Central Administrative Tribunal - Ernakulam
Prasanna T M vs The Secretary Ministry Of ... on 22 March, 2024
-1-
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00492/2018,
Original Application No.180/00562/2018,
Original Application No.180/00640/2018,
Original Application No.180/00557/2018,
Original Application No.180/00992/2018,
Original Application No.180/00354/2018,
Original Application No.180/00487/2018,
Original Application No.180/00493/2018,
Original Application No.180/00550/2018,
Original Application No.180/00549/2018,
Original Application No.180/00485/2018,
Original Application No.180/01037/2018
&
Original Application No.180/01036/2018
Friday this the 22nd day of March 2024
CO RAM :
HON'BLE Mr.JUSTICE K.HARIPAL, JUDICIAL MEMBER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER
Original Application No.180/00492/2018
1. Pradeep C.C.,
HR 198703213,
AOS, O/o.GMT,
BSNL, Kannur-670 002.
2. Balakrishnan M.V.,
HR 198408219,
OS, O/o.GMT,
BSNL, Kannur-670 002.
3. Rajan K.P.,
HR 198804637,
AOS, O/o.DET, Tele Exchange,
Taliparamba, Kannur.
-2-
4. Durga V.K.,
AOS, HR No. 198803261,
O/o.SDE (Commercial), Uppala.
5. Balagopal K.,
HR No 198500686,
Sr. TOA (Rtd.), O/o.SDE,
Mangattu Parambu, Kannur.
6. Madhavi K.P.,
HR 198703936,
Jr. Engineer, BSNL, Pilathara.
7. Sheela Parolil,
HR 198901658,
AOS, O/o.GMT,
BSNL, Kannur-670 002.
8. Joola K.Р.,
HR No 198801014,
AOS (P), O/o.GMT BSNL Bhavan,
Kannur.
9. Sreeja K.P.,
HR No. 198806805,
AOS (P), Cash Section, O/o.GMT,
BSNL Bhavan, Kannur 2.
10. Sujatha A.P.,
HR No 198501446,
OS (P), O/o.GMT,
BSNL Bhavan, Kannur.
11. Kumari Μ.Κ.,
HR No 198703604,
AOS (P), O/o.GMT,
BSNL Bhavan, Kannur.
12. Valsala T.K.,
HR No. 198910939,
AOS, O/o.SDE (CSR), Kanhangad.
-3-
13. Jalajakshy A.C.,
HR No. 198817025,
AOS, O/o.SDE (CSR), Kanhangad.
14. Geetha C.,
HR No. 198915131,
AOS, O/o.CSC, Karivellur.
15. Krishna Veni P.,
HR 198505366,
Office Supdt., O/o.GMT,
BSNL, Kannur-670 002.
16. Remani T.T.,
HR 198700770,
AOS (T), CSC,
Telephone Bhavan, Kannur.
17. Sabitha P.P.,
HR 198910384,
AOS, O/o.GMT, BSNL Bhavan,
Kannur 670 002.
18. Beena Bindu A.P.,
HR 198915135,
AOS, O/o.SDE CM1-P,
Thalassery.
19. Mohana Chandran K.K.,
HR 198606944,
OS, O/o.GMT,
BSNL Bhavan, Kannur.
20. Vinodan Thayyil,
HR 198801016,
AOS (P), CSR, Irikkur.
21. Upendran E.,
HR 198501425,
OS, O/o.GMT, BSNL Bhavan,
Kannur-670 002.
-4-
22. Purendran G,
HR 198806761,
AOS, O/o.CSC, Rajapuram.
23. Mohanan Valliyodan,
HR 198806220,
OS, O/o.SDE, CSR,
Kuthuparambu.
24. Pushpahasan Keyan,
HR No. 198910198,
AOS, O/o.DET, Kuthuparambu.
25. Karunakaran M.,
HR 198703881,
OS, CSC, Cheruvathur.
26. Narayanan M.,
HR 198703453,
OS, CSC Kuttikol.
27. Samuel Premkumar Vithu,
HR 198703350,
Jr. Engineer, Telephone Bhavan,
Kannur.
28. Johny P.J.,
HR No. 198705607,
AOS, CSC, Sreekandpuram.
29. Balakrishna Naik B.,
HR 198801100,
OS, O/o.SDE, BSNL Tele Bhavan,
Kasaragod.
30. Jyothi Kumar G.,
HR No. 198806373,
AOS, CSR, Telephone Bhavan,
Kannur.
-5-
31. Asokan Valanki,
HR No. 198807916,
JE, BSNL, Tele. Exchange,
Mattannur-670 702.
32. Jayaprakas P.P.,
HR No. 198807882,
J.E., BSNL, Tele Exchange,
Pazhassi, Kannur-670 702.
33. Vishwananthan V.,
HR No. 198908202,
AOS, BSNL, O/o.GM Telecom,
Kannur-02
34. Sujith K.Κ.,
HR 198808798,
AOS, O/o.SDE CML, Thalassery.
35. Sindu K.V.,
HR 198700696,
O.S., O/o.SDE CML P, Thalassery.
36. Remadevi K.V.,
HR No. 198911699,
AOS, O/o.SDE (C&R), Kanhangad.
37. Pramod K.M.,
HR 198705606,
AOS, O/o.SDE CML, Thalassery.
38. Sadanandan.P.,
HR No. 198915165,
AOS, BSNL, O/o.SDE(CML),
Sreekandapuram.
39. Purushothaman A.V.,
HR No. 198605236,
OS, O/o.SDE (Commercial),
BSNL, Cheruvathur-671 315.
-6-
40. Mohanan.M.A.,
HR 198806734,
AOS, BSNL, Tele Exchange,
Thrikaripur P.O., Kasargod-671 310.
41. Mallika,
HR No. 198807686,
TRA Section, O/o.GMT,
BSNL, Sanchar Bhavan,
TD Road, Palakkad-678 101.
42. Sreedharan.V.K.,
HR 198504156,
AO Cash Section, O/o.GM Telecom,
BSNL Bhavan, Kannur.
43 Balachandran V.P.,
HR 198806214,
O/o.SDE (Exh), Kanhangad-671 315.
44. Narayani V.,
HR 198406269,
OS, O/o.SDE Commercial,
Telephone Bhavan, Kasaragod-671 121. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India represented by Secretary,
Government of India, Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi-110 001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle, Thiruvananthapuram - 695 033.
-7-
4. The General Manager Telecom,
O/o.GMT, BSNL Bhavan, Kannur-670 002. ...Respondents
(By Advocates Mr.Sreenath.S, ACGSC [R1] &
Mr.T.C.Krishna [R2-4])
Original Application No.180/00562/2018
1. Radha Devi K.L.,
HR No.198807435,
AOS, Pay Bill Section,
O/o.PGMT, Uppalam Road, Tvm-01.
2. Sushama P.R.,
HR No. 198807874,
AOS, Cash Section,
O/o.the Principal General Manager,
Uppalam Road, Tvm.
3. T.S.Geetha,
HR No.198808552,
AOS, TP Section,
O/o.the Principal General Manager,
Uppalam Road, Tvm - 1.
4. K.P. Geetha Kumari,
HR No. 198808023,
AOS, MM Section,
O/o.the Principal General Manager,
BSNL Bhavan, Uppalam Road, Tvm - 1.
5. K. Kusala Kumaran,
HR No.198808288,
AOS, FC, Telephone Exchange,
Paruthi Para, Nalanchira P.O., Tvm-15.
6. Lalitha Skaria,
HR No.198808066,
AOS, MDF, Telephone Exchange,
Paruthippara, NLA P.O., Tvm-15.
-8-
7. C. Kumari Geetha,
HR No. 198807438,
AOS, Sreekariyam, Sub Division Office, Tvm.
