K.K.Surendran And Others v. The Union Of India And Others
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 30TH DAY OF JANUARY 0012/10TH MAGHA 1933 WPC.No. 23562 of 2009 (Z) ------------------------- TA.78/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONERS:
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1. K.K.SURENDRAN, SUB DIVISIONAL ENGINEER (GROUPS), BSNL, IRUKKUR KANNUR-670 593, RESIDING AT, 'SARANG'
CHANGALAYI P.O., VIA. SREEKANDAPURAM KANNUR DISTRICT.
2. P.P.MADHUSOODANAN, SUB DIVISIONAL ENGINEER(PLANNING), O/O.GMD, KANNUR RESIDING AT "AISWARYA", NEAR ELAYAVOOR PANCHAYATH OFFICE P.O., MUNDAYAD, KANNUR-670 597.
3. S.SURESH, SUB DIVISIONAL ENGINEER T&D A/T, BSNL ERNAKULAM, RESIDING AT LEELALAYAM THONDANKULANGARA WARD, AVALUKKUNNU P.O.
ALLEPPEY-688 006.
4. A.INDUCHOODAN, SUB DIVISIONAL ENGINEER (AC & POWER), BSNL, ERNAKULAM RESIDING AT KEERTHY, KUREEKAD, THIRUVANKULAM COCHIN-685 305.
5. SABU P.ALIAS, SUB DIVISIONAL ENGINEER (IT), IT CELL, BSNL ERNAKULAM, RESIDING AT PALLIAPPATTU HOUSE AYAVANA P.O., ERNAKULAM-686 676.
6. P.K.KAMALASANAN, SUB DIVISION ENGINEER, IMPCS, TELEPHONE BHAVAN, VELLAYIL CALICUT-673 032, RESIDING AT PONNANIPARAMBIL DR.O.K.MADHAVI AMMA, ROAD, COCHIN-682 018.
7. T.G.AJITH KUMAR, SUB DIVISIONAL ENGINEER, IMPCS, ERNAKULAM RESIDING AT THEKKUMKATTIL, KADAMATTOM P.O.
KOLENCHERRY VIA., ERNAKULAM.
8. K.H.SUKUR, SUB DIVISIONAL ENGINEER, IMPCS, ERNAKULAM, RESIDING AT KZARADATH HOUSE KOOTHPILLY ROAD, PONNURUNNI, VYTTILA P.O.
ERNAKULAM, COCHIN-682 019.
9. V.K.VIJAYAN, SUB DIVISIONAL ENGINEER, CIRCLE, A/T, BSNL ERNAKULAM, RESIDING AT, VAREAYATH PARAMBIL KAKKADU, MAMALA, ERNAKUALM-683 205.
10. V.K.LETHA, SUB DIVISIONAL ENGINEER, T&D A/T, BSNL, ERNAKULAM RESIDING AT PRANAVAM, THIRUNILETH ROAD COCHIN UNIVERSITY P.O., SOUTH KALAMASSERY-682 022.
11. S.MANOJ, SUB DIVISIONAL ENGINEER(IT), IT CELL, BSNL, ERNAKULAM RESIDING AT MINI BHAVAN, MUNDAPPALLY PERINGANAD P.O., ADOOR-691 022.
12. BIJU M.NAIR,SUB DIVISIONAL ENGINEER, T&D A/T, BSNL, ERNAKULAM RESIDING AT SIVAGANGA, TRA B-20, TRIPPADAPURAM KULATHOOR P.O., THIRUVANANTHAPURAM.
13. SANTHI C.KAIMAL, SUB DIVISIONAL ENGINEER E10B, TELEPHONE BHAVAN, BSNL THIRUVALLA, RESIDING AT VARIANTHARA, KARAKKAL P.O. THIRUVALLA-689 109.
