Professional Documents
Culture Documents
ENE51-HR0SR/9/2023-PO9
ORDERS
CMD/JMD/Addl.Secy/DS(Estt, IR&R)/PO(IR)/PRC/2022, DT.11/09/2023
Ref.:
1. Meetings held on 08.09.2023 & 11.09.2023 in the chambers of the
Chairman and Managing Director, APTRANSCO.
2. Lr. No. Addl. Secy/DS (Estt., IR&R)/PO(IR)/PRC/2022, Dt:07.09.2023.
3. Orders of the Hon’ble High Court in W.P., No. 23427/2023 dated
06.09.2023.
4. Representation Dt:22.08.2023 of APSEB Engineers’ Association.
5. APTRANSCO Order Bearing No. T. O. O. (Addl. Secy-Per) Ms. No. 2924 dated
21.08.2023
6. Memorandum of Settlement dated 16.08.2023
7. Representation Dt:10.08.2023 of APSEB Engineers’ Association.
8. Letter No. 35/OP. A3/2018, dated 19.07.2023 issued by the Government Of
Andhra Pradesh.
9. Several Meetings (almost about 29 meetings (“all inclusive”)) that were
conducted to negotiate the terms on several dates including but not limited
to 26.04.2023, 09.05.2023, 30.05.2023, 21.06.2023 and 09.08.2023.
10.One-Man Commission Report on PRC 2022 dated 16.08.2022
11.APTRANSCO Order Bearing No. T. O. O. (Addl. Secy-Per) Ms. No. 2357
dated 04.02.2022
12.Government Order Bearing No. GO RT/24/2022/ENE01-Energy dated
02.02.2022
The scales of Pay and Allowances of Workmen and other than workmen in
O&M, Construction Staff, Office Staff, Security Staff, Medical Staff, Education Staff,
Fire Fighting Staff etc were revised w.e.f. 01.04.2018 on the basis of
Memorandum of settlement signed on 31.05.2018. The said settlement was
Operative up to 31.03.2022. Hence, the said scales of Pay and Allowances of
Workmen and other than workmen have to be revised w.e.f. 01.04.2022.
File No.ENE51-HR0SR/9/2023-PO9
5. Since, the supply of power being essential to cater the needs of every
individual in the state, and the said strike is illegal as the services in power sector
are declared as essential under the A.P essential services maintenance Act, the
Managements of all power utilities have requested the employees not to go for
strike, in particular when the monthly pay of such employees are very much high
when compared to other states/ departments/ companies. However, the
employees were hell-bent to go for strike saying not to disturb the earlier PRC
system and to continue the elongation of master scale from time to time by
granting additional fitment during pay revision schedule.
6. As the above such strike is illegal, and to have harmony and conducive
atmosphere in day-to-day operations in power sector besides management of
organisations, a final meeting was held on 09.08.2023 i.e., a day prior to
File No.ENE51-HR0SR/9/2023-PO9
8. Aggrieved by the Order dated 21.08.2023, the employees who are other
than workmen category have submitted another representation dated
22.08.2023 wherein the arrangement made vide memorandum of settlement
dt.16.8.2023 was stated as signed only by the leaders of workmen but it contain
arrangement in respect of all employees including the executives i.e., category of
other than workmen, and that the same is allegedly contrary to the tripartite
agreement entered in 1998 when electricity reforms were under taken by the
then govt reorganising the then APSEB in to several power companies, and that
the recent arrangement made is not binding on the category of employees other
than workmen on the ground that, the cap on single master scale at Rs
2,59,895/- as specified in the said agreement is adverse to their interest, and that
it will have consequential effect even beyond four years of pay revision period.
a copy of this order. Till passing of such order, the impugned order
dated 21.08.2023 shall not be given effect to”.
10. Consequent to the Orders of the Hon’ble High Court, the Corporation had
issued notices as referred to at Sl. No. 2 herein above calling upon the Employees
who are not workmen to participate in the discussions in the meeting on
08.09.2023 in the chambers of Chairman and Managing Director, APTRANSCO. In
compliance of the orders dated 06.09.2023 passed by the Hon’ble High Court in
the reference 3rd cited, the managements of APTRANSCO and other power
utilities undertook the process of deliberation with their employees of the
category ‘other than workmen’, and in particular grievances stated in the
representations dated 10.08.2023 and 22.08.2023 submitted by the APSEB
Engineers’ Association and APSEB AEEs’ Association were considered.
