Kerala High Court
Ashok Kumar K.G vs Bharat Sanchar Nigam Limited on 6 February, 2020
Bench: K.Vinod Chandran, V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
OP (CAT).No.99 OF 2019
AGAINST THE ORDER/JUDGMENT IN OA 1056/2012 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 ASHOK KUMAR K.G.,AGED 50 YEARS
S/O.K.P.GOPALA NAIR, JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, SANTHANPARA, IDUKKI DISTRICT - 685
619, RESIDING AT ASHADAM, U.C.COLLEGE P.O.,
KANIYAMKUNNU, EAST KADAUNGALLOOR, ERNAKULAM
DISTRICT, PIN - 683 102.
2 SUBRAMANIAN G., AGED 48 YEARS
S/O.GOPALAN,JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, PALLURUTHY - 682 005, RESIDING AT
H.NO.8/678A, MURUKKINTHARA PARAMBU,
KOOVAPPADAM, MATTANCHERRY P.O., KOCHI,
ERNAKULAM DISTRICT, PIN- 682 002.
3 P.K.ANTONY, AGED 54 YEARS
S/O.P.O.KUNJAVARA (LATE), JUNIOR TELECOM
OFFICER, BHARAT SANCHAR NIGAM LIMITED (BSNL),
TELEPHONE EXCHANGE, KOOVAPPADY, KOOVAPPADY
P.O., ALUVA - 683 544, RESIDING AT PERUMAYAN
HOUSE, KANJOOR P.O. (WEST), VADAKKUMBHAGAM,
ALUVA - 683 575.
4 BINDU C., AGED 48 YEARS
D/O.P.V.CHANDRAN, JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, KALAMASSERY, ERNAKULAM - 683 104,
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
2
RESIDING AT KRISHNA KRIPA HOUSE, DESOM P.O.,
ALUVA, ERNAKULAM DISTRICT, PIN - 683 102.
5 ANTONY K.J., AGED 56 YEARS
S/O.JOSEPH, JUNIOR TELECOM OFFICER, D O T, O/O
SR. D D G, KERALA L S, GANDHI NAGAR, ERNAKULAM
- 682 020, RESIDING AT KATTIKATT HOUSE,
MARUVAKKADU, CHELLANAM P.O., ERNAKULAM
DISTRICT, PIN - 682 008.
6 JOHNEY B.A., AGED 53 YEARS
S/O.B.V.ANTONY, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), TRAMISSION,
TELEPHONE EXCHANGE, ANGAMALY, ERNAKULAM - 683
572, RESIDING AT BHARANIKULANGARA HOUSE,
KARIPPASSERRY, VATTAPPRAMBU P.O., ERNAKULAM
DISTRICT, PIN - 683 579.
7 AYYAPPAN A., AGED 50 YEARS
S/O.ADACKAPPAN S., JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXGE, VANDIPERIYAR, IDUKKI - 685 533, RESIDING
AT SREE VILAS, NEAR MONT FORT SCHOOL, ANANNKARA
P.O., IDUKKI - 685 512.
8 ANTONY C.G., AGED 51 YEARS
S/O.C.V.VARKEY, JUNIOR TELECOM OFFICER, CSC,
KALADY, ERNAKULAM - 683 574, RESIDING AT
CHIRAKKAL HOUSE, PULLUVAZHY P.O, PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN- 683 541.
9 DAVIS PAUL, AGED 56 YEARS
S/O.POULOSE C.V., JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, KUMILY, IDUKKI - 685 509, RESIDING AT
CHAKKUNGAL HOUSE, MEKKAD P.O., KARIYAD,
ERNAKULAM DISTRICT, PIN 683 589.
10 POULOSE C.V.,AGED 54 YEARS
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
3
S/O.VARGHESE P.P., JUNIOR TELECOM OFFICER
(INTL), BHART SANCHAR NIGAM LIMITED (BSNL),
TELEPHONE EXCHANGE, PERUMBAVOOR, ERNAKULAM -
683 542, RESIDING AT CHIRAPPARAMBAN HOUSE,
ERNAKULAM DISTRICT, PIN- 683 544.
11 SUSEELA T.V., AGED 58 YEARS
W/O.GOPINATHAN N.V., JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, KODANNUR, THRISSUR - 680 563,
RESIDING AT SREEPADAM, EDAKKUNNI TEMPLE EAST
NADA, OLLUR, THRISSUR - 680 306.
12 TESSY FRANCIS, AGED 56 YEARS
D/O.FRANCIS P.V., JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, PUVATHUR PAVARATTY P.O., THRISSUR -
680 507, RESIDING AT PEACE VILLA, PALLIKUNNATH
HOUSE, KANJANI P.O., THRISSUR - 680 612.
13 SHAJU V.T., AGED 50 YEARS
S/O.V.L.THOMAS (LATE), JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), OFFICE OF
THE SUB DIVISIONAL ENGINEER, O F INSTALLATION,
THRISSUR - 680 001, RESIDING AT VALLUPARA
HOUSE, KALLOOR P.O., THRISSUR DISTRICT, PIN-
680 317.
14 RAJU M.B., AGED 50 YEARS
S/O.M.K.BALAN, JUNIOR TELECOM OFFICER (GROUPS),
BHARAT SANCHAR NIGAM LIMITED (BSNL), O/O S D E,
MAKKARAPARABU, MALAPPURAM - 676 507, RESIDING
AT MUNDAKKAL HOUSE, MANNAMPETTU, VARAKKARA
P.O., THRISSUR DISTRICT, PIN - 680 302.
15 AJITHAN K.R., AGED 57 YEARS
S/O.RAMAKRISHNAN K.K., JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, IRINJALAKUDA, THRISSUR - 680 121,
RESIDING AT KANIYATH HOUSE, PANANGAD P.O.,
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
4
THRISSUR DISTRICT, PIN - 680 665.
16 DAISY P.F., AGED 48 YEARS
D/O.ANTONY, JUNIOR TELECOM OFFICER (GROUPS),
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE (NTL), NILAMBUR - 679 329, RESIDING AT
KANJIRATHINGAL HOUSE, VANDORE, ALAGAPPA NAGAR
P.O., THRISSUR DISTRICT, PIN - 680 302.
17 MICHAEL P.K., AGED 49 YEARS
S/O.MATHEW P.T., JUNIOR TELECOM OFFIER
(GROUPS), BHARAT SANCHAR NIGAM LIMITED (BSNL),
TELEPHONE EXCHANGE, MANGALAM, MALAPPURAM - 676
561, RESIDING AT PUTHOOR HOUSE, ANEDATH ROAD,
PAVARATTY, THRISSUR DISTRICT, PIN - 680 507.
18 RAYMON C.P., AGED 56 YEARS
S/O.PYLOTH C.A., JUNIOR TELECOM OFFIER
(GROUPS), BHARAT SANCHAR NIGAM LIMITED (BSNL),
TELEPHONE EXCHANGE, PARAPPANANGADI, MALAPPURAM,
RESIDING AT KANJIRTHINGAL HOUSE, VANDORE,
ALAGAPPA NAGAR P.O., THRISSUR DISTRICT, PIN -
680 301.
19 MURALIDHARAN A., AGED 51 YEARS
S/O.KUMARAN NAIR K.K., JUNIOR TELECOM OFFIER
(INTL), BHARAT SANCHAR NIGAM LIMITED (BSNL),
TELEPHONE EXCHANGE, KUNNAMKULAM, THRISSUR
DISTRICT, PIN - 680 503, RESIDING AT DOOR
NO.17/518, ATTUR HOUSE, KANIPPAYYUR P.O.,
THRISSUR DISTRICT, PIN - 680 517.
20 ANIL KUMAR P., AGED 49 YEARS
S/O.C.P.APPUKKUTTA MENON, JUNIOR TELECOM
OFFICER (BSS), BHARAT SANCHAR NIGAM LIMITED
(BSNL), MICROWAVE STATION BUILDING, MISSION
QUARTERS, THRISSUR - 680 001, RESIDING AT
PULINGAYIL HOUSE, CLINT LANE, KANIMANGALAM
P.O., THRISSUR DISTRICT, PIN- 680 027.
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
5
21 JESSON K.A., AGED 48 YEARS
S/O.C.P.ANTONY K.L., JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, MOORKANAD,THRISSUR - 680 711,
RESIDING AT KANNAMPUZHA HOUSE, CHEMMANADA,
KARALAM P.O., THRISSUR DISTRICT, PIN - 680 711.
22 JYOTHIPRASADN P.K., AGED 57 YEARS
S/O.KOMBAYI, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), OLAVAKKODE,
PALAKKAD - 678 002, RESIDING AT THEKKEKALAM,
PORIYANI, MUNDUR, PALAKKAD DISTRICT,
PIN- 678 002.
23 SEBI LOUIS M., AGED 49 YEARS
S/O.M.T.LOUIS, JUNIOR TELECOM OFFICER (GROUPS),
BHARAT SANCHAR NIGAM LIMITED (BSNL0, CHANDRA
NAGAR, PALAKKAD - 678 007, RESIDING AT 16/219,
NEHRU COLONY, KUNNATHURMEDU, PALAKKAD DISTRICT,
PIN- 678 013.
24 SHYLAJA T., AGED 49 YEARS
D/O.NARAYANKUTTY NAIR, JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, KALPATHY, PALAKKAD - 678 004,
RESIDING AT BHAVANA, THARAVATHAPADI, PIRAYIRI,
PALAKKAD DISTRICT, PIN- 678 004.
25 USHA K.V., AGED 56 YEARS
D/O.VELAYUDHAN, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), CAF SECTION, CTO
BUILDING, PALAKKAD - 678 001, RESIDING AT
USHAS, KAIRALI GRAMAM - 4, YAKKARA P.O.,
PALAKKAD DISTRICT, PIN - 678 004.
26 RACHEL K.E., AGED 49 YEARS
D/O.THOMAS MATHEW, JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, EDAKOCHI, ERNAKULAM - 682 006,
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
6
RESIDING AT DOOR NO.5B, TIKNAR PETALS, JAWAHAR
NAGAR, KADAVANTHRA, ERNAKULAM DISTRICT, PIN -
682 020.
27 BETTY VARGHESE, AGED 48 YEARS
D/O.T.J.VARKEY, JUNIOR TELECOM OFFICER
(GROUPS), BHARAT SANCHAR NIGAM LIMITED (BSNL),
TELEPHONE EXCHANGE, KURAVILANGAD, KOTTAYAM,
RESIDING AT PONNARAMATTATHIL HOUSE,
MARANGATTUPALLY, KOTTAYAM DISTRICT,
PIN- 686 635.