8. Kanchana V.,
HR No.198808047,
AOS, Telephone Exchange,
Kaithamukku, Tvm-23.
9. Chandran B,
HR No. 198703991,
AOS, CSC, Ambalamukku, Tvm.
10. Ambika P.,
HR No.198807998,
AOS, Central Exchange, Statue, Tvm.
11. Ramalingom P.,
HR No.198504973,
OS, CSC, Anayara, Tvm-695 029.
12. Narayanan Potti. K.,
HR No.198807340,
AOS, Nedumangad CSC, NDD-695 541.
13. M.N.Usha Devi,
HR No. 198914643,
AOS, CSC, Parasala-695 502.
14. Jalajamony Amma,
HR No.198808037,
AOS, Technow Park,
O/o Karivattom Sub Division.
15. Ponnammal,
HR No.198808578,
AOS, CSC, CTO, Tvm.
16. Bhanumathy.A.,
HR No. 198808319,
AOS, CSC, CTO, Tvm-1.
-9-
17. Jayanthi.R.,
HR No. 198605909,
OS, Staff Section, O/o.PGMT, Tvm.
18. S. Geetha,
HR No. 198808539,
AOS, Pension Section,
O/o.PGMT, BSNL Bhavan,
Uppalam Road, Tvm.
19. B. Tharabai,
HR No. 198808277,
AOS, O/o.the Sub Divisional Engineer,
Telephone Exchange,
Kaimanam, Trivandrum-695040.
20. A. Latha,
HR No. 198807274,
AOS, O/o.the SDE Vellarada,
Telephone Exchange,
Vellarada, Trivandrum.
21. Sudhakumari,
HR No. 198806139,
Jr. Hindi Translator, O/o.CGMT,
BSNL, Tvm-33. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India represented by Secretary,
Government of India,
Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi-110 001.
-10-
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
4. The Principal General Manager,
O/o.PGMT, BSNL Bhavan, Uppalam Road,
Thiruvananthapuram - 695 001. ...Respondents
(By Advocates Mr.S.R.K.Prathap, ACGSC [R1]
& Mr.T.C.Krishna [R2-4])
Original Application No.180/00640/2018
1. Sivan M.G.,
S/o. Gopalan, Age 57 years,
Assistant Office Suprintendent,
O/o.the Sub Divisional Engineer,
Project Udaan, BSNL Bhavan, Ernakulam.
2. Mary Mathew,
W/o. P.C.Babu, Age 55 years,
Assistant Office Superintendent,
Customer Service Centre, BSNL, Thodupuzha.
3. Lincy K James,
W/o. K.M.Devasia, Age 55 years,
Assistant Office Superintendent,
O/o. The Sub Divisional Engineer,
Customer Service Centre, BSNL Thodupuzha.
4. Salila Prasad,
W/o. D.S.Prasad, Age 53 years,
Assistant Office Superintendent,
Customer Service Centre, BSNL,
Palluruthy, Cochin-5.
5. Leelamani K.K.,
W/o. Sadhasivan P.C., Age 52 years,
Assistant Office Superintendent, MDF, BSNL,
Boat Jetty Exchange, Ernakulam.
-11-
6. Valsaladevi M.,
W/o. K.N.Madhu, Age 55 years,
Assistant Office Superintendent,
O/o. the CAO (TR), BSNL,
Thodupuzha-685 585.
7. Meerabai E.B.,
D/o.Edakkandi Balakrishnan, Age 55 years,
Assistant Office Superintendent,
Project Udaan, BSNL,
BSNL Bhavan, Ernakulam. ...Applicants
(By Advocates Mr.P.P.Jnanasekharan)
versus
1. The Chairman and Managing Director,
Bharat Sanchar Nigam Limited, 5th Floor,
Bharat Sanchar Bhavan, Janpath,
New Delhi- 110001.
2. The Chief General Manager,
Kerala Telecom, B.S.N.L.,
Kerala Circle, Trivandrum-695033. ...Respondents
(By Advocates Mr.T.C.Krishna)
Original Application No.180/00557/2018
1. Babu C. Nair,
HR No. 198902003,
JAO, O/o.PGMT,
BSNL. Kottayam.
2. Sobhana Kumari S.S.,
HR No. 198913084,
Assistant Director Official Language (ADOL),
O/o.CGMT, Tvm.-33.
3. K.R. Jagadeesh,
HR No. 198901860,
AOS, O/o.PGMT, Kottayam.
-12-
4. Girija K.S.,
HR No. 1198901711,
JAO, BSNL, Kottayam.
5. Minimol P.S.,
HR No. 198803232,
JAO, O/o.PGMT,
BSNL, Kottayam.
6. Mariamma K.K.,
HR No. 198801422,
JAO, BSNL, Thiruvalla.
7. Mini V.P.,
HR No. 198608571,
JAO, BSNL, Kottayam.
8. M.P. Sreekumar,
HR No. 198800756,
AD(OL) (Officiating),
O/o.PGMT, BSNL, Kottayam.
9. S. Rajadev,
HR No. 198606879,
Jr. Accounts Officer,
O/o.DGM Marketing,
CTO Building, Statue,
TVM-695 001.
10. P.N. Sudharma,
HR No. 198901692,
AOS (G), BPC,
Thirunakkara, Kottayam.
11. Sherly Joseph,
HR No. 198801115,
AOS, CSC, Manarcad.
12. G. Thulasi,
HR No. 198801431,
AOS (P), BPC Thirunakkara, Kottayam.
-13-
13. Salijamony M.M.,
HR No. 198801168,
AOS, CSC, Pampady.
14. Rani Devi P.K.,
HR No. 198902000,
AOS (P), AO,
Mobile Service, Kottayam.
15. V. Karthikeyan,
HR No. 198801430,
AOS, CSC, Vaikom.
16. Geetha K.S.,
HR No. 198901979,
AOS, General Section,
O/o.PGMT, BSNL, Kottayam.
17. Narayanan Nampoothiri K.N.,
HR No. 198901511,
AOS, Staff Section, O/o.PGMT,
BSNL, Kottayam.
18. Roy M.P.,
HR No. 198801451,
AOS (P), Staff Section,
O/o.PGMT, Kottayam.
19. Mohan B. Panicker,
HR No. 198801444,
AOS (P), Mobile CSC, Kottayam.
20. Rosamma John,
HR No. 198801470,
Jr. Accounts Officer,
O/o.PGMT, Kottayam.
21. Hari K.,
HR No. 198902001,
AOS, CSC, BSNL,
Ramapuram - 686 576.
-14-
22. Anil C.K.,
HR No. 198901683,
AOS, TRI, O/o.PGMT,
BSNL, Kottayam.
23. Baby Thomas,
HR No. 198801435,
AOS, CSC, BSNL Pala.
24. Mini S.,
HR No. 198901740,
AOS, CSC Pala, BSNL,
Pala, Kottayam.
25. Anandachandran P.D.,
HR No. 198801064,
AOS, CSC, Uzhavoor, Kottayam.
26. N.D. Aravindakshan,
HR No. 198801437,
AOS, ETR (Rtd.).
27. Muthuswamy,
HR No. 198901752,
Sr. Telecom Office Assistant (G) (Rtd.),
BSNL, Bill Payment Centre,
E 10 B Exchange,
CSC, Kottayam-686 001.