14. SUDHA JEEVAN, SUB DIVISIONAL ENGINEER (IM), BSNL, RESIDING AT ANARIL MALAKUNNAM P.O., CHANGANASSERY-686 552.
15. C.KRISHNAKUMAR, SUB DIVISIONAL ENGINEER (C0MMERCIAL), BSNL, KAYAMKULAM RESIDING AT, BSNL QUARTERS TELEPHONE EXCHANGE COMPOUND, KAYAMKULAM-690 502.
16. R.PRADEEP, SUB DIVISIONAL ENGINEER (INTERNAL), TELEPHONE EXCHANGE, BSNL KAYAMKULAM, RESIDING AT BSNL QUARTERS TELEPHONE EXCHANGE COMPOUND, KAYAMKULAM-690 502.
17. V.V.RAJEEVAN, SUB DIVISIONAL ENGINEER (NWP), O/O.GMD, BSNL KANNUR, RESIDING AT, VELLACHIL HOUSE P.O.KADACHIRA, KANNUR-670 621.
18. JAYASREE SURESH, SUB DIVISIONAL ENGINEER (COMPUTER), BJ TELEPHONE EXCHANGE, BSNL ERNAKULAM, RESIDING AT INDEEVANAM THRIKKANNAPURAM TEMPLE ROAD, EDAPPALLY, ERNAKULAM.
19. K.R.REVI, SUB DIVISIONAL ENGINEER, BSNL, VENGALLOOR, RESIDING AT KOLLAMOLAYIL HOUSE EDACKATTU KETTAM, MADAKATHANAM P.O.
20. K.S.HARIKRISHNAN, SDOT, BSNL, THODUPUZHA RESIDING AT KIZHAKKANATTU, HOUSE, KOLANI P.O. THODUPUZHA.
21. R.RANJITH, SUB DIVISIONAL ENGINEER, IMPCS, ALAPPUZHA, RESIDING AT VELIYIL MADOM, MAYATHARA MARKET P.O., KANJIKUZHI VILLAGE CHERATHAL.
22. C.SREEKUMAR, SUB DIVISIONAL ENGINEER (INSTALLATION), TELEPHONE EXCHANGE BUILDING 3RD FLOOR, BSNL, PALAKKAD RESIDING AT DARSINI, KSHB COLONY, KALLEPPULLY PALAKKAD.
23. S.PREETHA, SUB DIVISIONAL ENGINEER (INSTALLATION), TELEPHONE EXCHANGE, KULAPPULLY SHORNUR, RESIDING AT MAROTTICKAL, HOUSE KAVALAPPARA P.O., SHORNUR VIA., PALAKKAD DISTRICT.
24. S.MALATHY, SUB DIVISIONAL ENGINEER(MM), TELEPHONE EXCHANGE BUILDING, KANJIKODE, PALAKKAD RESIDING AT BSNL QUARTERS, TELEPHONE EXCHANGE BUILDING, CHANDRANAGAR KOOTUPATHA PALAKKAD DISTRICT.
25. K.P.LATHA, SUB DIVISIONAL ENGINEER, DTAX, BSNL, TRICHUR RESIDING AT SWAPNAM, MINOR ROAD, NADATHARA TRICHUR.
26. I.V.GOPALAN, SUB DIVISIONAL ENGINEER (OFS), STR, BSNL KANNUR, RESIDING AT NEAR ODAYAMMADAM, RAILWAY GATE CHERUKUNNU P.O., KANNUR-670 301.
27. M.T.VIJAYAN, SUB DIVISIONAL ENGINEER (INTERNAL), BSNL, THALIPARAMBA KANNUR, RESIDING AT VICHITHRA NIVAS, KUTTIKOL P.O. VIA. TALIPARAMBA, KANNUR DISTRICT-670 141.
28. K.REMANI, SUB DIVISIONAL ENGINEER(OCB), TELEPHONE BHAWAN, BSNL, KANNUR RESIDING AT, QUARTER-1, BSNL TELEPHONE BHAVAN, KANNUR.