BY ADVS.
SRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
SRI.T.A.SHAJI (SR.)
RESPONDENTS:
1 BHARAT SANCHAR NIGAM LIMITED,
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, NEW DELHI - 110 001.
2 THE CHIEF GENERAL MANAGER,
BHARAT SANCHAR NIGAM LIMITED, TRIVANDRUM - 695
033.
R1-2 BY ADV. SRI.K.JAJU BABU (SR.)
R1-2 BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA)
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 30.01.2020,
ALONG WITH OP (CAT).118/2019, OP (CAT).24/2020, THE COURT
ON 06-02-2020 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
OP (CAT).No.118 OF 2019
AGAINST THE ORDER/JUDGMENT IN OA 1061/2012 DATED 26-05-2017
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONERS:
1 ISMAIL.E.I, AGED 59 YEARS
S/O.IBRAHIM.E.A., JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, THRIKKAKARA, ERNAKULAM DISTRICT-
682030, RESIDING AT EDANAKACHALI HOUSE,
VKC.P.O, THEVAKKAL, ERNAKULAM DISTRICT, PIN-
682021.
2 KURIAKOSE.K.P. AGED 55 YEARS
S/O.K.V POULOSE, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), MOBILE SERVICES,
BSS, ALUVA-683101, RESIDING AT KOCHU KUDY
HOUSE, KURUPPAMPADY.P.O, PERUMBAVOOR, ERNAKULAM
DISTRICT, PIN-683545.
3 ABDUL BASHEER T. AGED 58 YEARS
S/O.ALIKUTY T (LATE) JUNIOR TELECOM
OFFICER(UDAAN), BHARAT SANCHAR NIGAM LIMITED
(BSNL), OFFICE OF GMT, MALAPPURAM-676505,
RESIDING AT THOTTATHIL HOUSE, TELEPHONE
EXCHANGE ROAD, PARAPPANAGADI PO, MALAPPURAM
DISTRICT, PIN-676303.
4 SHAJIMON.T.K. AGED 52 YEARS
S/O.MOHAMMED TK(LATE), JUNIOR TELECOM
OFFICER(MARKETING), BHARAT SANCHAR NIGAM
LIMITED (BSNL), MARKETING SECTION, CSC
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
8
BUILDING, TIRUR, MALAPPURAM-676101, RESIDING AT
SHANILAS HOUSE, POOKAYIL.P.O, TIRUR, MALAPPURAM
DISTRICT, PIN-676107.
5 MAMMADISA KUTTY M K, AGED 58 YEARS
S/O.MOHAMMED MP, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL) CHENGARA,
MAPPURAM-673639, RESIDING AT PANNIKUZHIYIL
HOUSE, OMANOOR.P.O, MALAPPURAM DISTRICT, PIN-
673645.
6 BALAKRISHNAN MP, AGED 53 YEARS
S/O.P K KELU(LATE), JUNIOR TELECOM OFFICER
(BSS), BHARAT SANCHAR NIGAM LIMITED (BSNL),
MOBILE SERVICES, THALASSERY, KANNUR-670101,
RESIDING AT MEETHALE PERUVANKANDIYIL(SRIYA)
KARIYAD SOUTH.P.O, KANNUR DISTRICT, PIN-673316.
7 BALAN M.K, AGED 54 YEARS
S/O.KUNHAMAN, JUNIOR TELECOM OFFICER(GROUPS),
BHARAT SANCHAR NIGAM LIMITED (BSNL),
PERINGATHUR, PERINGATHUR PO, KANNUR-670675,
RESIDING AT M K HOUSE, PMC 23/365, KARIYAD
SOUTH.P.O, THALASSERY, KANNUR DISTRICT, PIN-
673316.
8 JOLLY JOSEPH, AGED 51 YEARS
W/O.GEORGE C M, JUNIOR TELECOM OFFICER, CSC,
SREEKANDAPURAM, KANNUR-670631, RESIDING AT
CHENNATTU HOUSE, PAYYAVOOR.P.O, KANNUR
DISTRICT, PIN-670633.
9 A.V.KRISHNAN, AGED 54 YEARS
S/O.APPU P.V., JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, NEELESWARAM, KASARAGOD -671314,
RESIDING AT HARITHAM, PEROLE VILLAGE, KASARAGOD
DISTRICT, PIN-671314.
10 RAJEEVAN K, AGED 55 YEARS
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
9
S/O.KRISHNAN K, JUNIOR TELECOM OFFICER(INTL),
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
BHAVAN, KANNUR-670002, RESIDING AT SREE VIHAR,
CHEKYATTU KAVU, MAYYIL.P.O, KANNUR DISTRICT,
PIN-670602
11 SUDHEER KUMAR AP, AGED 51 YEARS
S/O.ANANDHA PODUVAL.K.V, JUNIOR TELECOM
OFFICER, BHARAT SANCHAR NIGAM LIMITED (BSNL),
TELEPHONE EXCHANGE, KARIVELLUR, KANNUR-670521,
RESIDING AT ANAND NIVAS, NEAR OLD BUS STAND,
KANNUR DISTRICT, PIN-670307
12 THAMBAN.M.V., AGED 56 YEARS
S/O.T.V.RAMAN(LATE), JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, MATHIL, MATHI.P.O, KANNUR-670308,
RESIDING AT MANAKKATT HOUSE, KARIVELLUR.P.O,
KANNUR DISTRICT, PIN-670521.
13 VINOD B, AGED 50 YEARS
S/O.V BALAKRISHNAN NAYANAR, JUNIOR TELECOM
OFFICER (GROUPS), BHARAT SANCHAR NIGAM LIMITED
(BSNL), TELEPHONE EXCHANGE, KALANAD, KALANAD
PO, KASARAGOD-671317, RESIDING AT BATTAMPARA,
RD NAGAR PO, KASARAGOD DISTRICT, PIN-671124.
14 PRABHAKARAN NAMBIAR M,AGED 52 YEARS
S/O.A KUNHAMBU NAIR, JUNIOR TELECOM
OFFICER(BSS), BHARAT SANCHAR NIGAM LIMITED
(BSNL), TELEPHONE BHAVAN, KASARAGOD -671121,
RESIDING AT KAILASAPURAM HOUSE, UDAYAGIRI,
VIDYA NAGAR.P.O, KASARAGOD DISTRICT, PIN-
671123.
15 BABU M, AGED 48 YEARS
S/O.P.V.KANNAN NAMBIAR, JUNIOR TELECOM
OFFICER(GROUPS), BHARAT SANCHAR NIGAM LIMITED
(BSNL), TELEPHONE EXCHANGE, RAMANTHALI,
RAMANTHALI PO, PAYYANNUR, KANNUR-670308,
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
10
RESIDING AT MAVILA HOUSE, NEAR GHSS VELLUR,
VELLUR PO, VIA PAYYANNUR, KANNUR DISTRICT, PIN-
670307.
16 BABU RAJ V V, AGED 50 YEARS
D/O.ANTONY, JUNIOR TELECOM OFFICER(OUTDOOR),
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
BHAVAN, KASARAGOD-671121, RESIDING AT
HARIPRASADAM, AMMANGOD, BOVIKKANAM,
MULIYAR.P.O, KASARAGOD DISTRICT, PIN-671542.
17 DINESAN K K, AGED 48 YEARS
S/O.A BALAKRISHNAN, JUNIOR TELECOM
OFFICER(GROUPS), BHARAT SANCHAR NIGAM LIMITED
(BSNL), TELEPHONE EXCHANGE, EACHUR, KANNUR-
670592, RESIDING AT TELECOM STAFF QUARTERS,
KAKKAD ROAD, KANNUR DISTRICT, PIN-670002
18 JAGADEESA PRABHU N, AGED 50 YEARS
S/O.MOHAN PRABHU N(LATE),JUNIOR TELECOM
OFFICER(BSS), BHARAT SANCHAR NIGAM LIMITED
(BSNL), OLD CO AXIAL BUILDING, OPPOSITE
VINAYAKA THEATRE, KANHANGADU.P.O, KASARAGOD
-671315, RESIDING AT SWARNA GOWRI, NEAR SS
KALAMANDIR, NILESHWAR.P.O, KASARAGOD DISTRICT,
PIN-671314.
19 JOJO SKARIA, AGED 50 YEARS
S/O.K O SKARIA, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, PAYYAVOOR, PAYYAVOOR PO, KANNUR-
670633, RESIDING AT KORATTI PARAMBIL HOUSE,
PAYASAKARI.P.O, KANNUR IDSTRICT, PIN-670633.
20 MADHUSUDANA BHAT T, AGED 52 YEARS
S/O.NARAYANA BHAT T, JUNIOR TELECOM OFFICER,
(BSS), BHARAT SANCHAR NIGAM LIMITED (BSNL),
TELEPHONE BHAVAN, KASARAGOD-671121, RESIDING AT
DEVIKRIPA, KURUMUJJI, MOVVAR PO, VIA MULLERIA,
KASARAGOD DISTRICT, PIN-671543.
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
11
21 MOHAN KUMAR K M, AGED 55 YEARS
S/O.K.M PARAMESWARAM NAMBISAN, JUNIOR TELECOM
OFFICER(GROUPS), BHARAT SANCHAR NIGAM LIMITED
(BSNL), TELEPHONE EXCHANGE, KUNHIMANGALAM,
KUNHIMANGALAM PO, KANNUR-670309, RESIDING AT
THIRUVONAM, KOVVAL, CHRUTHAZHAM, MANDUR.P.O,
KANNUR DISTRICT, PIN-670501.
22 MOHANAN PANKAN,AGED 52 YEARS
S/O.SANKARAN P, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, MAMBARAM, KANNUR-670741, RESIDING AT
VRINDAVANAM, PANONNERI, KADACHIRA PO, KANNUR
DISTRICT, PIN-670621.
23 MOHANAN E, AGED 57 YEARS
S/O.BALAN E, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, MANGATTUPARAMBA, KANNUR-670567,
RESIDING AT MOHANAM, THALIVAYAL,
KALLIASSERRY.P.O, KANNUR DISTRICT, PIN-670562.