28. K.K. Vijayan,
HR No. 198801165,
Sr. Telecom Office Assistant (P) (Rtd.),
CSC, BSNL, Pampady P.O.,
Kottayam -686 502. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
-15-
1. Union of India represented by Secretary,
Government of India,
Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi-110 001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
4. The Principal General Manager,
O/o.PGMT, BSNL Bhavan,
Kottayam-686 001. ...Respondents
(By Advocates Mr.S.Ramesh, ACGSC [R1]
& Mr.T.C.Krishna [R2-4] )
Original Application No.180/00992/2018
K. Vijayalakshmi, Age 54 years,
(HR. No. 198704413),
W/o. Karthikeyan Nair G,
Assistant Office Superintendent,
O/o.the Accounts Officer (Estt.),
GMTD Alappuzha.
Residing at Nareenchil House,
Chingoli P.O., Harippad,
Alappuzha-690 532. ...Applicant
(By Advocates Mr.P.P.Jnanasekharan)
versus
1. The Chairman and Managing Director,
Bharat Sanchar Nigam Limited,
5th Floor, Bharat Sanchar Bhavan,
Janpath, New Delhi- 110001.
-16-
2. The Chief General Manager,
Kerala Telecom, B.S.N.L.,
Kerala Circle, Trivandrum-695033. ...Respondents
(By Advocates Mr.T.C.Krishna)
Original Application No.180/00354/2018
1. Smt. Kamakshy. C.V,
H.R No. 198703769,
Assistant Office Superintendent (G),
Office of the General Manager Telecom,
Bharat Sanchar Nigam Ltd., Palakkad-678 014.
Aged 56 years, W/o.P.N.Vaidyanathan.
Residing at 'Sree Narayana,
Kallekulangara P.O., Palakkad-678 009.
2. Smt. Parvathy.V.P,
H.R No. 198703785,
Assistant Office Superintendent,
E.P Section, Office of the General Manager Telecom,
Bharat Sanchar Nigam Ltd., Palakkad - 678 014,
Aged 56 years, W/o.K. Rajan.
Residing at Renjith Vihar, Ummini,
Dhoni P.O, Palakkad-678 009.
3. Smt. Mayadevi.V,
H.R No. 198504724, Office Superintendant,
P.C Section, Office of the General Manager Telecom,
Bharat Sanchar Nigam Ltd., Palakkad - 678 014,
Aged 55 years, W/o. P. V. Sukumaran.
Residing at 'Anagha', 18/401 (1), House No 25A,
Karala Street, Sulthanpet, Palakkad-678 001. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India, Ministry of Telecommunications,
Government of India, New Delhi-110001,
Represented by Secretary.
-17-
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi - 110 001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
4. The General Manager,
Office of the General Manager Telecom,
Bharat Sanchar Nigam Ltd.,
T.B Road, Palakkad - 678 014.
5. The Principal General Manager
O/o.PGMT, BSNL, Kovilakathumpadam,
TDVA Road, Trissur. ...Respondents
(By Advocates Mr.T.C.Krishna)
Original Application No.180/00487/2018
1. Babukuttiyil,
HR 198806691,
AOS, Mobile Customer Service Centre,
BSNL Centre, Post Office Road, Thrissur.
2. Sajini C.P.,
HR 198806585,
AOS (P), CSC, Chalakudy,
Thrissur - 680307.
3. Jayasree P.V.,
HR 198807665,
AOS (P), CSC Centre,
Punkunnam, Thrissur-680 002.
4. Sathidevi E.R.,
HR 198803084,
AOS (P), CSC Centre,
Kombodinjamakkal, Thrissur.
-18-
5. Usha C.,
HR 198801881,
AOS (P), Call Centre,
O/o.PGMT, BSNL, Thrissur.
6. Reena Francis,
HR 198800520,
AOS (P), TRA, BSNL Centre,
Thrissur 680 001.
7. Sujatha P.В.,
HR 198700912,
AOS (G), TRA, BSNL Centre,
THRISSUR-680001.
8. Kanchana K.B.,
HR 198800960,
AOS (P), CSC,
Telephone Bhavan,
Mala 680 732.
9. Molly G.M.,
HR 198501716,
OS, O/o.SDE Call Centre,
PGMT Office, Thrissur.
10. E.K. Rajalekshmi,
HR 198802671,
AOS (P), Tele Exchange,
BSNL, Kodakara - 680 684.
11. T.M.Lekha,
HR 198802665,
AOS (P), L&B Section,
O/o.PGMT, BSNL, Thrissur -22.
12. Ajith Kumar K.,
HR 198803504,
AOS (T), CSC, BSNL,
Kodungallur, Thrissur-680 664.
-19-
13. A.M. Girija,
HR 198906906,
AOS (T), CSC, BSNL,
Kodungallur, Thrissur -680 664.
14. Ajit P.,
HR 198804875,
AOS, O/o.SDE, BSNL,
Perinjanam, Thrissur-680 686.
15. Girija T.,
HR 198802596,
AOS (P), Commercial Section,
BSNL Bhavan, Kolothumpadam,
Thrissur.
16. P. Sudha,
HR 198804825,
AOS (P), CSC,
Kandassankadavu,
Thrissur-680 613.
17. Mary M.C.,
HR 198503847,
OS, Commercial Section, O/o.PGMT,
Sanchar Bhavan, Kovilakathumpadam, P.O.,
Thiruvambady, Thrissur -22. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India represented by Secretary,
Government of India, Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi-110 001.
-20-
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
4. The Principal General Manager,
O/o.PGMT, BSNL Bhavan,
Kovilakathumpadam, Thiruvambadi P.O.,
Trissur - 680 022. ...Respondents
(By Advocates Mr.M.K.Padmanabhan Nair, ACGSC [R1]
& Mr.T.C.Krishna [R2-4])
Original Application No.180/00493/2018
1. Chandradasan A.,
HR No. 198603135,
Office Superintendent (P),
BSNL CSC, Mananthavady,
Wayanad, Calicut SSA.
2. Praseetha M.,
HR No: 198803022,
AOS, O/o.GMT, Calicut.
3. Vijayalakshmi M.N.,
HR No: 198803000,
AOS, O/o.GMT, Calicut.
4. Usha Kumari V.V.,
HR No: 198803502,
AOS, O/o.GMT, Calicut.
5. Shoukathali K.P.,
HR No: 198910786,
AOS, CSC, E-10B, Exchange Building,
Palayam, BSNL, Calicut -673 002.
6. Harsha T.,
HR No: 198806898,
AOS, CSC BSNL, Telephone Exchange,
Pantheerankavu, Kozhikode- 673 019.
-21-
7. Sobhana K.P.,
HR No: 198606026,
Jr. Accounts Officer (offg.),
O/o.GMT, Calicut.
8. Sivadasan N.K.,
HR No:198703700,
AOS, Project Vijay,
O/o.GMT, Calicut.
9. T.P. Susha,
HR No: 198703544,
AOS, O/o.GMT, Calicut.
10. Santhosh Kumar P.,
HR No: 198911559,
AOS, O/o.GMT, Calicut.
11. Pushpalatha P.,
HR No: 198803508,
AOS, TRA Unit,
(OSP) Section, E-10B,
Exchange Building,
Palayam, BSNL,
Calicut-673 002.
12. Mallika R.
HR No: 198802338,
AOS, TRA Unit,
(OSP) Section, E-10B,
Exchange Building,
Palayam, BSNL,
Calicut - 673 002.
13. Susheela P.,
HR No: 198807397,
AOS, CSC Palayam, E-10B,
Exchange Building,
Palayam, BSNL,
Calicut-673 002.
-22-
14. Anitha Sasikumar,
HR No: 198903667,
AOS (TG), CSC Palayam, E-10B,
Exchange Building, Palayam,
BSNL, Calicut 673 002.
15. Krishnan Kutty,
HR No: 198802333,
AOS, Call Centre,
Mananchire Exchange,
Calicut- 673 001.
16. K.K. Basheer,
HR No: 198911659,
AOS, CSC, Nadapuram.
17. Moosa K.,
HR No: 198807084,
AOS, CSC, Nadapuram.
