TS-Transco May Proceed With Fresh Recruitment After State Bifurcation, Supreme Court Allows Appeal

A Bench of Justices Joymalya Bagchi and Pamidighantam Sri Narasimha heard appeals against a Division Bench judgment of the Telangana High Court that had set aside TS-Transco’s notification cancelling earlier recruitment notifications issued by erstwhile AP-Transco and had directed appointment of candidates from the pre‑2014 select list. The appeals challenged the High Court’s conclusion that the decision to scrap the earlier selection process and issue a fresh notification was unsustainable and violative of Article 14.

The Supreme Court allowed the appeals and set aside the High Court’s order, holding that TS-Transco’s policy decision to cancel the earlier selection process and initiate a fresh recruitment drive was taken bona fide in light of litigation delay and the bifurcation of the State. The Court noted that selected candidates did not possess a vested right to appointment and that authorities retained the discretion to reassess human‑resource needs. The Court, in its reasoning, observed: The Court observed that TS‑Transco had considered candidates’ legitimate expectations by providing age relaxation in the fresh notification and held that a court exercising judicial review could not “second guess the manner in which the authority would address the issue of legitimate expectation.”

Background The dispute arose from recruitment notifications issued by AP‑Transco in 2011–12 for 339 Sub‑Engineer (Electrical) posts. The selection process allotted substantial weightage to in‑service candidates; that scheme was challenged and reduced by the High Court and the Division Bench had directed a fresh written examination. Before completion of the process, Andhra Pradesh was bifurcated on 02.06.2014 and TS‑Transco was incorporated to serve Telangana. Review petitions and clarificatory orders followed. TS‑Transco issued T.O.O. No.519 dated 11.12.2017 declaring pre‑2014 notifications to have lapsed and issued Notification No.05/2017 dated 28.12.2017 to initiate a fresh selection for 174 Sub‑Engineers for Telangana, with extended age limit to accommodate earlier candidates.

Selected candidates from the 2011–12 process petitioned the High Court, which concluded it found “no valid reason” for TS‑Transco’s cancellation and held the action “illegal, arbitrary and violative of Article 14,” directing continuation of the earlier selection process and appointments pursuant to the pre‑2014 notifications. The Supreme Court examined the file notings and the chronology: the pending litigation over weightage, the substantial delay in completing selection, the re‑organization of the State and altered zonal and reservation arrangements, and the High Court’s own clarification that it did not intend to issue a mandamus to continue the earlier process. The Supreme Court held these factors constituted a legitimate basis for TS‑Transco’s policy decision to issue a fresh notification; it found the High Court’s conclusion that TS‑Transco acted mala fide to be based on an incorrect appreciation of records. The Court allowed the appeals, set aside the impugned judgment, and directed that TS‑Transco be free to make appointments in terms of Notification No.05/2017 in accordance with law. Civil Appeal @ SLP(C) Nos.11149, 11170 & 11481 of 2020 and the related appeals were allowed; an appeal by candidates who failed to qualify under the new test was dismissed.

Case Details: Case No.: 2025 INSC 1029 (C.A. @ SLP(C) Nos. 11149/2020, 11481/2020, 11170/2020, 12599/2020 & 761/2021) Case Title: The Transmission Corporation of Telangana State Limited & Anr. v. Chukkala Kranthi Kiran & Ors. Appearances: For the Petitioner(s): Mr. Gourab Banerji, Senior Counsel (for TS‑Transco) For the Respondent(s): Mr. B. Adinarayana Rao, Senior Counsel (for respondent‑writ petitioners)