24 NARAYANAN KM, AGED 49 YEARS
S/O.C H GOPALAN NAMBIAR(LATE), JUNIOR TELECOM
OFFICER9INTERNAL), BHARAT SANCHAR NIGAM LIMITED
(BSNL), TELEPHONE, EXCHANGE, IRITTY, IRITTY PO,
KANNUR-670567, RESIDING AT NANDANAM, 34, PUNNAD
PO, KANNUR DISTRICT, PIN-670703
25 RADHAMANI P P, AGED 48 YEARS
D/O.PRABHAKARAN E, JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, PAYANGAD, PAYANGADI R S, KANNUR-
670567, RESIDING AT AAVANI, VENGARA, VENGARA
PO, KANNUR DISTRICT,PIN-670305.
26 RAJEEVAN P, AGED 53 YEARS
S/O. GOVINDAN KV (LATE), JUNIOR TELECOM
OFFICER(INTERNAL), BHARAT SANCHAR NIGAM LIMITED
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
12
(BSNL), OCB EXCHANGE, TELEPHONE BHAVAN, MG
ROAD, THALASSERY-670101, RESIDING AT THOTTATHIL
HOUSE, ALINKEEZHIL, NARATH PO, KANNUR DISTRICT,
PIN-670601
27 SABU JOHN, AGED 49 YEARS
S/O.JOHN, JUNIOR TELECOM OFFICER(GROUPS),
BHARAT SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, ALAKODE, KANNUR-670571, RESIDING AT
MUNDACKATHARAPPEL HOUSE, VELLAD PO, ALAKODE,
KANNUR DISTRICT, PIN-670571.
28 SATHEESAN K, AGED 50 YEARS
S/O.KUNHAMBU PODUVAL T, JUNIOR TELECOM OFFICER,
BHARAT SANCHAR NIGAM LIMITED (BSNL),
TRANSMISSION INSTALLATION AND MAINTENANCE,
PAYYANUR, KANNUR-670307, RESIDING AT VAISHAKAM,
NEAR KUPPIPALAM, KARIVELLUR PO, KANNUR
DISTRICT, PIN-670521.
29 SATHEESH BABU VELLOTH,AGED 51 YEARS
S/O.ANANDAN P, JUNIOR TELECOM OFFICER, BHARAT
SANCHAR NIGAM LIMITED (BSNL), TELEPHONE
EXCHANGE, KODIYERI, PARAL PO, KANNUR-670671,
RESIDING AT KARAKKANDATHIL HOUSE, AMBILAD,
MANGATTIDAM PO, KANNUR DISTRICT, PIN-670643.
30 SREEJITH C.V, AGED 48 YEARS
S/O.C P. KRISHNAN(LATE), JUNIOR TELECOM
OFFICER(IT), BHARAT SANCHAR NIGAM LIMITED
(BSNL), O/O.DE INSTALLATION AND IT, COMPUTER
CELL, TELEPHONE BHAVAN, KANNUR-670001, RESIDING
AT SAIKIRAN, KURUVA, KADALAYI.P.O, KANNUR
DISTRICT, PIN-670003.
31 SURESAN TV, AGED 51 YEARS
S/O.JOHN, JUNIOR TELECOM OFFICER(GROUPS),
BHARAT SANCHAR NIGAM LIMITED (BSNL),
TRANSMISSION INSTALLATION AND MAINTENANCE,
PAYYANNUR, KANNUR-670307, RESIDING AT
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
13
VALIYAPARAMBA, KODAKKAT PO, VIA TRIKARPUR,
KASARAGOD DISTRICT, PIN-671310.
32 VINOD KUMAR M, AGED 49 YEARS
S/O.M KUNHIRAMAN NAMBIAR, JUNIOR TELECOM
OFFICER(COMMERCIAL), BHARAT SANCHAR NIGAM
LIMITED (BSNL), TELEPHONE EXCHANGE, MATTANNUR
PO, KANNUR-670702, RESIDING AT VIJAYANIVAS,
PAYANCHERY MUCK, IRITTY PO, KANNUR DISTRICT,
PIN-670703.
33 BIJU P.K., AGED 47 YEARS
S/O.KARUNAKARAN NAIR(LATE) JUNIOR TELECOM
OFFICER (NQM), BHARAT SANCHAR NIGAM LIMITED
(BSNL), O/O SDE NQM, MOBILE SERVICES, TELEPHONE
BHAVAN, KANNUR-670001, RESIDING AT BSNL STAFF
QUARTERS, NO.5, ILAYAVOOR, CHOVVA PO, KANNUR
DISTRICT, PIN-670006.
34 RAMACHANDRAN P P, AGED 55 YEARS
S/O.VELYUDHAN P P, JUNIOR TELECOM
OFFICER(GROUPS), BHARAT SANCHAR NIGAM LIMITED
(BSNL), TELEPHONE EXCHANGE, KOLOLAM, KANNUR
-670595, RESIDING AT RAM VILLA, MOOLAKKARAI,
KOODALI PO, KANNUR DISTRICT, PIN-670592.
BY ADVS.
SRI.T.C.GOVINDASWAMY
SMT.KALA T.GOPI
RESPONDENTS:
1 BHARAT SANCHAR NIGAM LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, NEW DELHI-110001
2 THE CHIEF GENERAL MANAGER
BHARAT SANCHAR NIGAM LIMITED, TRIVANDRUM-695033
R1-2 BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA)
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
14
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 30-01-2020,
ALONG WITH OP (CAT).99/2019, OP (CAT).24/2020, THE COURT ON
06-02-2020 DELIVERED THE FOLLOWING:
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
15
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 06TH DAY OF FEBRUARY 2020 / 17TH MAGHA, 1947
OP (CAT).No.24 OF 2020
AGAINST THE ORDER/JUDGMENT IN OA 1061/2012 DATED 26-05-2017
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
1 RANJITH A.K, AGED 51 YEARS
S/O. BHARATHAN, JTO(O), O/O OF SDE, MOBILE
SERVICES, TELEPHONE BHAVAN, THALASSERY,
RESIDING AT POOMUTTAM, P.O PALAYAD, VIA
TELLICHERRY, KANNUR 670 661.
2 SURESH BABU K, AGED 53 YEARS
S/O. BALAN K (LATE), TELPHONE EXCHANGE,
PALLIKUNNU, KANNUR 670 004, RESIDING AT
KASTHURI HOUSE, KANNADIPARAMBA (PO),
KANNUR 670 604.
3 SANNI MATHEW, AGED 56 YEARS
D/O. K.V MATHEW, JTO(EXTI) KANHANGAD, RESIDING
AT KANJAMALA HOUSE, KALLANCHIRA, KANHANGAD, P.O
PIN 671 315
4 JOSE JOSEPH, AGED 52 YEARS
S/O. JOSEPH V.J, JUNIOR TELECOM OFFICER,
TELEPHONE EXCHANGE, CHAPPARAPADAV, PIN 670 581,
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
16
RESIDING AT VEENAPLACKAL HOUSE, KARUVANCHAL
P.O, KANNUR, PIN 670 571.
5 CINIMOL T. THOMAS, AGED 49 YEARS
S/O. THOMAS, JTO, TELEPHONE EXCHANGE, BSNL,
THERTHALLY-ALACODE, 670 571, RESIDING AT
CHAVANALIL, RAYAROME (PO), ALACODE 670 571
6 THOMAS C.M, AGED 49 YEARS
S/O. C.M MANI, JTO(G), ARANGAM BSNL, KANNUR
SSA, RESIDING AT CHAVANALIL (H), RAYAROM P.O,
ALAKODE VIA, KANNUR 670 571.
7 VINAYA KUMAR A, AGED 49 YEARS
S/O. K. KRISHNAN NAIR, JUNIOR TELECOME OFFICER,
BSNL, TRANSMISSION (I AND M), KANHANGAD,
RESIDING AT MANKAI , P.O PERIYANGANAM, (VIA)
NILESWAR, KASARGOD, 671 314
8 RADHAKRISHNAN P, AGED 51 YEARS
S/O. K.P KRISHNAN, O/O AGM MOBILE, BSNL BHAVAN,
KANNUR, RESIDING AT PAYYARATTH HOUSE,
KALLIASSERI SOUTH P.O, ANCHAM PEEDIKA, KANNUR
670 331
9 K.C BIJU, AGED 48 YEARS
S/O. CHEKOOTTY K, JTO (BSS), MOBILE SERVICES,
KOZHIKODE, VELLAYIL, TELEPHONE BHAVAN, 673 032,
RESIDING AT SAROJAM, (PO)NANMINDA, NANMINDA,
KOZHIKODE 673 613
10 SUDHEEVAN E, AGED 59 YEARS
S/O. (LATE) SANKARAN E, JTO (O), TELEPHNE
EXCHANGE, VILLIAPPALLY, VADAKARA, RESIDING AT
VYSAKH NIVAS, PUTHUR (PO), VADAKARA, (DIST)
CALICUT 673 104
11 MOHAMED ABDURAHIMAN N, AGED 50 YEARS
S/O. MOHAMED, J.T.O, TELEPHONE EXCHANGE, 4/127,
AREACODE, MALAPPURAM, PIN 673 639
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
17
12 HAMZA M, AGED 57 YEARS
S/O. MOIDEEN, JUNIOR TELECOM OFFICER, TELEPHONE
EXCHANGE, ANGADIPPURAM, RESIDING AT MAMBRA,
PM/12/402, KUNNAPPALLY, MALAPPURAM, PIN 679 322
13 C. MOHANDAS, AGED 57 YEARS
S/O. C. CHANDU, JTO, WLL MSC, C/O. CCB
TELEPHONE EXCHANGE, MANJEERI 676 121, RESIDING
AT MATHODI HOUSE, 89/XXVIII, BY PASS ROAD,
KOVILAKAMKUNDU, MANJERI, MALAPPURAM, PIN 676
121.
14 DASAN P.P, AGED 48 YEARS
S/O. VELAYUDHAN P.P, JTO (OFTG), O/O
SUBDIVISIONAL ENGINEER INSTALLATION, TIRUR,
RESIDING AT PADINHARE PURAKKAL, 1-121 A,
CHULLIPPARA, MALAPPURAM, PIN 676 508
15 K. VENUGOPALAN, AGED 56 YEARS
S/O. K. SANKARAN, JTO BROADBAND, O/O THE SDE
(BB) OCB TELE EXCHANGE, MANJERI 676 121,
RESIDING AT AREEKAT HOUSE, 34/412,
SANTHIGRAMAM, MANJERI, MALAPPURAM, PIN 676 121
16 KUNHALAN E, AGED 57 YEARS
S/O. KUNHALI E, JTO, OCB EXCHANGE, MANJERI
RESIDING AT EALAMKULAVAN HOUSE, 332,
CHATHANGOTTUPURAM P.O, MALAPPURAM, PIN 679 328
17 SOMAN C.V, AGED 59 YEARS
S/O. NARAYANAN ADIGAL C.P, O/O DE TRANSMISSION,
BSNL, MALAPPURAM, RESIDING AT SREELAKSHMI,
NARUKARA, MANJERI, MALAPPURAM.