11. The following are the grievances stated by the said Associations.
12. It is noted that most of the above said grievances were canvassed only in
the Representation dated: 22.08.2023. In fact, in the Representation dated:
10.08.2023 vide reference 1st cited, they have only stated that their demands
stated in the Representation of APSPE JAC agitation Notice Dated: 20.07.2023
requesting to set aside One-Man Commission Report and not to accept concept of
Personal Pay and that unlimited elongation of Master Scale should be continued.
13. As could be seen from the minutes of the meeting, the settlement of
File No.ENE51-HR0SR/9/2023-PO9
Agreement, those reflects the reason for not accepting demands in full which are
stated in the agitation notice dated:20.07.2023.
15. Before considering the other grievances as are raised by the Associations, it
actually becomes imperative to refer to few of the observations as were made by
the PRC Commission in its Report.
Table
01.10.2006 23115
01.10.2007 23975
01.10.2008 24835 01.10.2008 22430
01.10.2009 25695 01.10.2009 23040
01.04.2010 Fixation of pay in Revised 01.10.2010 23650
Scales
Pay 25695 01.10.2011 24300
DA 35.731% 9181 01.10.2012 24950
Fitment 30% 7709 01.07.2013 Fixation of pay in Revised
Scales
Total 42585 Pay
24950
Next Stage 42720 DA 63.344% 15804
Service 3015 Fitment 43% 10789
Weightage (2)
Pay fixed in the Revised 45735 Total 51543
Scales
01.10.2010 **47320 Pay fixed in the Revised Pay 52590
Scales
01.10.2011 48905
01.10.2012 50490
01.10.2013 52075 01.10.2013 53950
01.04.2014 Fixation of pay in Revised
Scales
Pay 52075
DA 47.797 24890
Fitment 30% 15623
Total 92588
Next Stage 92705
Service 9345
Weightage (3)
Pay fixed in the Revised ***10205
Scales 0
01.10.2014 105165 01.10.2014 55410
01.10.2015 108280 01.10.2015 56870
01.10.2016 116660 01.10.2016 58330
01.10.2017 115040 01.10.2017 59890
01.04.2018 Fixation of pay in Revised 01.07.2018 Fixation of pay in Revised
Scales Scales
Pay 115040 Pay 59890
File No.ENE51-HR0SR/9/2023-PO9
*Maximum of the time scale is₹. 21485 in 2006 Pay Scales. Scale elongated.
**Maximum of the time scale is ₹.35270 in 2010 Pay Scales. Scale elongated.
***Maximum of the time scale is ₹. 63600 in 2014 Pay Scales. Scale elongated.
***Maximum of the time scale is ₹. 92965 in 2018 Pay Scales. Scale elongated.
PAY OF ASSISTANT EXECUTIVE ENGINEERS WHO JOINED ON 1ST OCTOBER 1997 IN ONE OF
19. The above table shows that there is much disparity in the maximum pay that can be
drawn by various categories of senior employees of the Power Utilities of Andhra Pradesh
compared to similar categories in other Power Utilities and Government. It is limit less in the
Power Utilities of Andhra Pradesh whereas it is not the case in other Utilities except workmen in
National Thermal Power Corporation where it is an open-ended scale. For purpose of
comparison, the present pay drawn by various categories in AP Power Utilities and the
maximum pay that can be taken by their counter parts in other Power Utilities and the
Government of Andhra Pradesh presuming appointments to all Automatic Advancement Grades
including benefit after 30 years of service allowed vide G.O. Ms. No.1 Finance (PC – TA)
Department dated 17.01.2022, is as shown in the table on the succeeding page:
File No.ENE51-HR0SR/9/2023-PO9
File No.ENE51-HR0SR/9/2023-PO9
File No.ENE51-HR0SR/9/2023-PO9
File No.ENE51-HR0SR/9/2023-PO9
File No.ENE51-HR0SR/9/2023-PO9
File No.ENE51-HR0SR/9/2023-PO9
File No.ENE51-HR0SR/9/2023-PO9
File No.ENE51-HR0SR/9/2023-PO9
20. In Odisha, there are separate service Conditions and Rules for Executives
and Non-Executives. The classification, structure and pay scales of Non-Executive
and Executive Grades are as under:
Table
DET
Semi Skilled - B NE 2 19,900- E 2 EE 1 Junior Manager 44,900-
63,200 1,42,400
File No.ENE51-HR0SR/9/2023-PO9
Table 05.04.