18. Sreelatha,
HR No: 198606074,
OS (TG), O/o.SDE,
CSC, Manavechira, Calicut.
19. Sethuraj M.N.,
HR No: 198911616,
AOS, O/o.SDE (exth),
Mananchire Exchange,
Calicut - 673 001.
20. K. Radha,
HR No: 198807075,
OS (P), Tele Exchange MDF,
BSNL, Koyilandi.
21. Sheeba Solomon C.,
HR No: 198803052,
AOS, O/o.GMT, Calicut.
-23-
22. K.K.Balakrishnan,
HR No: 198703212,
OS, CSC, Vadagara,
Calicut -673 101.
23. Komalavalli T.,
HR No: 198602468,
OS, CSC, Mananchira,
Calicut-1.
24. Sheela Mathew,
HR No: 198803581,
AOS, CAF Section,
Tele Exchange,
Mananchira, Kozhikode.
25. T.P. Pushpa,
HR No: 198605749,
OS, BSNL, Quilandy-673 305.
26. Sivasankaran K.,
HR No: 198504087,
OS Call Centre,
Central Tele Exchange,
Mananchira, Calicut -1.
27. Rabiya P.,
HR 198504081,
OS (T), General Section,
O/o.GMT, BSNL,
Calicut 673 001.
28. Anoop Kumar M.,
HR No: 198604421,
OS, CSC, Pulpally, Wayanad.
29. C.M. Jayarajan,
HR No: 198802316,
AOS, CSC, West Hill,
Calicut-673 005.
-24-
30. Girija Sankar,
HR No: 198800963,
AOS (P), Tender Section,
O/o.PGM No.2,
Barathi Park Cross Road,
MTP Road, Coimbatore 641 043.
31. Murali A.K.,
HR No: 198803414,
AOS, O/o.GMT, Calicut.
32. Santhi R,
HR 198809980,
AOS (P), BSNL CSC,
Quilandy, Calicut.
33. Bhagyalakshmi V.,
HR 198802557,
AOS, Staff Section,
O/o.GMT, BSNL, Calicut -1.
34. K. Sreenivasan,
HR 198807407,
AOS, Bill Section,
O/o.GMT, BSNL,
Calicut-1.
35. Pyarilal G,
HR No: 198803267,
AOS (P), CSC, O/o.GM Telecom,
BSNL, Kozhikode-673 001.
36. Vinodan P.V.,
HR No: 198809979,
AOS, TRA, O/o.GMT,
BSNL, Palayam, Calicut - 2.
37. Chithra N,
HR No: 198803198,
AOS (P), Call Centre,
Mananchira, Calicut-1.
-25-
38. A. G. Chandran,
HR No. 198806219,
AOS, Mobile CSC,
Telephone Bhavan, Kalpetta.
39. Kunhan C.C.,
HR No. 198806766,
Office Superintendent,
R.M.Project, Vijay Kalpatta Division,
SDOT Office, BSNL, Kalpetta. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India represented by Secretary,
Government of India, Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi-110 001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle, Thiruvananthapuram - 695 033.
4. The General Manager Telecom,
BSNL, Balan K. Nair Road, Calicut- 01. ...Respondents
(By Advocates Mr.S.Ramesh, ACGSC [R1]
& Mr.T.C.Krishna [R2-4])
Original Application No.180/00550/2018
1. Sarala T.S.,
HR No. 198915244,
Assistant Office Superintendent,
Customer Service Centre, BSNL,
Telephone Exchange Building,
Tripunithura-682 301.
-26-
2. Radhamany K.,
HR No. 198915274,
AOS, CSC, BSNL,
Telephone Exchange Building,
Palarivattom-682 025.
3. R. Geetha Devi,
HR No. 198915227,
AOS, CSC, BSNL, Chenganad-683 578.
4. Suja P.V.,
HR No. 198915235,
AOS, Divisional Engineer Telecom Office,
Kolencherry - 682 311.
5. P.B. Revamma,
HR No. 198915341,
AOS, Cash Section, O/o PGMT,
BSNL Bhavan, Ernakulam- 682 016.
6. Thulasi P.K.,
HR No. 198915373,
AOS, CSC, Tripunithura,
Ernakulam - 682 301.
7. Mohanan A.V.,
HR No. 198607064,
AOS, CSC, Palarivattom,
Ernakulam - 682 025.
8. Jessy P. Jacob,
HR No. 198808974,
AOS, CSC, BSNL,
Telephone Exchange,
Puthencruz- 682 308.
9. Ajitha P.,
HR No. 198915322,
AOS, Commercial OFC HQ,
O/o.PGMT, BSNL Bhavan, Kochi-16.
-27-
10. Sobhanakumari L.,
HR No. 198915360,
AOS, Cable Planning, O/o.PGMT,
Kalathiparambil Road, Kochi-16.
11. Mary K.P.,
HR No. 198806472,
AOS, O/o.Deputy General Manager,
Transmission Projects, EKM-682 020.
12. K. Prasanna,
HR No. 198915267,
Jr. Accounts Officer,
O/o.Deputy General Manager,
Transmission Projects, EKM-682 020.
13. K.P. Mini,
HR No. 198808984,
AOS, O/o.Accounts Officer (PC), BSNL Bhavan,
Kalathiparambu Road, Kochi-682 016.
14. Sailaja B. Nair,
HR No. 198915348,
AOS, O/o.SDE CSC,
Muvattupuzha-686 661.
15. E.H. Najeema,
HR No. 198808911,
AOS, CSC, Koovappady,
Perumbavoor-683 544.
16. Sudha E.V.,
HR No. 198808973,
AOS, O/o.SDE External Centre,
CSC, Perumbavoor-683 542.
17. Sreedevi P.,
HR No. 198915233,
AOS, O/o.AO (TR-3), BSNL,
CTO Building, Karakkattu Road,
Cochin - 16.
-28-
18. Pushpalatha M.S.,
HR No. 198808902,
AOS, BSNL Bhavan, O/o.SDE Building,
Plng., 6th Floor, Ernakulam.
19. Ushadevi K.G.,
HR No. 198808900,
AOS, O/o.AOTRVAS, CTO Building,
Karakkattu Road, Kochi - 16.
20. Raji M.I.,
HR No. 198915277,
AOS, AO TR OSP Section,
CTO Building, Karakkatu Road, Kochi-16.
21. Sula K.В.,
HR No. 198915247,
AOS, AOTRI, CTO Building,
Cochin - 16.
22. Jacintha George,
HR No. 198607082,
AOS, GSM Call Centre,
Boat Jetty Exchange, Ernakulam.
23. Prasanna S.,
HR No. 198808961,
AOS, O/o.PGMT,
BSNL Bhavan, Ernakulam.
24. Geetha Krishna Kumar,
HR No. 198808971,
AOS, O/o.PGMT,
BSNL Bhavan, Ernakulam.
25. Unnikrishnan Nair,
HR No. 198808924,
AOS, O/o.PGMT,
BSNL Bhavan, Ernakulam -16.
-29-
26. Shamsudeen A.M.,
HR 198505406,
AOS, CSC, CIAL, Nedumbassery.
27. K.K. Baby,
HR No. 198408268,
OS, CSC, Aluva, Ernakulam. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India represented by Secretary,
Government of India,
Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi-110001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
4. The Principal General Manager,
O/o PGMT, BSNL Bhavan,
Ernakulam, Kerala - 682 016. ...Respondents
(By Advocates Mr.S.Ramesh, ACGSC [R1]
& Mr.T.C.Krishna [R2-4)
Original Application No.180/00549/2018
1. Joseph P.T.,
HR No. 198801291,
Assistant Office Superintendent,
O/o.SDE (RMC), BSNL, Alappuzha.