18 ANWAR BABU M.K, AGED 52 YEARS
S/O. M.S KOCHUNNY, O/O SDE OCP/ MARKETING, BSNL
BHAVAN, EKM SOUTH, ERNAKULAM 682 016, RESIDIING
AT MADATHIPARAMBIL, 33/3071 A, PAYYATTIL ROAD,
VENNALA, PIN 682 028
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
18
19 PHILOMINA VARGHESE, AGED 53 YEARS
D/O. VARGHESE, JTO(O), TELEPHONE EXCHANGE,
VANDIPERIYAR, PERRUMEDU, RESIDING AT
POTTAMPUZHA HOUSE, OLD MC ROAD, MUVATTUPUZHA.
20 REMA K.P, AGED 58 YEARS
D/O. K.P PONKAN, JTO(O), TELEPHONE EXCHANGE,
BSNL, THODUPUZHA, RESIDING AT VELLAPPILLIL
HOUSE, RANDAR P.O, MUVATTUPUZHA
21 SAMUEL ISSAC, AGED 56 YEARS
S/O. E.J ISAAC, JTO SLES, O/O AGM SALES, BSNL
BHAVAN, BSNL, ERNAKULAM 682 016, RESIDING AT
EDAPPILIMATTOM (H), LANE NO. 30, JANATHA ROAD,
VYTTILA, KOCHI 19
22 ABEY JACOB, AGED 52 YEARS
S/O. C.C JACOB, JUNIOR TELECOM OFFICER, (NQM),
C/O. SDE (NQM) BSNL MOBILE, 4TH FLOOR,
TELEPHONE BHAVAN, THIRUVALLA, RESIDING AT
CHERUPUZHETHU HOUSE, PULLAD P.O, THIRUVALLA.
23 N.P SOBHANA, AGED 58 YEARS
D/O. K.N PURUSHOTHAMAN, J.T.O (MDE) TELEPHONE
EXGE, PATHANAMTHITTA, RESIDING AT THEVEWL,
AZHOOR, PATHANAMTHITTA.
24 HARIKUMARAN NAIR A, AGED 49 YEARS
S/O. K.K MADHAVAN NAIR, JUNIOR TELECOM OFFICER
(OUTDOOR) EZHAMKULAM , ADOOR DIVISION,
PATHANAMTHITTA S.S.A, RESIDING AT MADHAVAM,
ARUKALICKAL (WEST) ADOOR P.O, PATHANAMTHITTA
(DT), PIN 691 523.
25 UMESH KUMAR A.M, AGED 51 YEARS
S/O. A.K MURALEEDHARA KURUP, JUNIOR TELECOM
OFFICER, TRANSMISSION, O/O DE TXMD, THIRUVALLA,
RESIDING AT UMESH NIVAS, VENPALA P.O,
THIRUVALLA
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
19
26 MATHEWS P. THOMAS, AGED 57 YEARS
S/O. P.M THOMAS, J T O PHONES (EXTNL)
VADASSERIKARA, PATHANAMTHITTA S S A, RESIDING
AT PALACKATHARAYIL HOUSE, VADASSERIKARA,
PATHANAMTHITTA DIST, KERALA, PIN 689 662
27 GEORGE C.J, AGED 55 YEARS
S/O. JOSEPH C.C, JUNIOR TELECOM OFFICER, TEL.
WGE, AYYAMPUZHA, ERNAKULAM DT. PIN 683521,
RESIDING AT CHENNAKADAN HOUSE, KSEB SUB STN.
ROAD, MEKKAD P.O, EKM DT PIN 683589
28 RAJAMOHAN R, AGED 48 YEARS
S/O. K. RADHAKRISHNAN, JTO GROUPS, TELEPHONE
EXCHANGE, ARYANKAVU, PUNALUR SUB DIVN. KOLLAM,
RESIDING AT AMBADI, XI/198, KOTTAVATTOM P.O,
KOLLAM, PIN 691 322
29 M.K SUDHAKARAN, AGED 52 YEARS
S/O. P. KRISHNAN ACHARY, J.T.O, TELEPHONE
EXCHANGE, KARAVALOOR P.O, PUNALUR, KOLLAM (DT)
PIN 691 333
RESIDING AT MEENU BHAVAN, KIZHAKKETHERUVU P.O,
KOTTARAKARA, KOLLAM (DT), PIN 691 542
30 N. RAJEEV, AGED 58 YEARS
S/O. K. NARAYANAKURUP, JTO, TELEPHONE EXCHANGE,
KUNNICODE, KOLLAM (DIST), PIN 691 508
31 R. RAJAM, AGED 51 YEARS
W/O. SUBHASH R PILLAR, JTO (GROUPS), KOKKADU
TELEPHONE EXCHANGE, KOTTARAKKARA, KOLLAM,
RESIDING AT CHITHRAM, VILLOOR, VETTIKAVALA P.O,
KOLLAM 691 538
32 R. RISHIKESAN, AGED 59 YEARS
S/O. RAGHAVAN NAIR, J.T.O (INTERNAL) TELEPHONE
EXCHANGE, PATHANAPURAM, KOLLAM (DT.) RESIDING
AT KEEXHALLOOR HOUSE, ARUKALIKAL (WEST), VAYALA
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
20
(PO), PARAKKODU, PATHANAMTHITTA, PIN 691 554.
33 S. SUSEELAN PILLAI, AGED 50 YEARS, S/O. R.
SADASIVAN UNNITHAN, JTO (BSS), MOBILE SERVICES,
BSNL, TEL. EXCHANGE, KOTTARAKARA, RESIDING AT
GANESAM,PANAVELI P.O, KOTTARAKARA, KOLLAM, PIN
691 544
34 BENNY MATHEW, AGED 63 YEARS
S/O. T.M MATHEW, JTO (INTL) (RETD) TELEPHONE
EXCHANGE, KARIMANNOOR, THODUPUZHA, RESIDING AT
THOTTUPATTU(H), KODIKULAM P.O, THODUPUZHA.
35 SARASWATHY AMMA L, AGED 58 YEARS
W/O. MOHANACHANDRAN S, JTO (EXTL.) O/O SDE
(EXTI) BSNL, OCHIRA RESIDING AT SREELAYAM,
PADA-NORTH, KARUNAGAPPALLY P.O, KOLLAM, PIN 690
518
36 SANJEEV M.R, AGED 57 YEARS
S/O. N. RAMACHANDRAKURUP, JTO (EXTL.) TELEPHONE
EXGE, KOTTARAKARA, RESIDING AT SOUPARNIKA, M/P
604, PAGE 14/44 CENTRAL ADMINISTRATIVE TRIBUNAL
(OA) ORIGINAL APPL./1061/2012 JUDGMENT
PALLICKAL P.O, KOTTARAKARA, KOLLAM, PIN 691
566.
37 AJAYAKUMAR N, AGED 59 YEARS
S/O. K. NANU, JTO (EXTL), SASTAMCOTTA, O/O SDE
(ESTL.) SASTAMCOTTA, RESIDING AT KALIKA, PADA-
NORTH, KARUNAGAPPALLY P.O, KOLLAM, PIN 690 518
38 SAIMY C.S, AGED 50 YEARS
D/O. SKARIA C.A, JTO (INTT AND CSC)), TELEPHONE
EXCHANGE, KOLENCHERY, RESIDING AT ERAMBIL
HOUSE, MANUD P.O, PIRAVOM VIA, ERNAKULAM.
BY ADVS.
SRI.T.C.GOVINDA SWAMY
SMT.KALA T.GOPI
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
21
SRI.B.NAMADEVA PRABHU
RESPONDENTS:
1 BHARAT SANCHAR NIGAM LIMITED
REPRESENTED BY ITS CHAIRMAN AND MANAGING
DIRECTOR, NEW DELHI 110 001
2 THE CHIEF GENERAL MANAGER,
BHARAT SANCHAR NIGAM LIMITED, TRIVANDRUM 695
033
R1-2 BY ADV. SRI.K.JAJU BABU (SR.)
R1-2 BY ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA)
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 30-01-2020,
ALONG WITH OP (CAT).99/2019, OP (CAT).118/2019, THE COURT
ON 06-02-2020 DELIVERED THE FOLLOWING:
O.P(CAT) Nos.99/2019, 118/2019 &
24 of 2020
22
JUDGMENT
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 Dated this the 06th day of February, 2020 Vinod Chandran, J.
The petitioners are Junior Telecom Officers (for short JTOs) with the Bharat Sanchar Nigam Limited (for short BSNL) who challenge Ext.P11 and P13 orders as produced in O.A No.1056/2012, from which arises O.P(CAT) No.99/2019. The essential contention advanced is that the benefit accrued to the petitioners by an order of the Tribunal; in an O.A filed by them challenging fixation of pay when they were officiating in the post of JTOs, as affirmed in Ext.P14 judgment of this Court, has been interfered with in the impugned orders.
2. We have heard Sri.T.A Shaji Senior Counsel and Sri.T.C Govindaswami appearing for the O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 23 petitioners and Senior Counsel Sri.Jaju Babu, instructed by Sri George Kuruvilla, the Standing Counsel for the respondent BSNL.
3. The issue agitated in the earlier stage was with respect to whether the fixation of pay has to be done under Fundamental Rule FR 22(I)(a)(1) or FR.35. Now the question agitated is also of fixation of pay as on 01.01.2007; when a revision in pay was implemented, for the executive Cadre under Ext.P1 and for the non-executive Cadre under Ext.P3. It is the claim of the petitioners that since they have been officiating in the post of JTO, within the executive Cadre, necessarily the revision of their pay should be as per Ext.P1.
4. The respondents however, contend that even as per the decision at Ext.P14, the fixation of pay of persons similarly situated like O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 24 petitioners officiating in the executive post of JTOs can only be of fixation in the higher scale, above the notional pay fixed in the lower cadre at one stage above the stage at which they are entitled to draw their pay in the lower post, which is in the non-executive cadre. When the pay revision occurs they have to be first fixed in the non-executive scale as per Ext.P3, then the notional pay determined at one stage above that they were drawing and then determine their pay in the officiating post. The revision cannot have any reference to the pay drawn by regularly appointed JTOs or in the pay scales applicable to them. It is also submitted that the petitioners were all reverted as per Ext.R1(d) in the year 2014 after which they were appointed to the substantive vacancies of JTOs. Only on such regular appointment O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 25 would they be entitled to fixation in the higher scale itself on any revision being effected subsequently, in the cadre of JTOs.
