages, perhaps, for want of qualified and suitable personnel for performing all these jobs, arrangements/agreements may have been entered into with the private accounting systems or organisations, but when once it has been conceived that the nature of work involved is a perennial one, every effort should be made to ensure that the suitable and qualified personnel are recruited and the work is undertaken by the respective corporations themselves, instead of allowing a private accounting agency to operate the system. 9. The requirements of man power cannot be dictated to by any one. A realistic assessment, in this regard, has to be made as a policy measure by the respondent corporation. It is for them to devise as to how many employees are needed to attend to this work and what should be the qualifications or criteria for holding the said post. Therefore, the respondent corporation should take a decision in this regard and offer to the petitioners and the members of the trade union for absorption into the service of the corporation/DISCOM, so that the work in this regard can be undertaken by the Transmission Corporation/DISCOM on its own duly disengaging or discontinuing the necessary agreement or arrangement with the private accounting agency. I hope and trust that within a maximum period of six months, an appropriate decision in this regard would be taken and based upon the said decision, necessary measures may be devised fixing the criteria for absorption of the existing employees of the private accounting agencies, who have rendered such work for a reasonable period of length of time, such as 3-5 years, so that the experience gained by them while working on the system can be taken advantage by the respondent corporation. Let a decision be taken in this regard and communicated to all the concerned. Till such time a decision is taken, the petitioners herein, the members of the trade union and the petitioners in W.P.No.19644 of 2001, shall be continued on the same terms and conditions, which are existing hitherto. It is needless to observe that the respondent corporation will devise and fix the reasonable terms for absorption of the experienced employees engaged by the private accounting agencies, duly relaxing the upper age limit, which is normally adopted in case of direct recruitment resorted to by the Transmission Corporation/DISCOM, so that the experience gained by the employees engaged by the private accounting agencies over a long period of time will not be wasted out. 10. With these directions, all the three Writ Petitions are disposed of. No order as to costs. ________________________________ NOOTY RAMAMOHANA RAO,J Date:23.12.2011. Gk THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION Nos.8788 and 19644 of 2001 Date:23.12.2011 Gk.