-30-
2. Sreedevi C.S.,
HR No. 198904251,
AOS, CSC, BSNL, Telephone Exchange,
Kuthiyathode, Cherthala, Alappuzha.
3. Sreekala Panicker M,
HR No. 198802588,
Assistant Office Superintendent,
Estt. Section, O/o.GMTD, Alappuzha.
4. Mangala Gouri P.,
HR No. 198802653,
AOS, BSNL, Cherthala.
5. Bhanumathy M.,
HR No. 198915349,
Assistant Office Superintendent,
CSC, Muthukulam, Kayamkulam.
6. Renuka Devi R.,
HR No. 198917424,
Accounts Officer (Sales & Mobiles),
CSC, CTO Building, Alappuzha.
7. Ratheedevi G.,
HR No. 198901801,
Jr. Accounts Officer (OSP),
O/o.GMTD, Alappuzha.
8. Suprabha K.V.,
HR No. 198901845,
Assistant Office Superintendent,
TRA section, O/o.GMTD, Alappuzha.
9. Lalitha V.R.,
HR No. 198802586,
AOS, O/o.GMTD, Alappuzha. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
-31-
versus
1. Union of India represented by Secretary,
Government of India,
Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi - 110 001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
4. The General Manager,
O/o.GMT, BSNL Bhavan,
Alappuzha - 688 011. ...Respondents
(By Advocates Mr.V.A.Shaji, ACGSC [R1]
& Mr.T.C.Krishna [R2-4])
Original Application No.180/00485/2018
1. Preetha Rajan,
HR No. 198912534,
AOS, Accounts Section (CMTS),
O/o.GMT, BSNL, Sanchar Bhavan,
Palakkad -678 014.
2. Suseelakumari M.P.,
HR No. 198912908,
AOS (TG), OP Section, O/o.GMT,
BSNL, TD Road, Palakkad - 678 014.
3. Rajan G.,
HR No.198504848,
AOS (TL), CSC, O/o.GMT,
TB Road, Palakkad-678 014.
-32-
4. A.K. Jayashree,
HR No.198606226,
OS (TL), CSC, CTO,
BSNL, Palakkad-678 001.
5. P.T. Santharam,
HR No. 198807797,
AOS, CSC, CTO,
BSNL Palakkad-678 001.
6. Shobhana K.,
HR No. 198504893,
Telephone Exchange, 2nd Floor,
UDAAN Section,
T.B. Road, Palakkad 678 014.
7. Sailaja P.,
HR No. 198807475,
AOS, Estt. Section,
O/o.GMT, BSNL,
Sanchar Bhavan,
Palakkad - 678 014.
8. Sushamakumari V.,
HR No.198912558,
AOS, CSC, CTO Palakkad,
BSNL, CTO Building,
HPO Road, Palakkad - 678 001.
9. T.S. Pushpa,
HR No. 198807595,
AOS, PC Section,
O/o.GMT, BSNL,
Sanchar Bhavan,
Palakkad - 678 014.
10. Valsalakumari T.,
HR No. 198913071,
AOS, Accounts Section,
O/o.GMT, BSNL,
Sanchar Bhavan, Palakkad-678 014.
-33-
11. P.K. Poulose,
HR No.198807457,
AOS, CSC GM(O), O/o.GMT, BSNL,
Sanchar Bhavan, Palakkad - 678 014.
12. Nirmala K.,
HR No. 198807590,
AOS, CSC Telephone Exchange,
Alathur, Palakkad - 678 541.
13. Hema R. Krishnan,
HR D5020699,
Emp. Code - 1901865,
Sr. TOA(P), SSS, TO 10809, MTNL,
O/o.DE O/D-1 (SHD) Shahdara,
Dilshad Garden, Delhi - 110 095.
14. K.K. Sasidharan,
HR 198807477,
Telephone Operator (Rtd.),
O/o.GMT, BSNL, Palakkad. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India represented by Secretary,
Government of India,
Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi-110 001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
-34-
4. The General Manager,
BSNL, Sanchar Bhavan,
Palakkad - 678 014. ...Respondents
(By Advocates Mr.M.K.Padmanabhan Nair, ACGSC [R1]
& Mr.T.C.Krishna [R2-4])
Original Application No.180/01037/2018
1. Basheer S.,
HR No. 198605772,
AOS, O/o.SDE,
BSNL Chavare, Kollam.
2. Laly T. Thomas,
HR No. 198700527,
AOS, CSC, BSNL, Adoor.
3. K.M.George Kutty,
HR No. 198703836,
AOS (P), O/o.SDE, CSC,
BSNL, Chathannoor.
4. Jalaja Kumari S.,
HR No. 198703592,
AOS, O/o.SDE,
BSNL, Sasthamcotta.
5. Saleena Beegum A.,
HR No. 198703556,
AOS, O/o.SDE, Karunagappally.
6. R. Rishikesan,
HR No. 198703146,
Jr. Telecom Officer,
Telephone Exchange, BSNL,
Pathanapuram, Kollam Dt.
7. Janet Sudha,
HR No. 198807473,
AO, TRCC, O/o.GMTD,
BSNL, Kollam.
-35-
8. Marykutty P.C.,
HR No. 198703490,
SDE, Valakom, Kollam.
9. Sasilekathankachi A.,
HR No. 198703642,
O/o.GMTD, BSNL, Kollam.
10. Remadevi P.,
HR No. 198911537,
JAO, O/o.GMTD,
BSNL, Kollam.
11. Rassia Beegam,
HR No. 198807317,
AOS, O/o.GMTD,
BSNL, Kollam.
12. Sheela O.,
HR No. 198911667,
AO, O/o.GMTD,
BSNL, Kollam.
13. Jaya C.K.,
HR No. 198807004,
AOS, O/o.GMTD,
BSNL, Kollam.
14. Jyothilekshmi K.N.,
HR No. 198606208,
AOS, O/o.GMTD,
BSNL, Kollam.
15. Sathyan N.,
HR No. 198407369,
JE (FTTH), BSNL,
Chathannoor, Kollam.
16. Pushpavally,
HR No. 198911678,
Telephone Exchange, Karunagappally.
-36-
17. S. Sreelekha,
HR No. 198909495,
AOS, Establishment Section,
O/o.CGMT, PMG Junction, Palayam,
Thiruvananthapuram - 695033. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India represented by Secretary,
Government of India, Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi - 110 001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
4. The Principal General Manager,
O/o.SDE, BSNL Bhavan, Kollam- 691001.
5. The Principal General Manager,
O/o.PGMT, BSNL Bhavan, Uppalam Road,
Thiruvananthapuram - 695 001. ...Respondents
(By Advocates Mr.N.Anilkumar, Sr.PC [R1]
& Mr.T.C.Krishna [R2-5])
Original Application No.180/01036/2018
1. Prasanna T.M.,
HR No. 198912623,
AOS, O/o.CSC,
BSNL, Tirur,
Malappuram - 676 104.
-37-
2. Molly M.M.,
HR No. 198807667,
AOS, AGM Admin Section,
O/o.GMT, Malappuram - 676 505.
3. Radhabai T.Κ.,
HR No. 198806879,
OS (P), O/o.SDE (CS),
BSNL, Ponnani - 679 577,
Malappuram (Dt.).
4. Ravichandran P.,
HR No. 198806926,
OS (P), O/o.SED (CSC),
Nilambur-679 329. ...Applicants
(By Advocates Mr.P.Santhoshkumar, Mr.K.P.Chandrasekhar &
Mr.V.Ananda Shenoy)
versus
1. Union of India represented by Secretary,
Government of India, Ministry of Telecommunications,
New Delhi-110 001.