5. Admittedly all the petitioners were continuing as Telegram Technical Assistants(for short TTAs) in the Department of Telecom. As per the recruitment rule existing in the Department, the TTAs were to be subjected to a screening test, on qualifying which, they would be appointed as JTOs after imparting 14 weeks' training, of which 4 weeks would be 'in-service training'. The BSNL came into existence with effect from 01.10.2000 and all the TTA's, who opted, were absorbed in the BSNL. Even prior to that the petitioners have qualified in the screening test. The TTAs post is in the non-executive cadre and the promotion post of JTOs in the executive cadre of BSNL.
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 26
6. The recruitment rule provided for direct recruitment and promotion on 1:1 ratio. Within the quota provided for promotion, 35% was to be filled up on the basis of Limited Departmental Competitive Examination (LDCE). The applicants herein who were also the respondents in Ext.P14 raised their claim to the 35% quota. Admittedly there were not enough vacancies to accommodate them in the quota. Due to many reasons there were also dearth of persons who could be regularly continued in the post of JTOs. It was in this circumstance, there was a measure adopted for permitting the TTAs to officiate in the post of JTOs. All the applicants were so officiating in the post from various dates after 2005.
7. On such filling up of the post of JTOs on an officiating basis, there arose a question of O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 27 fixation of their pay in the higher post. The specific question agitated before the Tribunal in the O.As from which Ext.P14 arose was as to the fixation being permissible under FR 22(I)(a)(1), as claimed by the employees or under FR.35, as claimed by BSNL. Though Ext.P14 is later to the orders impugned in the instant petitions, we would first look at the question agitated before the Tribunal and this Court, earlier, and the resolution arrived at.
8. The petitioners canvassed before Court that the pay fixation even in the officiating capacity has to be under FR 22(I)(a)(1)while the BSNL asserted that it has to be with reference to Rule 35. Admittedly all the applicants were successful in the screening test and they had also completed the ten weeks' training at the Training O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 28 Centre. There was dispute in so far as completion of four weeks' in-service training. Many were accommodated in the post of JTOs, which gave rise to proceedings before the Central Administrative Tribunal, Punjab and Haryana on the allegation that the post of JTOs were filled up far in excess of quota permitted for in-service LDCE candidates. The Tribunal deprecated the said practice and in such circumstances, there was acute shortage of qualified hands to fill up the posts. The 1996 rules were amended dispensing with the requirement of completion of training prior to the appointment in the higher cadre of JTOs. The applicants in the said case who completed the ten weeks' initial training were then appointed as JTOs on an officiating capacity.
9. The BSNL, asserting fixation on the O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 29 basis of FR.35 contended that the applicants did not have the requisite extent of training to their credit and hence they were not eligible to be appointed to the higher post. FR.22 according to the BSNL would apply only if the eligibility conditions in the relevant recruitment rules are fully satisfied. The Court formulated the issue arising for adjudication as 'whether the completion of full training of 14 weeks was a pre-requisite for appointment'. Looking at the 1996 rules and the amended rules of 2001, it was found that there is no such requirement. The amendment was particularly made in the wake of acute shortage of qualified hands to be deployed for manning the posts of JTO. Finding that the petitioners satisfy the eligibility condition to be appointed to the post of JTOs, the Court upheld the order of the O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 30 Tribunal which directed fixation of pay in the officiating post based on FR 22(I)(a)(1). The fixation hence had to be done at the stage next above the notional pay arrived at by increasing by one stage the TTAs pay in that lower scale, which post is regularly held by the officiating JTO.
10. We do not think there can be any deviation from the judgment at Ext.P14 which categorically held that FR 22(I)(a)(1) would be applicable even when there is an officiating appointment to the higher post. We now look at the background of this litigation. When pay revision came into effect in the executive cadre, where they were officiating, again, the petitioners were before the Tribunal. The petitioners filed O.A No.619 and 670 of 2009 in which they claimed revision as per Ext.P1 order dated 05.03.2009. The O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 31 revision was specific with respect to scales of pay of Board level and below Board level executives of BSNL. The BSNL contended that this revision was applicable only in the case of executives. It was also clarified by letter dated 11.03.2009 that in respect of non-executives working in executive posts on officiating basis further communications should be awaited. This was obviously correct, since the petitioners who were officiating in the executive post will have to be first fixed at the pay they were entitled to draw in the lower non- executive post of TTA and then fixed in accordance with the scale applicable in the officiating post of JTO.
11. However, the Kerala Circle of BSNL is said to have issued a clarification permitting non- executives, officiating in the executive cadre, to O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 32 get the revised scales applicable to the higher post. There was a concession made before the Tribunal and an order was passed in the O.As, on consent, conceding to the clarification issued by the Kerala Circle. The concession was alleged to be without authorisation and the clarification, in direct conflict with the instructions issued by the BSNL Corporate office.
12. The clarification was later revoked by the BSNL Corporate Office and an investigation was ordered as to how the instructions of the Corporate Office were flouted. Based on this the revisions effected where cancelled, which was challenged in a subsequent OA filed by the petitioners resulting in Ext.P5 order. Ext.P5 found that the earlier consent order having attained finality there could be no interference caused to the revision granted in the O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 33 higher pay scales to the officiating JTOs. Acting upon the observation made by the Tribunal, the BSNL filed a review from the consent order in O.A No.619/2009 which was allowed, setting aside the order on consent. This order in review also was confirmed by this Court in O.P(CAT) 15/2015. These orders have now attained finality.
13. On the strength of the cancellation of the consent order, a review application was filed in the O.As in which Ext.P5 order was passed, which review applications were disposed of by Ext.P11 asserting pay fixation under FR22(I)(a)(1). The said order was followed by a miscellaneous application which also clarified that since the applicants were in the substantive post of TTA, while implementing pay revision orders w.e.f. 01.01.2007 their pay has to be first fixed in the O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 34 revised pay scale attached to the TTA Cadre as per the Non-Executive pay revision order dated 7.5.2010(Ext.P3). Then their pay had to be fixed in the pay scale of higher post of JTO with reference to their revised pay in the lower post of TTA, as directed in Annexure A1 order dated 11.10.2012 of the BSNL.
14. Ext.P11 and P13 has been challenged on the ground that they are non-speaking and that they interfere with the earlier decision of the Tribunal as affirmed by this Court in Ext.P14. We do not think Exts.P11 and P13 have effaced the rights accrued to the petitioners in Ext.P14 judgment of this Court. As we noticed earlier, at the earlier point, contention of BSNL was that for reason of not having completed 14 weeks training, the officiating JTOs were to be granted fixation of pay O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 35 in accordance with FR 35 and not FR 22. The Court in Ext.P14, though later to the orders impugned herein, approved the decision of the Tribunal that the pay fixation in the officiating post of JTO has to be in accordance with FR 22. This was also on the reasoning that there could be no contention taken that the TTAs officiating in the post of JTOs were not qualified to hold the post as per the recruitment rules, especially in the teeth of the amendment made to the recruitment rules. There is hence no doubt that the pay of TTAs officiating in the post of JTOs have to be fixed under FR 22. The BSNL also accepts that and this is what the Tribunal too has insisted in the impugned orders.
15. Ext.P11 is also not devoid of reasons. It was specifically noticed in paragraph 4 at Ext.P11 that the reply statement of the BSNL O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 36 indicated that the revision made with effect from 01.01.2000 was with respect to the pay scale of Executives in the BSNL and this was only applicable in the case of Executives. Annexure-R1(a) produced in the said case was also referred to, wherein the BSNL Corporate office had clarified that persons who were occupying substantive vacancies in the non-Executive cadre, will continue to draw the same pre-revised pay in the non-Executive scale, till revision is effected to their cadre, ie: the non- Executive cadre. The applicants were persons who were regularly continuing as TTAs, in the non- Executive cadre, but officiating as JTOs in the Executive cadre. The contention of the BSNL that the revision of pay of TTAs will have to be in accordance with Ext.P3 was also noticed and approved.
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 37
16. The earlier order of the Tribunal was referred to, by which the fixation was ordered under FR 22(I)(a)(1). The deviation in fixation, at the time revision was implemented to the Executive cadre, was only due to a consent order passed in O.A No. 619/2009 based on clarification issued, only in Kerala Circle. The said consent order was reviewed and the order in review was upheld by this Court. Hence there can be no reliance placed on the clarification and the revision in the non-Executive cadre could only be effected as per a revision affected to their pay scales which is as per Ext.P3. The TTAs who were continuing in the post of JTO would have to be fixed under FR 22(I)(a)(1), which is the direction in Ext.P11 and P13. Ext.P13 only provided more clarity to the operative portion of Ext.P11. O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 38
17. FR 22(I)(a)(1) is very clear and it does not distinguish Government servants continuing on or when promoted in a substantive, temporary or officiating capacity. As long as they fulfill the eligibility condition for the higher post, as prescribed in the relevant recruitment rules. This is the first limb of FR 22(I)(a)(1) and by Ext.P14 this Court has categorically held that the applicants in the OA, who were TTAs officiating as JTOs, satisfied the conditions of eligibility under the recruitment rules. The fixation of pay hence has to be made under FR 22(I)(a)(1), whether the appointment is in a substantive or officiating capacity. While making such fixation, the notional pay has to be arrived at by increasing the individuals pay accrued in the post which he substantially holds,by an increment. Then his pay O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 39 has to be fixed in the time-scale in the higher post at the stage next above the notional pay determined.
18. The contention of the petitioners is that once the pay has been fixed as per FR 22(I)
(a)(1) when the scales of pay in the higher post are revised, the resultant fixation, even for officiating incumbents are to be carried out as in the case of those who hold substantive posts in the executive cadre. The learned Counsel for the petitioner has also relied on a judgment of the Hon'ble Supreme Court to contend that they are entitled to equal pay for equal work.
19. State of Punjab v. Jagjit Singh and others [(2017) 1 SCC 148] was, according to us, in a totally different context and the principle of 'equal pay for equal work' applied there, has no O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 40 application on the facts of this case. Therein a Full Bench of the High Court held that temporary employees were not entitled to the minimum of regular pay scales, merely for reason of work carried out being similar to that of regular employees. The Hon'ble Supreme Court held that it is fallacious to determine artificial parameters to deny fruits of labour and an employee engaged for the same work cannot be paid less than another, who performs the same duties and responsibilities, especially by a welfare State. Such a contingency of discrimination of pay as between employees, does not arise herein at all.