29. RAKHEE S. BHAT, SUB DIVISIONAL ENGINEER (COMMERCIAL), BSNL, THALIPARAMBA KANNUR-670 141, RESIDING AT 8/116, T.D.SOUTH STREET CHERLAI, COCHIN-682 002.
30. P.V.RAJESH, SUB DIVISIONAL ENGINEER (PHONES), BSNL, KANNUR RESIDING AT ANRTHAM, P.O.MELECHOVVA KANNUR-670 003.
31. B.RAJEEV, SUB DIVISIONAL ENGINEER, TELEPHONE EXCHANGE, BSNL, UPHILL MALAPPURAM-676 505, RESIDING AT ROOM NO.C-2 TELEPHONE STAFF QUARTERS, VALLUVAMBRAM.
32. SAJI JOSEPH, SUB DIVISIONAL ENGINEER, TELEPHONE EXCHANGE, PULPALLY, BSNL WAYANAD-673 579, RESIDING AT POOVATHOTTATHIO SISUMALA P.O., PULPALLY, WAYANAD.
33. BEENA N.PANICKER, SUB DIVISIONAL ENGINEER (EXTERNAL-I), CHIRACKAL BUILDING CALICUT-673 011, RESIDING AT MANJUTHARA BEHIND VIPLAVA KALAVEDI, EDAKKADU P.O.
34. JOSE ALIAS, SUB DIVISIONAL ENGINEER (INSTALLATION), BSNL, KANNUR RESIDING AT, MOOZHAYIL HOUSE, SUB JAIL ROAD ALUVA-683 101.
35. K.MURALEEDHARAN, SUB DIVISIONAL ENGINEER(OFS), TELEPHONE EXCHANGE, BSNL KALPETTA-673 131, RESIDING AT AMBADI HOUSE P.O.MAMANTHERI VIA., KUTHUPARAMBA, KANNUR.
36. VARGHESE CHACKO, SUB DIVISIONAL ENGINEER (OT), MANJESHWAR, KASARAGOD RESIDING AT PARAMBATH, HOUSE, NELLAD P.O.
KUNNATHUNADU TALUK, ERNAKULAM.
37. VINU V.PAI, SUB DIVISIONAL ENGINEER (INTERNAL), TELEPHONE EXCHANGE, BSNL CHERTHALA, RESIDING AT SUNDARSHAN WEST OF CHAKKARAKULAM LPS, CHERTHALA-688 524.
38. P.M.BALAN, SUB DIVISIONAL ENGINEER (TRANSMISSION), MANGALAM BUILDINGS, BSNL PALAKKAD-678 001, RESIDING AT FLAT-1 MANALODY APRTMENTS, VENKATESA GARDEN PALLIPPURAM P.O., PALAKKAD.
BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI
RESPONDENT(S):
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1. THE UNION OF INDIA, REP. BY THE SECRETARY, DEPARTMENT OF COMMUNICATIONS AND INFORMATION TECHNOLOGY SANCHAR BHAVAN, ASHOKA ROAD, NEW DELHI-110 001.
2. THE CHAIRMAN AND MANAGING DIRECTOR, BHARATH SANCHAR NIGAM LTD., STATESMAN HOUSE, 148 BARAKHAMBA ROAD, NEW DELHI-110 001.
3. THE CHIEF GENERAL MANAGER TELECOM, BHARATH SANCHAR NIGAM LTD., KERALA CIRCLE KERALA CIRCLE, THIRUVANANTHAPURAM-695 033.
R1& R2 BY SRI.MATHEWS K.PHILIP,SC, BSNL R1 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-1-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.NO. 23562/2009 APPENDIX EXT.P1-TRUE COPY OF THE T.A.
EXT.P2- TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS DATED 29.1.2008.