2. Chairman and Managing Director,
Bharat Sanchar Nigam Ltd.,
Sanchar Bhavan, New Delhi - 110 001.
3. The Chief General Manager,
Bharat Sanchar Nigam Ltd.,
Kerala Telecom Circle,
Thiruvananthapuram - 695 033.
4. The General Manager Telecom,
O/o.GMT, BSNL, DPO Road,
Up Hill P.O., Malappuram - 676 505. ...Respondents
(By Advocates Mr.N.Anilkumar, Sr.PC [R1]
& Mr.T.C.Krishna [R2-4])
-38-
These applications having been heard on 22 nd February, 2024 the
Tribunal on 22nd March 2024 delivered the following :
ORDER
HON'BLE Mr.K.V.EAPEN, ADMINISTRATIVE MEMBER The applicants in these 13 connected cases that have been taken up for consideration were all appointed in the erstwhile Department of Telecommunications (DoT) as Reserved Trained Pool - Telephone Operators (RTP-TO) on various dates in the 1980s. These O.As have been filed by groups of them on the basis of the concerned Telephone District/Division that they had been employed in. All of the applicants, after being appointed as RTP-TOs had been later regularized in service on different dates. They have filed these O.As seeking further regularization of what they call their 'casual service' period ie., their period of service as RTP-TOs till the date of regular appointment. They call for this period to be regularized and for granting all service and other consequential benefits. They seek this relief on the basis of orders of this Tribunal in O.A.No.133/2009, disposed of on 09.07.2010. Since there are as many as 13 O.As filed for this relief, we will take the contentions and pleadings made in 3 O.As ie., O.A.No.180/354/2018, O.A.No.180/492/2018 and O.A.No.180/640/2018 as the basis for ease of reference. It should be also noted that these -39- were O.As that learned counsel appearing for the applicants as well as learned counsel appearing for the BSNL had referred to during the course of oral hearings.
2. The learned counsel who has represented the applicants in most of the O.As has made his submissions on the basis of the facts and circumstances in O.A.No.180/354/2018. The applicants in O.A.No.180/354/2018 were 3 Assistant Office Superintendent (AOS)/Office Superintendent (OS) working in the office of the General Manager Telecom (GM-T), Bharat Sanchar Nigam Limited (BSNL), Palakkad. These 3 applicants had been all appointed as RTP-TOs in the year 1982. They claim that they were all recruited against regular vacancies but were only appointed as RTP-TOs. They were given a training for a period of three months during the period 1983 - 1984. It is contended that some others who trained with them had been given regular posting in the year 1983 itself. However, they were given regular appointment only later (27.08.1987 in the case of the 1 st and 2nd applicants and 11.07.1985 in the case of the 3 rd applicant). Similarly, O.A.No.180/492/2018 has been filed by as many as 44 AOS/OS/Senior Telecom Office Assistant (Sr.TOA) (retired)/Junior Engineer (JE) etc., who were working under the General Manager Telecom, BSNL, Kannur. -40- They had been given regular appointment as per the service particulars provided by them at Annexure A-10 in that O.A at various points in the years 1984 to 1989 though recruited in the years 1982 to 1986.
3. All the applicants in the O.As rely on the order of this Tribunal in O.A.No.133/2009 dated 09.07.2010 as stated earlier. That O.A had been filed by 4 employees of the BSNL who were working in Thiruvananthapuram, Kottayam, Pathanamthitta and Palakkad in the capacity of Sr.TOA etc. They too had been initially appointed as RTP-TOs under the BSNL but given regular employment later. This Tribunal, after noting earlier orders in O.A.No.661/1991 and O.A.No.1140/1993, found that the applicants in that O.A (O.A.No.133/2009) were similarly placed as the applicants in the aforesaid O.As. The Tribunal held that the principles laid down in O.A.No.661/1991 would, therefore, apply to the case on hand. It appears that all the 4 applicants had started their service in the Thiruvalla Division. The Tribunal noted in its order that the Director of Telecommunications, South Thiruvananthapuram had administratively approved creation of 10 posts of Telephone Operators in Thiruvalla Division with a rider that they should not be filled up until further clearance. It was also noted that the Telecom District Engineer in his -41- letter dated 04.03.1993 had recommended to regularize the applicants in the available vacancies. However, this proposal had not been accepted. The Tribunal noted that the proposal showed availability of vacancies and that the applicants had shown willingness for posting anywhere in Kerala in the proforma meant for declaring the willingness of RTP candidates for regular absorption in any recruiting units in Kerala. The Tribunal found that by showing their willingness, they had not forfeited their rights for regularization and seniority. Thus, in the overall facts and circumstances, the Tribunal was of the considered view in O.A.No.133/2009 that the applicants' case for regularization with effect from the date of their initial appointment should be considered, in light of the decision in O.A.No.661/1991. The respondents were directed to consider the case of the applicants and communicate the decision taken to them in a reasoned order within a period of three months from the date of receipt of a copy of the order.
4. The O.A.No.133/2009 was thus allowed by the Tribunal by order dated 09.07.2010. It then appears from the details provided that the matter was taken up by the respondents in O.P(CAT) No.158/2010 before the Hon'ble High Court of Kerala. The Hon'ble High Court dismissed the matter on 01.10.2010. The respondents then filed a S.L.P.No.6991/2011 -42- before the Hon'ble Apex Court which was later withdrawn on 23.08.2018. The matter was then agitated again before the Hon'ble High Court of Kerala in a Review Petition No.880/2013 in O.P.(CAT) No.158/2010. The Hon'ble High Court delivered its judgment in R.P.No.880/2013 on 10.08.2017. A copy of this judgment has been produced by the applicants along with the rejoinder filed in O.A.No.180/492/2018 at Annexure A-13. The Division Bench of the Hon'ble High Court of Kerala noted in its judgment that the S.L.Ps preferred by the respondents came to be withdrawn after final hearing, though with liberty to move the High Court by way of review. It was also noted that in the course of the judgment due to the non compliance of the directions given by the Tribunal, there had been Contempt of Courts proceedings drawn up and, as a result, directions were given by the BSNL Headquarters to have the verdict implemented. This was done by the orders/proceedings of the BSNL Kerala dated 04.08.2017, though the compliance of the directions of the Tribunal in O.A.No.133/2009 was made subject to the outcome of the Review Petition. The Hon'ble High Court after examining the matter in the Review Petition, including the claim of the Department contending that regularization cannot be claimed as a matter of right by the RTP Operators, by virtue of a ruling rendered in the Union of India & Anr. vs. K.N.Sivadas & Ors., 1997 -43- (7) SCC 30 by and large accepted the orders of this Tribunal. The Hon'ble High Court found no error apparent on the face of records to invoke the power of review. As such, the order dated 04.08.2017 of the respondents implementing the order in O.A.No.133/2009 in respect of the applicants in that O.A attained finality.
5. It is in the spirit of the above direction which regularized the service of the applicants in O.A.No.133/2009 from their date of initial appointment as RTP-TO that the applicants in all these O.As are claiming regularization from their respective date of initial recruitment/appointment as RTP-TO in various Telecom Divisions under the BSNL Kerala. It is their submission in the cases under consideration herein that, as per the principles laid down by the Hon'ble Apex Court, the benefit granted to one group of employees has to be extended to all similarly placed persons, automatically. Hence, all these applicants, who are similarly placed, are entitled to get the same benefit granted by the orders of this Tribunal in O.A.No.133/2009. They are similarly placed to the applicants in that O.A and thus the 'casual service' rendered by them has to be regularized with all consequential benefits. They rely on the judgment of the Hon'ble Apex Court in Ashwani Kumar & Ors. vs. State of Bihar & Ors., 1997 KHC 685 in this connection in support of -44- their contention that benefits should be extended to similarly situated persons. It is submitted that this is a declaratory judgment. The benefits flowing from such judgments are liable to be extended to others. In other words, the orders in O.A.No.133/2009 are akin to being a declaratory judgment, which was upheld by the Hon'ble High Court and the Hon'ble Apex Court and thus the benefits flowing from such a judgment are liable to be extended to all similarly situated persons. The applicants also rely on the decision of the Hon'ble Supreme Court in Union of India & Ors. vs. Rakesh Kumar & Ors., 2017 (13) SCC 388. It is contended that the period of casual service up to regularization has to be reckoned for the purpose of regularization of service with consequential benefits. Similarly, in Chadravathi.M vs. State of Kerala & Ors. (no citation given by the applicants) the Hon'ble High Court had held that when similarly situated persons are given the benefit of regularization, the same would be extended to the similarly placed persons also.