20. It is an admitted fact that while continuing in the officiating capacity, the TTAs are fixed at the higher scale of JTO. However when orders of revision of pay are implemented, there is O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 41 substantial difference between persons holding substantive posts and one officiating. The person who is officiating holds lien over his substantive post in the lower cadre and his right for revision of pay is only in that lower cadre. If he is continued in officiating capacity, he should again be fixed with pay, in accordance with FR 22(I)(a) (1); after first revising his pay in the cadre wherein he holds a substantive lien.
21. Ext.P1 is the revision of scales of pay of Board level and below Board level executives of the BSNL and Ext.P3, the revision applicable to non-Executive cadres of the BSNL. Both are effective from 01.01.2007. When revision orders are implemented there should be a fixation carried out insofar as the TTAs in their time scales and a notional pay fixed as per FR 22(I)(a)(1), based on O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 42 which they should be granted fixation in the revised higher time-scale of JTOs.
22. In this context, we take a mere example from the pay scales as seen from Ext.P1 and P3. The highest scale in the non-Executive cadre seen from, Ext.P3 is 8570-245-12245, which has a period of fifteen years. The lowest in the Executive cadre as seen from Ext.P1, has a time scale spreading over 19 years, which is 9850-250-14600. On revision, a TTA has to be first fixed in the revised scale in the non-Executive cadre as per Ext.P3 and the notional pay arrived at on the basis of FR 22(I)(a)(1), by adding an increment to the stage at which his pay accrues in that scale. Then he should be fixed at the next higher stage, of the notional pay, in the higher scale of JTO, which is his entitlement in the officiating post. O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 43
23. We do not find any reason to equate a person substantively continuing in a post and one officiating for the purpose of revision of pay. FR 22(I)(1)(a) deals with fixation of pay on promotion of a government servant, in a substantive, temporary or officiating capacity to a higher post. The equation of different categories or nature of employment, for the purpose of fixation of pay in the higher post, is to satisfy the principle of 'equal pay for equal work'. It ensures that an officiating incumbent is not denied the same scale, that is allowed to a regular incumbent occupying a substantive vacancy. The pay revision orders are on a different footing and they revise the pay to the various cadres in an organisation.
24. When revision of pay scales are implemented, there is a clear distinction between O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 44 the post of TTAs and JTOs, the former being in the non-Executive cadre and the later in the Executive cadre. The pay revision applicable to the Executive cadre applies to those continuing in the substantive vacancies in that cadre. For those who are officiating, the revision applicable is that ordered in the cadre, here the non-Executive, where they hold a substantive post. But, if continued in an officiating capacity are enabled fixation in the revised higher scales of the Executive cadre. We do not find any reason to interfere with the order of the Tribunal. We do not agree with the petitioners that the order of the Tribunal is in conflict with Ext.P14 judgment. Ext.P14 only dealt with the question of fixation of pay at the time of appointment to a higher post, whether it be in a officiating or substantive capacity; which was O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 45 declared to be under FR 22(I)(a)(1). The question raised in the present litigation, is as to the fixation consequent to implementation of pay scale revision orders, which has to be in the scales applicable to the cadre wherein the incumbent holds substantive posts or lien. The application of FR 22(I)(a)(1)arises only after the fixation is carried out as per the pay revision order, insofar as fixing the pay of the officiating JTOs in the higher scales.
The Original Petitions (CAT) would hence stand rejected. No order as to costs.
Sd/-
K. VINOD CHANDRAN, JUDGE.
Sd/-
V.G. ARUN, JUDGE.
Jma/ O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 46 APPENDIX OF OP (CAT) 99/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER BEARING NO.1- 50/2009- PAT(BSNL) DATED 05TH MARCH 2009, ISSUED FROM THE CORPORATE OFFICE OF BSNL (PRODUCED AS ANNEXURE-A3 IN EXHIBIT P6).
EXHIBIT P2 TRUE COPY OF ORDER BEARING NO.1- 11/2009-PAT(BSNL) DATED 31/03/2009 ISSUED FROM THE 1ST RESPONDENT CORPORATE OFFICE (ANNEXURE-A6 OF EXHIBIT P6).
EXHIBIT P3 TRUE COPY OF ORDER IN FILE NO.1- 16/2010-PAT(BSNL) DATED 07/05/2010, ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT, (ANNEXURE A8 OF EXHIBIT P6).
EXHIBIT P4 TRUE COPY OF ORDER BEARING NO.HR.III.2- 3/JTO(O) PAY FIXATION/2012/PT/6 DATED 11 OCT 2012 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT (ANNEXURE-A1 OF EXHIBIT P6).
EXHIBIT P5 TRUE COPY OF ORDER IN OA NO.1056/2012 AND CONNECTED CASES DATED 21 AUGUST 2013 RENDERED BY THE HON'BLE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P6 TRUE COPY OF OA NO.1056/2012 DATED 19TH NOVEMBER 2012 ALONG WITH ITS ANNEXURES FILED BEFORE THE HON'BLE TRIBUNAL, ERNAKULAM BENCH.
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 47 EXHIBIT P7 TRUE COPY OF REPLY STATEMENT DATED 30/01/2013 ALONG WITH ITS ANNEXURE FILED BY THE RESPONDENTS BEFORE THE LEARNED TRIBUNAL.
EXHIBIT P8 TRUE COPY OF REJOINDER DATED 10/04/2013 ALONG WITH ITS ANNEXURES FILED BY THE APPLICANTS BEFORE THE LEARNED TRIBUNAL. EXHIBIT P9 TRUE COPY OF REVIEW APPLICATION NO.180/0039/2015 IN OA NO.1056/2012 DATED 23 NOV 2015 FILED BY THE OFFICIAL RESPONDENTS, BEFORE THE HON'BLE TRIBUNAL.
EXHIBIT P10 TRUE COPY OF MA NO.180.01321/2015 IN RA NO.180/00039/2015 IN OA NO.1056/2012 DATED 23 NOV 2015 FILED BY THE OFFICIAL RESPONDENTS BEFORE THE HON'BLE TRIBUNAL. EXHIBIT P11 TRUE COPY OF COMMON ORDER IN RA NO.39/2015 IN OA NO.1056/2012 AND CONNECTED CASES DATED 22 AUG 2016 RENDERED BY THE HON'BLE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P12 TRUE COPY OF MA NO.153/2017 DATED NIL NOV 2016 IN RA NO.39/2015 IN OA NO.1056/2012 FILED BY THE OFFICIAL RESPONDENT BEFORE THE HON'BLE TRIBUNAL. EXHIBIT P13 TRUE COPY OF ORDER DATED 26/05/2017 IN MA NO.180/153/2017 IN OA NO.1056/2012 RENDERED BY THE HON'BLE TRIBUNAL. EXHIBIT P14 TRUE COPY OF JUDGMENT DATED 15/09/2017 IN OP(CAT) NO.2107/2011 ALONG WITH WP(C) NO.7723/2010 AND CONNECTED CASES, RENDERED BY THE HON'BLE HIGH COURT OF KERALA.
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 48 EXHIBIT P15 TRUE COPY OF ORDER DATED 20/07/2018 IN SLP(C) DIARY NO.19274/2018 AND CONNECTED CASES RENDERED BY THE HON'BLE SUPREME COURT.
EXHIBIT P16: TRUE COPY OF ORDER BEARING HR-III/2- 5/JTO(O)PAY FIXATION/2012/PART-I/67 DATED 18/09/2019 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P6 (A1) A TRUE COPY OF THE ORDER NO.HR.III-2- 3/JTO(O)/PAY FIXATION/2012/PT/6 DATED 11/10/2012 ISSUED BY THE 2ND RESPONDENT (ANNEXURE A1).
EXHIBIT P6 (A2) A TRUE COPY OF THE ORDER NO.HR.III.2- 3/JTO(O)/PAY FIXATION/PT/7 DATED 06/11/2012 ISSUED BY THE OFFICE OF THE 2ND RESPONDENT (ANNEXURE A2).
EXHIBIT P6 (A9) A TRUE COPY OF THE ORDER NO.I-20/2010- PAT(BSNL) DATED 31/01/2011 ISSUED BY THE ASSISTANT DIRECTOR GENERAL OF THE 1ST RESPONDENT. (ANNEXURE - A9). EXHIBIT P6 (A3) A TRUE COPY OF ORDER NO.1-50/2008-PAT (BSNL) DATED 05TH MARCH 2009, ISSUED BY THE 1ST RESPONDENT (ANNEXURE A3). EXHIBIT P6 (A4) A TRUE COPY OF THE STATEMENT OF THE FIXATION ISSUED BY THE ACCOUNTS OFFICERS OF THE 2ND RESPONDENT TO THE ONE OF THE EMPLOYEE. (ANNEXURE-A4). EXHIBIT P6 (A5) A TRUE COPY OF THE ORDER NO.AP-
11/EXE.PAY.RVN/09/5 DATED 16/03/2009 ISSUED BY CHIEF ACCOUNTS OFFICERS OF THE 2ND RESPONDENT. (ANNEXURE -A5) O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 49 EXHIBIT P6 (A6) A TRUE COPY OF THE ORDER NO.1-11/2009- PAT(BSNL) DATED 31/03/2009 ISSUED BY THE 1ST RESPONDENT (ANNEXURE-A6). EXHIBIT P6 (A7) A TRUE COPY OF THE ORDER DATED 19/1/2010 IN OA. 619/2009 OF THIS HONOURABLE TRIBUNAL (ANNEXURE A7). EXHIBIT P6 (A8) A TRUE COPY OF THE ORDER NO.1-16/2010- PAT(BSNL) DATED 07/05/2010, ISSUED ON BEHALF OF THE 1ST RESPONDENT (ANNEXURE-A8).
EXHIBIT P6 (A10) A TRUE COPY OF ONE SUCH PROMOTION ORDER NO.ST-III/2-5/OFFG/2005/PT DATED 27/04/2005 ISSUED ON BEHALF OF THE 2ND RESPONDENT (ANNEXURE A10). EXHIBIT P6 (A11) A TRUE COPY OF THE LETTER NO.ST-III/S-5/0FFG/2005 DATED 06/09/2005 ISSUED BY THE 2ND RESPONDENT (ANNEXURE A11). EXHIBIT P6 (A12) A TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.35481/05 DATED 24/03/2016 OF THE HON'BLE HIGH COURT (ANNEXURE A12).