Non-Executives Executives
Grade ₹. Grade ₹.
W0 20,000 E0 30,000-1,20,000
W1 20,500 E1 40,000-1,40,000
W2 21,000 E2 50,000-1,60,000
W3 21,500 E3 60,000-1,80,000
W4 22,000 E4 70,000-2,00,000
W5 22,500 E5 80,000-2,20,000
W6 23,000 E6 90,000-2,40,000
W7 24,000 E7 1,00,000-2,60,000
W8 25,000 E8 1,20,000-2,80,000
E9 1,50,000-3,00,000
22. The Power Grid Corporation of India is the largest electrical power
transmission utility in India. The pay scales of Workers and, Supervisors and
File No.ENE51-HR0SR/9/2023-PO9
Workmen/Supervisors Executives
Grade ₹. Grade ₹.
Workmen Supervisors
W0 20,000-57,500 E0 30,000-1,20,000
W1 20,500-68,000 E1 40,000-1,40,000
W2 21,000-72,000 E2 50,000-1,60,000
W3 21,500-74,000 E3 60,000-1,80,000
W4 22,000-85,000 E4 70,000-2,00,000
W5 22,500-1,00,000 E5 80,000-2,20,000
W6 23,000-1,05,000 E6 90,000-2,40,000
W7 24,000-1,08,000 E7 1,00,000-2,60,000
W8 S1 25,000-1,17,500 E8 1,20,000-2,80,000
W9 S2 26,000-1,18,000 E9 1,50,000-3,00,000
W10 S3 27,000-1,18,500
W11 S4 28,000-1,19,000
SG SSG 29,000-1,19,500
23. The Bharat Heavy Electricals Ltd., is engaged in the design, engineering,
manufacturing, construction, testing, commissioning and servicing of a wide
range of products, systems and services for the core sectors of the economy, viz.
power, transmission, industry, transportation, renewable energy, oil & gas, and
defence. The pay scales of Workers and, Supervisors and Executives of Bharat
Heavy Electricals Ltd., are as under:
Table
Workmen/Supervisors
Workmen ₹.
Grade Designation
A1/B1 Unskilled Worker/Attendant Grade II 23,000-50,000
A2/B2 Semi-Skilled Worker/Attendant Grade I 24,000-55,000
A3/B3 Artisan Grade IV/Clerk/Typist 29,500-65,000
A4/B4 Artisan Grade III/Assistant Grade II 30,000-75,000
A5/B5 Artisan Grade II/Nurses Grade II 30,500-85,000
A6/B6 Artisan Grade I/Nurse Grade I/Assistant Grade I 31,000-95,000
A7/B7 Technician/Senior Assistant Grade III 33,500-1,20,000
File No.ENE51-HR0SR/9/2023-PO9
2,80,000
E8 General Manager 1,20,000-
2,80,000
E9 Executive Director 1,50,000-
3,00,000
Director 1,80,000-
3,40,000
Chairman and Managing Director 2,00,000-
3,70,000
24. The Commission found that many States like Kerala and Karnataka which
do not follow Central Pattern and Gujarat, Rajasthan, Punjab, Haryana, West
Bengal, Uttar Pradesh, Madhya Pradesh, etc., align pay revision of Power Utilities
in their States with the Pay Revision of State Government employees. In earlier
days, there used to be an alignment between the pay revisions of the State
Government employees and erstwhile employees of the Andhra Pradesh State
Electricity Board. It went on till 1986. There was a pay revision 1990 followed in
1994 and 1998. Eventually, the 1998 Pay Revision Commission preceded
unbundling of the Board. In the guise of protection of service benefits covered
under Tripartite Agreement, the Commission feels that pay revision in Power
Utilities is taking place in every four years regularly. The Commission does not
find logic that the pay scales of the Power Utilities should be higher as they
perform more onerous duties. The Commission finds that only the duties of some
categories may be of specialized nature but all such as last grade service,
ministerial and administrative wings. In the guise of specialized nature of work,
the Commission does not favor of special dispensation towards all categories of
employees of Power Utilities. To conclude, the Commission suggests that the Pay
Revision of the Power Utilities be aligned with State Pay Revisions and if possible,
to adopt the State Scales, duly allowing appropriate allowances depending upon
specific difficulties/higher skill required for the specific jobs.