6. The respondents countered these contentions in the reply statement filed in all the O.As. The reply statement filed in O.A.No.180/354/2018 and in O.A.No.180/492/2018 are relied upon in outlining these issues. At the outset, they have maintained that the O.As are all highly barred by limitation. The order of this Tribunal in O.A.No.133/2009 was dated -45- 09.07.2010. Thus it was passed way back in the year 2010 and the case of the applicants therein for regularization with effect from their date of initial appointment had been directed to be considered in the light of the decision of this Tribunal in an even earlier O.A.No.661/1991. It is contended that the order of this Tribunal in O.A.No.133/2009 can be considered to be only an order in personam and not an order in rem. As pointed out by the respondents in the reply statement in O.A.No.180/492/2018, the date from which the applicants therein have sought regularization of service as shown in the Annexure A-10 list, lies on various dates between 1985 to 1989. The applicants are thus raising a claim for regularization with effect from the date of their initial engagement for the first time after 30 years. As noted, O.A.No.133/2009 had been disposed of in the year 2010 itself. However, the applicants have not stated any valid reason for not making their claim, at least at that point of time. Even assuming for argument's sake that the applicants have a right to be regularized from their initial date of engagement, they ought to have raised this claim within a reasonable time at that time. The present claim being thus highly belated and without any valid reason for the inordinate delay would put the respondents to heavy financial burden if allowed. It would spark similar claims to be raised across the country. -46-
7. In this connection, the learned counsel for the respondent/BSNL in O.A.No.180/354/2018 and O.A.No.180/492/2018 also pointed out to the fact that this issue had come up on the first day of listing of the O.As concerned. The notice had been taken up by the learned counsel on behalf of the respondent/BSNL pointing out that they had serious objections regarding the delay that has occurred in filing the O.A. He had then prayed for leaving open the issue of delay to be considered by this Tribunal and the O.As were admitted recording the aforesaid submission. Hence, the issue of delay in the O.As is a live issue agitated right from the date that the O.As had been filed. The respondents then relied on A.P.Steel Re-rolling Mill Ltd., vs. State of Kerala & Ors. & Connected cases, (2007) 2 SCC 725, wherein, the Hon'ble Supreme Court held that the benefit of a judgment is not extended to a case automatically if there is long delay in approaching the Court. The same may disentitle the party to obtain discretionary relief. A similar position was reiterated in S.S.Balu & Anr. vs. State of Kerala & Ors., 2009 (2) SCC 479 wherein it was held that "Delay defeats equity. Relief can be denied on the ground of delay even though relief is granted to other similarly situated person who approached the court in time." Thus, in view of the law laid down in these judgments, it is submitted that all the O.As were liable -47- to be dismissed. Moreover, the applicants have not given any valid reason as to why this inordinate delay occurred in approaching the Tribunal.
8. We note that the above contentions in relation to delay are quite serious. We shall return to them later. Meanwhile, the respondents themselves submitted details in relation to the merits and facts and circumstances, under which the RTP-TOs were engaged in the beginning of 1980s. It is clarified that the Reserve Trained Pool had been set up in October, 1980 under a Circular of the Government of India dated 30.10.1980. This is produced by the respondents at Annexure R-4(a). As per the Circular, a scheme had been framed for constitution of a standing pool of Trained Reserve candidates in each recruiting unit, to meet short time needs. It was decided that RTPs were to be called on short duty, as and when required. The Circular had also provided that, after the main list was drawn up, a specific additional reserve list of candidates equal in number to 50% of the number of candidates in the main select list will be drawn up. The candidates in the reserve list would also be imparted training like the candidates in the main list. The candidates in reserve list after training would then constitute a standing pool of trained reserve. The scheme had also provided that the RTPs would be paid on a hourly -48- rate basis. They would be employed according to needs, subject to a maximum of 8 hours per day. It was also provided that they would continue as such, till they were absorbed in regular vacancies in due course of time. It is submitted that it is clear from the Annexure R-4(a) Circular of 30.10.1980 that in a regular recruitment process, the candidates topping the merit list would be selected against regular vacancies available. However, a certain additional number of candidates were to be earmarked as RTPs against future vacancies. It is thus clear that there were no vacancies for regularizing these candidates immediately after their training and they were accordingly posted on short term duty.
9. It is contended by the respondents that all the applicants in these O.As had continued as RTP-TOs till they were eventually absorbed as regular employees on different dates. The respondents seek to make clear distinction between those regularly selected right from the beginning and those who were selected for the Reserve Trained Pool to be regularized in course of time. It is submitted that vide letter dated 28.07.1987, the respondents had called for an option from all the RTP candidates seeking their willingness to get absorbed under any recruiting unit in Kerala Circle or even in other Circles. A copy of this letter is -49- produced in the O.A.No.180/354/2018 as well as in the O.A.No.180/492/2018 at Annexure R-4(b). This was done to ensure that these RTP candidates eventually get absorbed in the department, even if vacancies did not initially exist in the divisions where they were recruited as RTPs. It is submitted that the post of Telephone Operators had become a dying cadre, due to the introduction of the electronic exchanges. Instead of additional vacancies getting created, existing people started coming under the surplus pool. The respondents had, therefore, tried to accommodate them fully by calling for the options as indicated earlier. Some of the candidates were sent for training in the cadre of TOA, which was an entirely different cadre. Later they were appointed as TOAs in the department. It is therefore clear according to the respondents that there had been no vacancies in the Telephone Operator cadre to accommodate the applicants initially unlike as contended by them. In respect of representations by the applicants attached at Annexure A-3 and Annexure A-5 in O.A.No.180/354/2018, the respondents contend that the applicants have submitted certain statistics therein without any supporting documents or revealing the names of the officials. Further, the respondents cannot take any action on such representations submitted more than 30 years after the date of their regularization, without any supporting documents as proof of claim. -50- They also contend that it is not understood as to why the applicants waited for more than 30 years without even giving a representation to the respondents if they were so aware that vacancies had existed in their divisions. On the contrary the respondents have contended that, if actually there were regular vacancies existing at the time when the applicants were working as RTPs, the applicants would not have waited for so long till the final verdict in another case was announced, in order to file a representation before the respondents. From all the above submissions it is the contention of the respondents that the claim for regularization for the period in which there were no vacancies has no merit and is liable to be rejected. It is reiterated that these candidates had approached the Court after a lapse of 30 years, which causes the case to be badly time barred. The O.A should thus be dismissed on this ground.