EXT.P3- TRUE COPY OF THE ORDER OF T.A. 78/2008 DATED 27.3.2009. EXT.P4- TRUE COPY OF THE RELEVANT PAGES OF ORDER DATED 21.4.2011 OF THIS HONOURABLE COURT RENDERED IN W.P.(C) NO. 37322 OF 2010 AND OTHERS. EXT.P5- PHOTOCOPY OF ORDER DATED25.8.2011 OF THE HONOURABLE SUPREME COURT, RENDERED IN SLP NO.22720/2011.
EXT.P6-PHOTOCOPY OF COMMUNICATION NO. 54-14/2009-PETRS(LEGAL) DATED 21.10.2011 OF THE ADDITIONAL GENERAL MANAGER (PERS) TO THE CHIEF GENERAL MANAGER, BSNL, BANGALORE.
RESPONDENT'S EXHIBITS :
EXT.R2(A) : TRUE COPY OF THE REVIEW PETITION FILED BY BHARAT SANCHAR NIGAM LIMITED IN THE HIGH COURT OF KARNATAKA. TRUE COPY P.A. TO JUDGE al.
THOTTATHIL B.RADHAKRISHNAN & C.T. RAVIKUMAR, JJ.
-------------------------------- W.P.(C) No.23562 of 2009 -------------------------------- Dated this the 30th day of January, 2012
JUDGMENT
Thottathil B.Radhakrishnan, J.
The writ petitioners are the applicants before the Tribunal. They were Junior Telecom Officers (JTOs) at the relevant time. They aspired to be considered for promotion as against 25% quota of Sub Divisional Engineers (SDEs) with effect from 1996 and, essentially wanted ante-dating of their promotion to the category of SDE. Their case before the Tribunal was that they were fully qualified with requisite experience, however that, the date of their promotion to the category of SDE against 25% happened to be delayed, because the Department did not hold the competitive examination in time. It appears that all candidates eligible from 1996 to 2001 were subjected to an examination in 2002 and promotions were effected without disturbing their inter se seniority. The applicants contended that pre-dating of their date of entry into the SDE cadre, even if without retrospective financial benefits, will bring them within the source of consideration for conferment of higher
W.P.(C) No.23562 of 2009 2 ACP etc.
2. With the passage of time, we are told that persons similar to the petitioners herein (applicants before the Tribunal) had moved the Bangalore Bench of Central Administrative Tribunal and obtained favourable order. That decision was affirmed by the High Court of Karnataka in Writ Petition Nos.37322 of 2010 and Writ Petition Nos.1576 to 1698 of 2011. Though the department carried Special Leave Petitions against that verdict to the Hon'ble Supreme Court of India, those Special Leave Petitions were dismissed as per Ext.P5. The Department was also directed by the Apex Court to comply with the orders within a period of two months from then. We wonder, what survives. We are told by the learned counsel for BSNL that a review petition has been filed before the Karnataka High Court against the judgment in the aforesaid Writ Petitions. Copy of the Review Petition in Ext.R2(a). It is not within our domain to say anything on that matter.
3. Having noticed that the petitioners before us and the beneficiaries of the order of the Bangalore Bench of the Tribunal in
W.P.(C) No.23562 of 2009 3 O.A.No.181 of 2009 affirmed in Ext.P4 judgment of the High Court of Karnataka are similarly situated, we direct that subject to the result of the Review Petition stated to be pending before the Karnataka High Court, the benefit of the order of the Central Administrative Tribunal in O.A.No.181 of 2009 as affirmed in Ext.P4 judgment of the High Court of Karnataka in Writ Petition No.37322 of 2010 and Writ Petition Nos.1576 to 1698 of 2011, and, against which SLP(C) No.22720 of 2011 stands dismissed by the Hon'ble Supreme Court of India, as noted above, shall be extended to the petitioners herein, who are the applicants in TA No.78 of 2008 of the Central Administrative Tribunal, Ernakulam Bench. All benefits flowing in favour of the petitioners in terms of this direction shall be made available to them within a period of two months from the date of receipt of a copy of this judgment, without fail.
Thottathil B.Radhakrishnan, Judge C.T.Ravikumar, Judge cms