25. The above said details clearly goes to show that, all the employees
including the petitioners and workmen category employees of respondent have
been getting salaries, much more than of salaries of equal cadre of employees in
government services, other P.S.U.S and P.S. U’S of other states. Therefore, while
undertaking the exercise of pay revision in this year which was due in 2022, it is
proposed to correct the mistake of said elongation of master scale and to
maintain ceiling of master scale, and then all other amounts payable to employees
including increase of fitment etc., be kept in personal pay component, so that
there should not be any violation in the master scale specified for each cadre. But
File No.ENE51-HR0SR/9/2023-PO9
the petitioners and other category of employees went on insisting not to maintain
ceiling of Master Scale of each cadre, and thus insisted to perpetuate the said
mistake crept in such elongation of Master scale of each cadre. However, But the
managements of State Power Utilities and the Government of Andhra Pradesh
tried to impress the employees saying that such elongation of Master Scale has
created havoc in Pay fixation, besides creating unrest in the employee community
who are working in Government and government organisations, but in vain.
26. The above details clearly shows that, the Chief Engineer of APTRANSCO is
getting pay of rupees more than 4 lakhs while the similar cadre of power utilities
of other states are drawing much lesser amount. Further when compared with
similar cadre of AP Government Employees or Employees working in PSU’s they
are also drawing much lesser amount than the pay of the employees of AP Power
utilities.
27. Further, on the claims made by the said associations on the legal aspect, it
is got studied by lawmen as to the legal rights of employees about their wages
and obligation of managements of companies incorporated under companies Act.
It was opined by the experts that law evolved through precedents by Hon'ble
Supreme Court in respect establishments covered by Article 12 of Constitution of
India, the financial stringency can be aground to revise the wages of employees of
such establishments and the managements are at liberty to seek a decision of
Industrial Tribunal about the revision of wages of workers.
28. Further to state that the AP state power companies are concerned, those
are under huge financial losses and borrowing capacity is also exhausted and no
financial institution is coming forward to advance loans except on high rate of
interest considering their bad financial position.
29. The APTRANSCO has further examined the specific grievances as canvassed
by the said two Associations which are stated above and the appropriate finding
together reasons are stated hereunder, duly considering the analysis got studied
as to legal rights of employees and obligations of management of AP Power
Utilities, since the revisions to be applied for all power utilities.
ii. The orders vide T.O.O dated 21.08.2023 were issued unilaterally.
Ans: The said claim is incorrect as the recommendations of One Man Pay
Revision Commission was shared with Associations and Unions of
employees during the meeting prior to 20-7-2023.
provided and incorporated as part of Personal Pay. This decision was made
due to the undue burden placed on AP Power Utilities caused by the
unlimited elongation of the Master Scale. This decision was also influenced
by the high salaries of employees in AP Power Utilities, as analysed by PRC
2022. It should be emphasized that such unlimited elongation of the Master
Scale and high salaries have also been a source of concern for employees of
the state government.
vi. To allow and continue the increments beyond Master Scale as per the
method that is being followed.
viii.By the effect of new PRC – 2022 newly recruited Assistant Executive
Engineer entered at 35th stage will get only 42 increments in the
entire service as against minimum of 50 increments and consequently
the rate of increment will be reduced to 2.25%.
30. In view of the above facts and the analysis together findings stated above, it
is decided that, none of the said grievances are acceptable and therefore, not
accepted. Accordingly, the Order dated 21.08.2023 stands reinstated and is made
applicable to all the Employees of APTRANSCO.
To
The APSEB Engineers’ Association (Regd.No.874/1975), Vijayawada
The APSEB AEEs’ Associations (Regd.No.1185/1977), Vijayawada.
Copy submitted to
The Special Chief Secretary to Government, Energy Department, AP Secretariat,
Velagapudi.
Copy to
The MD, Genco & JMD(HR & Admin), APTRANSCO/VS/Vijayawada
All CMDs of Power Utilities.
The Director (Finance), APTRANSCO, VS, Vijayawada.
All Directors (Finance) of Power Utilities.
The FA&CCA, APTRANSCO, VS, Vijayawada
The CGM (Finance), APPCC, VS, Vijayawada
File No.ENE51-HR0SR/9/2023-PO9