EXHIBIT P6 (A13) A TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1735/2006 DATED 01/06/2007 OF THE HON'BLE DIVISION BENCH (ANNEXURE A13).
EXHIBIT P6 (A14) A TRUE COPY OF THE MODEL REPRESENTATION SUBMITTED BY THE APPLICANTS AND SIMILARLY SITUATED EMPLOYEES BEFORE THE 1ST RESPONDENT (ANNEXURE A14).
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 50 EXHIBIT P6 (A15) A TRUE COPY OF THE ORDER NO.3-GEN/21/2006/PERS.IV DATED 20/11/2007 ISSUED ON BEHALF OF THE 1ST RESPONDENT (ANNEXURE A15). EXHIBIT P6 (A16) A TRUE COPY OF THE ORDER IN T.A.NO.93 AND OTHERS OF 2008 DATED 15/07/2009 OF THE HON'BLE TRIBUNAL (ANNEXURE A16). EXHIBIT P6 (A17) A TRUE COPY OF THE ORDER IN OA 1282/2010 DATED 26/08/2010 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH (ANNEXURE A17).
EXHIBIT P6 (A18) A TRUE COPY OF THE ORDER DATED 05/09/2011 IN REVIEW APPLICATION 125 OF 2011 IN OA 1282 OF 2010 BY THE PRINCIPAL BENCH (ANNEXURE A18). EXHIBIT P6 (A19) A TRUE COPY OF THE JUDGMENT DATED 13/01/2012 IN WP(C) 243/2012 BY THE HON'BLE DELHI HIGHS COURT (ANNEXURE A19).
EXHIBIT P6 (A20) A TRUE COPY OF THE INTERIM ORDER DATED 17/10/2012 IN OA 943/2012 (ANNEXURE A20).
EXHIBIT P6 (A21) A TRUE COPY OF THE ORDER DATED 02/01/2011 ISSUED ON BEHALF OF THE 1ST RESPONDENT. (ANNEXURE A21) EXHIBIT P6 (A22) A TRUE COPY OF THE ORDER NO.1-1/2009-PAT(BSNL) DATED 15/02/2011 ISSUED ON BEHALF OF THE 1ST RESPONDENT (ANNEXURE A22).
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 51 EXHIBIT P6 (A23) A TRUE COPY OF INTERIM ORDER DATED 12/11/2012 IN OA 1022/2012 BY THE HON'BLE TRIBUNAL (ANNEXURE A23). EXHIBIT P7 (R1A) TRUE COPY OF THE LETTER DATED 11/03/09 OF THE KERALA CIRCLE. (ANNEXURE R1(A). EXHIBIT P7 (R1B) EXHIBIT P7(A2) TRUE COPY OF THE COMMITTEE REPORT DATED 05/07/12 (ANNEXURE R1(B).
EXHIBIT P7 (R1C) TRUE COPY OF THE ORDER DT.24/02/2011 OF THE AGM(A) KOCHI (ANNEXURE R1(C). EXHIBIT P8 (A24) A TRUE COPY OF THE ORDER NO.I-29/2010- PAT(BSNL) DATED 10.09/2010 ISSUED BY THE 1ST RESPONDENT (ANNEXURE A24). EXHIBIT P8 (A25) A TRUE COPY OF THE ORDER NO.1-29/2010- PAT(BSNL) DATED 03/01/2012 (ANNEXURE - A25).
EXHIBIT P9 (RA1) A TRUE COPY OF THE COMMON ORDER IN OA 1022/12 & CONNECTED CASES DATED 21/08/13 (ANNEXURE RA1).
EXHIBIT P9 (RA2) TRUE COPY OF THE COMMON ORDER IN RA 180/00027/14 IN OA 670/09 & CONNECTED CASES DATED 01/01/15 (ANNEXURE RA2). EXHIBIT P9 (RA3) TRUE COPY OF THE ORDER IN O.P.(CAT) 15/15 DATED 05/08/15 (ANNEXURE - RA3). EXHIBIT P9 (RA4) TRUE COPY OF THE NOTIFICATION DATED 08/03/2000 NOTIFYING THE SCREENING TEST (ANNEXURE RA4).
EXHIBIT P9 (RA5) TRUE COPY OF THE LETTER DATED 11/03/09 ISSUED BY THE KERALA CIRCLE (ANNEXURE RA5).
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 52 EXHIBIT P9 (RA6) TRUE COPY OF THE COMMITTEE REPORT DATED 05/07/2012 (ANNEXURE -RA6).
EXHIBIT P9 (RA7) TRUE COY OF THE VIGILANCE COMMUNICATION DATED 20/03/14 (ANNEXURE RA7). RESPONDENT'S/S EXHIBITS:
EXHIBIT R1(a) TRUE COPY OF THE ORDER NO.3-8/2010- ESTT-IV (Pt) DT. 18/09/2018 ISSUED BY THE BSNL CORPORATE OFFICE.
EXHIBIT R1(b) TRUE COPY OF THE LETTER DATED 1.1.2014 ISSUED BY THE BSNL CORPORATE OFFICE.
EXHIBIT R1(c) TRUE COPY OF THE LETTER DATED 22.12.2015 ISSUED BY THE BSNL CORPORATE OFFICE.
EXHIBIT R1(d) TRUE COPY OF THE REVERSION ORDER BEARING NO. HR-III/2-5/OFFG/2014/4 DATED 17.3.2014.
EXHIBIT R1(e) TRUE COPY OF THE ORDER DATED 5.1.2017 IN MA 1370/16 IN OA 1022/2012.
EXHIBIT R1(f) TRUE COPY OF THE ORDER DATED 11.10.2017 IN OP((CAT) NO.281/2017.
EXHIBIT R1(g) TRUE COPY OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL IN OA 306/2013 AND CONNECTED CASES.
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 53 APPENDIX OF OP (CAT) 118/2019 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER BEARING NO.1- 50/2008- PAT (BSNL) DATED 05THE MARCH 2009, ISSUED FROM THE CORPORATE OFFICE OF BSNL(PRODUCED AS ANNEXURE A3 IN EXHIBIT P6 EXHIBIT P2 TRUE COPY OF ORDER BEARING NO.1- 11/2009- PAT (BSNL) DATED 31.03.2009 ISSUED FROM THE 1ST RESPONDENT CORPORATE OFFICE(ANNEXURE A6 OF EXHIBIT P6) EXHIBIT P3 TRUE COPY OF ORDER IN FILE NO.1-
16/2010- PAT (BSNL) DATED 07.5.2019, ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT, (ANNEXURE-A8 OF EXHIBIT P6) EXHIBIT P4 TRUE COPY OF ORDER BEARING NO.HR.III.2- 3/JTO(O) PAY FIXATION/2012/PT/6 DATED 11 OCT 2012 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT, (ANNEXURE-A1 OF EXHIBIT P6) EXHIBIT P5 TRUE COPY OF ORDER IN OA NO.1061/2012 AND CONNECTED CASES DATED 21 AUGUST 2013 RENDERED BY THE HON'BLE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P6 TRUE COPY OF OA NO.1061/2012 DATED 20TH NOVEMBER 2012 ALONG WITH ITS ANNEXURES FILED BEFORE THE HON'BLE TRIBUNAL, O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 54 ERNAKULAM BENCH.
EXHIBIT P6(A1) A TRUE COPY OF THE ORDER NO.HR.III.2- 3/JTO(O)/PAY FIXATION/ 2012/PT/6 DATED 11.10.2012 ISSUED BY THE 2ND RESPONDENT (ANNEXURE -A1) EXHIBIT P6(A2) A TRUE COPY OF THE ORDER NO.HR.III.2- 3/JTO(O)/PAY FIXATION/ 2012/PT/7 DATED 06.11.2012 ISSUED BY THE 2ND RESPONDENT (ANNEXURE -A2) EXHIBIT P6(A9) A TRUE COPY OF THE ORDER NO.I-20/2010- PAT(BSNL) DATED 31/01/2011 ISSUED BY THE ASSISTANT DIRECTOR GENERAL OF THE 1ST RESPONDENT (ANNEXURE-A9) EXHIBIT P6(A3) A TRUE COPY OF ORDER NO.1-50/2008- PAT(BSNL) DATED 5TH MARCH 2009, ISSUED BY THE 1ST RESPONDENT (ANNEXURE-A3) EXHIBIT P6(A4) A TRUE COPY OF THE STATEMENT OF THE FIXATION ISSUED BY THE ACCOUNTS OFFICERS OF THE 2ND RESPONDENT TO THE ONE OF THE EMPLOYEE(ANNEXURE-A4) EXHIBIT P6(A6) A TRUE COPY OF THE ORDER NO.1-11/2009- PAT(BSNL) DATED 31.03.2009 ISSUED BY THE 1ST RESPONDENT(ANNEXURE A6) EXHIBIT P6(A7) A TRUE COPY OF THE ORDER DATED 19.1.2010 IN O.A.619/2009 OF THIS HONOURABLE TRIBUNAL (ANNEXURE A7) EXHIBIT P6(A8) A TRUE COPY OF THE ORDER NO.1-16/2010- PAT (BSNL) DATED 07.05.2010, ISSUED ON BEHALF OF THE 1ST RESPONDENT (ANNEXURTE-A8) EXHIBIT P6(A10) A TRUE COPY OF ONE SUCH PROMOTION ORDER O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 55 NO.ST-III/2-5/OFFG/2005/PT DATED 27.04.2005 ISSUED ON BEHALF OF THE 2ND RESPONDENT 9ANNEXURE-A10) EXHIBIT P6(A11) A TRUE COPY OF THE LETTER NO.ST-III/2- 5/OFFG/2005 DATED 06/09/2005 ISSUED BY THE 2ND RESPONDENT(ANNEXURE -A11) EXHIBIT P6(A12) A TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.35481/2005 DATED 24.03.2006 OF THE HON'BLE HIGH COURT (ANNEXURE-A12) EXHIBIT P6(A13) A TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO.1735/2006 DATED 01/06/2007 OF THE HON'BLE DIVISION BENCH (ANNEXURE- A13) EXHIBIT P6(A14) A TRUE COPY OF THE MODEL REPRESENTATION SUBMITTED BY THE APPLICANTS AND SIMILARLY SITUATED EMPLOYEES BEFOR ETHE 1ST RESPONDENT (ANNEXURE -A14) EXHIBIT P6(A15) A TRUE COPY OF THE ORDER NO.3- GEN/21/2006.PERS.IV DATED 20.11.2007 ISSUED ON BEHALF OF THE 1ST RESPONDENT(ANNEXURE-A15) EXHIBIT P6(A16) A TRUE COPY OF THE ORDER IN T.A.NO.93 AND OTHERS OF 2008 DATED 15/07/2009 OF THE HON'BLE TRIBUNAL(ANNEXURE A-16) EXHIBIT P6(A17) A TRUE COPY OF THE ORDER IN OA 1282/2010 DATED 26.08.2010 OF THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH(ANNEXURE-A17) EXHIBIT P6(A18) A TRANSCRIBED COPY OF THE ORDER DATED 05.09.2011 IN REVIEW APPLICATION 125 OF 2011 IN OA 1282 OF 2010 BY THE PRINCIPAL BENCH9ANNEXURE A18) O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 56 EXHIBIT P6(A19) A TRUE COPY OF THE JUDGMENT DATED 13.01.2012 IN WP(C)243/2012 BY THE HON'BLE DELHI HIGH COURT(ANNEXURE-A19) EXHIBIT P6(A20) A TRUE COPY OF INTERIM ORDER DATED 17.10.2012 IN OA 943/2012 (ANNEXURE A20) EXHIBIT P6(A21) A TRUE COPY OF THE ORDER DATED 02.01.2001 ISSUED ON BEHALF OF THE 1ST RESPONDENT(ANNEXURE-A21) EXHIBIT P6(A22) A TRUE COPY OF THE ORDER NO.1-11/2009- PAT(BSNL) DATED 15.02.2011 ISSUED ON BEHALF OF THE 1ST RESPONDENT (ANNEXURE- A22) EXHIBIT P6(A23) A TRUE COPY OF INTERIM ORDER DATED 12.11.2012 IN OA 1022/2012 BY THE HON'BLE TRIBUNAL(ANNEXURE-A23) EXHIBIT P7 TRUE COPY OF REPLY STATEMENT DATED 22.01.2013 ALONG WITH ITS ANNEXURES FILED BY THE RESPONDENTS BEFORE THE LEARNED TRIBUNAL EXHIBIT P7{R1(A)} TRUE COPY OF THE LETTER DATED 11.03.09 OF KERALA CIRCLE.(ANNEXURE R1(A)) EXHIBIT P7{R1(B)} TRUE COPY OF THE COMMITTEE REPORT DATED 05.07.12(ANNEXURE R1(B)) EXHIBIT P7{R1(C)} TRUE COPY OF THE ORDER DATED 24.02.2011 OF THE AGM(A) KOCHI(ANNEXURE R1(C)) EXHIBIT P8 TRUE COPY OF REJOINDER DATED 10.04.2013 ALONG WITH ITS ANNEXURES FILED BY THE APPLICANTS BEFORE THE LEARNED TRIBUNAL EXHIBIT P8{R1(A24)} A TRUE COPY OF THE ORDER NO.1-29/2010- O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 57 PAT(BSNL) DATED 10.09.2010 ISSUED BY THE 1ST RESPONDENT (ANNEXURE-A24) EXHIBIT P8(A25) A TRUE COPY OF THE ORDER NO.1-29/2010- PAT(BSNL) DATED 03.01.2012(ANNEXURE A25) EXHIBIT P9 TRUE COPY OF REVIEW APPLICATION NO.180/0038/2015 IN OA NO.1061/2012 DATED 23 NOV 2015 FILED BY THE OFFICIAL RESPONDENTS, BEFORE THE HON'BLE TRIBUNAL EXHIBIT P9(RA1) A TRUE COPY OF THE COMMON ORDER IN OA 1022/12 & CONNECTED CASES DATED 21.08.13 (ANNEXURE-RA1) EXHIBIT P9(RA2) TRUE COPY OF THE COMMON ORDER IN RA 180/00027/14 IN OA 670/09 AND CONNECTED CASES DATED 01.01.15(ANNEXURE RA2) EXHIBIT P9(RA3) TRUE COPY OF THE ORDER IN O.P. (CAT)15/15 DATED 05.08.2015(ANNEXURE RA3) EXHIBIT P9(RA4) TRUE COPY OF THE NOTIFICATION DATED 08.03.2000 NOTIFYING THE SCREENING TEST (ANNEXURE -RA4) EXHIBIT P9(RA5) TRUE COPY OF THE LETTER DATED 11.03.2009 ISSUED B THE KERALA CIRCLE (ANNEXURE -RA5) EXHIBIT P9(RA6) TRUE COPY OF THE COMMITTE REPORT DATED 05.07.2012(ANNEXURE-RA6) EXHIBIT P9(RA6) TRUE COPY OF THE COMMITTE REPORT DATED 05.07.2012(ANNEXURE-RA6) EXHIBIT P9(RA7) TRUE COPY OF THE VIGILANCE COMMUNICATION DATED 20.03.14 (ANNEXURE- RA7) O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 58 EXHIBIT P10 TRUE COPY OF MA NO.180/01319/2015 IN RA NO.180/00038/2015 IN OA NO.1061/2012 DATED 23 NOV 2015 FILED BY THE OFFICIAL RESPONDENTS BEFORE THE HON'BLE TRIBUNAL EXHIBIT P11 TRUE COPY OF COMMON ORDER IN RA NO.38/00038/2015 IN OA NO.1061/2012 DATED 23 NOV 2015 FILED BY THE OFFICIAL RESPONDENTS BEFORE THE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P12 TRUE COPY OF MA NO.154/2017 DATED NIL NOV 2016 IIN RA NO.38/2015 IN OA NO.1061/2012 FILED BY THE OFFICIAL RESPONDENTS BEFORE THE HON'BLE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P13 TRUE COPY OF ORDER DATED 26.05.2017 IN MA NO.180/154/2017 IN OA NO.1061/2012 RENDERED BY THE HON'BLE TRIBUNAL EXHIBIT P14 TRUE COPY OF JUDGMENT DATED 15.09.2017 IN OP(CAT)NO.2107/2011 ALONG WITH WP(C)NO.7723/2010 AND CONNECTED CASES, RENDERED BY THE HON'BLE HIGH COURT OF KERALA.
EXHIBIT P15 TRUE COPY OF ORDER DATED 20.07.2018 IN SLP(C) DIARY NO.19274/2018 AND CONNECTED CASES RENDERED BY THE HON'BLE SUPREME COURT O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 59 APPENDIX OF OP (CAT) 24/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER BEARING NO. 1- 50/2008-PAT(BSNL) DATED 05TH MARCH 2009, ISSUED FROM THE CORPORATE OFFICE OF BANL (PRODUCED AS ANNEXURE -A3 IN EXHIBIT P6) EXHIBIT P2 TRUE COPY OF ORDER BEARING NO. 1- 11/2009 -PAT (BSNL) DATED 31-03-2009 ISSUED FROM THE 1ST RESPONDENT CORPORATE OFFICE (ANNEXURE-A6 OF EXHIBIT P-6) EXHIBIT P3 TRUE COPY OF ORDER IN FILE NO. 1- 16/2010-PAT (BSNL) DATED 07-05-2010, ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT, (ANNEXURE-A8 OF EXHIBIT P-6) EXHIBIT P4 TRUE COPY OF ORDER BEARING NO. HR.III-
2-3/JTO(O) PAY FIXATION/2012/PT/6 DATED 11 OCT 2012 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT, (ANNEXURE-A1 OF EXHIBIT P6) EXHIBIT P5 TRUE COPY OF ORDER IN OA NO. 1061/2012 AND CONNECTED CASES DATED 21 AUGUST 2013 RENDERED BY THE HON'BLE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P6 TRUE COPY OF OA NO. 1061/2012 DATED 20TH NOVEMBER 2012 ALONG WITH ITS ANNEXURES FILED BEFORE THE HON'BLE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P7 TRUE COPY OF REPLY STATEMENT DATED 22- O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 60 01-2013 ALONG WITH ITS ANNEXURES FILED BY THE RESPONDENTS BEFORE THE LEARNED TRIBUNAL EXHIBIT P8 TRUE COPY OF REJOINDER DATED 10-04-2013 ALONG WITH ITS ANNEXURES FILED BY THE APPLICANTS BEFORE THE LEARNED TRIBUNAL EXHIBIT P9 TRUE COPY OF REVIEW APPLICATION NO.
180/0038/2015 IN OA NO. 1061/2012 DATED 23 NOV 2015 FILED BY THE OFFICIAL RESPONDENTS, BEFORE THE HON'BLE TRIBUNAL EXHIBIT P10 TRUE COPY OF MA NO. 180/01319/2015 IN RA NO. 180/00038/2015 IN OA NO.
1061/2012 DATED 23 NOV 2015 FILED BY THE OFFICIAL RESPONDENTS BEFORE THE HON'BLE TRIBUNAL EXHIBIT P11 TRUE COPY OF COMMON ORDER IN RA NO.
38/2015 IN OA NO. 1061/2012 AND CONNECTED CASES DATED 22 AUG 2016 RENDERED BY THE HON'BLE TRIBUNAL, ERNAKULAM BENCH EXHIBIT P12 TRUE COPY OF MA NO. 00154/2017 DATED NIL NOV 2016 IN RA NO. 38/2015 IN OA NO. 1061/2012 FILED BY THE OFFICIAL RESPONDENTS BEFORE THE HON'BLE TRIBUNAL. EXHIBIT P13 TRUE COPY OF ORDER DATED 26-05-2017 IN MA NO. 180/00154/2017 IN OA NO.
1061/2012 RENDERED BY THE HON'BLE TRIBUNAL EXHIBIT P14 TRUE COPY OF JUDGMENT DATED 15-09-2017 IN OP(CAT) NO. 2107/2011 ALONG WITH WP(C) NO.7723/2010 AND CONNECTED CASES, RENDERED BY THE HON'BLE HIGH COURT OF KERALA.
O.P(CAT) Nos.99/2019, 118/2019 & 24 of 2020 61 EXHIBIT P15 TRUE COPY OF ORDER DATED 20-07-2018 IN SLP(C) DIARY NO. 19274/2018 AND CONNECTED CASES RENDERED BY THE HON'BLE SUPREME COURT.
EXHIBIT P16 A TRUE COPY OF THE AFORESAID ORDER BEARING NO. HR-III/2-5/JTO(O) PAY FIXTION/1012/PART-1/67 DATED 18-09-2019.