10. At the time of oral submissions, learned counsel for the respondents, Shri.T.C.Krishna again put forth the contention that delay in this matter is quite apparent. There was no way for the applicants to get around it. In relation to representations being submitted late as a technique to overcome limitation issues, he drew attention to the judgment of the Hon'ble Supreme Court in Union of India & Ors. vs. -51- M.K.Sarkar (2010) 2 SCC 59. At paragraph 14 of the judgment the Hon'ble Supreme Court observed that the order of the Tribunal allowing the first application of respondent without examining it on merits and directing the appellants to consider the representation had given rise to unnecessary litigation and avoidable complications. In fact, the Hon'ble Apex Court in its observations also drew attention to the ill effects of such directions. It noted that the Court had already considered the issue in C.Jacob vs. Director of Geology and Mining (2008) 10 SCC 115 wherein it was observed that when the representation was considered and rejected the ex-employee filed an application/writ petition, not with reference to the original cause of action of 1982, but by treating the rejection of the representation given in 2000 as the cause of action. A prayer was then made for quashing the rejection of representation and for grant of the relief claimed in the representation. It was noted that the Tribunals/High Courts routinely entertain such applications/petitions, ignoring the huge delay preceding the representation and also proceed to examine the claim on merit and grant relief. In this manner, the bar of limitation or the laches gets obliterated or ignored. The Hon'ble Apex Court then observed in paragraph 15 of M.K.Sarkar (supra) that when a belated representation in regard to a 'stale' or 'dead' issue/dispute is considered and decided, in compliance with a direction by the -52- Court/Tribunal to do so, the date of such decision cannot be considered as furnishing a fresh cause of action for reviving the 'dead' issue or time barred dispute. The issue of limitation or delay and laches should be considered with reference to the original cause of action and not with reference to the date on which an order is passed in compliance with a court's direction. Learned counsel then pointed to Rabindra Nath Bose & Ors. vs. Union of India & Ors., 1970 (1) SCC 84 where the Hon'ble Supreme Court had held that there was a limit to the time which could be considered reasonable for making representations. If the Government has turned down one representation, the making of another representation on similar lines would not enable the petitioners to explain the delay.
11. Drawing from all the above citations, the respondents submit that all the applicants in these O.As were seeking a relief, relying on the order dated 09.07.2010 passed by this Tribunal in O.A.No.133/2009 filed by Smt.Syamala.M.L and 3 others. It is contended by the respondents in their reply statement that the contentions of the applicants that they are similarly placed as the applicants in O.A.No.133/2009 was baseless in any case. It is true that the applicants in O.A.No.133/2009 had also been selected as RTPs in the department and had been posted on short duty, as had the applicants in these cases. -53- However, in the said O.A.No.133/2009 this Tribunal had observed that 10 new posts had been created in Thiruvalla Division which were available for regularizing the applicants therein. The applicants were thus regularized against the said vacancies. The applicants in all the present O.As were however recruited for different Telephone/Telegram Divisions across the Kerala Circle. The Telephone Operator posts were created division wise. The applicants can make a justified claim for regularization only if there were clear vacancies in their division at that time, as was the case of the applicants in O.A.No.133/2009. The only reason that the applicants in O.A.No.133/2009 belonging to Thiruvalla Division were regularized was because of the availability of vacancies at that time in Thiruvalla Division, The applicants in the cases herein cannot claim regularization on similar grounds. Thus their claim that their case is similar to O.A.No.133/2009 is baseless.
12. It is submitted by the respondents that the BSNL Corporate Office had issued a letter dated 08.08.2018, produced at Annexure R-4(c), explaining in detail the matter of regularization of RTP cases. It was concluded that all such employees were not entitled for any regularization of the RTP service rendered by them as short duty, for grant of consequential benefits. It was reiterated that when the -54- O.A.No.133/2009 was pending consideration, none of the applicants had raised a claim for regularization. To give representation as late as in October, 2018, for a claim that, if correct, fructified more than 35 years ago, shows that there was no real grievance. The O.As, therefore, had been filed on an experimental basis clearly with the knowledge that their case was not related to O.A.No.133/2009. The O.A.No.133/2009 was disposed of as early as in 2010, but as noted earlier, the applicants did not give any valid reason for not making their claim, at least from that point of time. It is submitted that calculating the period of limitation after the final judgment of the Hon'ble High Court in this matter was issued in the Revision Petition is not correct and does not justify their not approaching to the Courts/Tribunals in time. In case the O.As were allowed after this long interval, there could be questions relating to inter- se seniority among the Telephone Operators coming up. Such matters which have been already settled a long time back being agitated later is covered by the judgment of the Hon'ble High Court of Kerala in Pavithran.V.K.M & Anr. vs. State of Kerala & Ors., 2009 (4) KHC 4. It was held therein that if there was any dispute as to seniority, it has to be challenged before the appropriate authority at the appropriate time. It is a well settled principle in service jurisprudence, that a person who enjoyed a seniority position for quite some time is entitled to 'sit back'. -55- The seniority position so given and accepted, shall not normally be disturbed lightly. It was not in the interest of administration or in the public interest to allow a person who slept over his right to rake up a stale claim tinker with the seniority list and demoralize other members of the service. In short, it is submitted that none of the grounds raised by the applicants are sustainable either on merit or due to extreme laches caused by the inordinate delay. The contention that the 'casual' service of the applicants has to be regularized with all consequential benefits, as done by the order in O.A.No.133/2009, is baseless. The applicants have not produced any documentary evidence to prove that there existed any vacancies at that time when they were working as RTPs.
13. The applicants have sought to meet the contention of the respondents in relation to the non availability of any proof regarding vacancies existing at the relevant point of time in some of the rejoinders filed in the O.As. They have produced a Recruitment Notice for Telephone Operator issued for the year 1983 along with the rejoinders to the reply in some of the O.As. This Recruitment Notice of 1983 they contend proves that the department had sought to fill up around 77 vacancies under Unreserved category, 10 vacancies under Ex- Serviceman category, 19 vacancies under ST category and 12 vacancies -56- under SC category against regular posts in various Telephone Districts and Telegraph/Telephone Engineering Divisions. Further, the Recruitment Notice also sought to fill up around 313 vacancies under Unreserved category, 37 vacancies under Ex-Serviceman category, 27 vacancies under ST category and 33 vacancies under SC category against standing pool of Trained Reserve. It is contended in the rejoinder filed in some of the O.As as at Annexure A-13 in O.A.No.180/354/2018 that this shows the contention of the respondents that the applicants in these cases were not similar to the applicants in O.A.No.133/2009 was incorrect. The respondents had stated that the only reason that the applicants in O.A.No.133/2009 had been regularized was because of availability of vacancies at that time in the Thiruvalla Division, and that the applicants, herein, cannot claim regularization on the same basis. However, the Recruitment Notice of 1983 reveals that there were a large number of vacancies across the Kerala Circle in various Telephone/Telegraph Engineering and Telephone Divisions. In addition, the applicants contend that some officials had been promoted from the existing posts of Telephone Operators to Inspectors in 1983. In relation to the two O.As taken up for detailed consideration it was thus crystal clear that there were sufficient vacancies in Palakkad and Thrissur Divisions for regularization of the RTP services of the applicants at least in 1983. -57- Thus they were similarly situated to the applicants in O.A.No.133/2009. It was pointed out that a similar stand had been taken by the respondents in O.A.No.133/2009 about the lack of vacancies. This had been rejected by this Tribunal at that time and also by the Hon'ble High Court and Hon'ble Supreme Court.
14. The applicants submit that even though the O.A.No.133/2009 was allowed by this Tribunal on 09.07.2010, the respondents had filed O.P. (CAT) No.158/2010 before the Hon'ble High Court. This was dismissed on 01.10.2010. The respondents then filed S.L.P.No.6991/2011 before the Hon'ble Apex Court, which was withdrawn on 23.08.2018. Then the respondents filed R.P.No.880/2013 before the Hon'ble High Court, which was finally dismissed on 10.08.2017. The order in O.A.No.133/2009 was thus implemented in the case of the applicants therein only on 04.08.2017. It is submitted that these O.As have, therefore, been filed within a reasonable period of the finality of the decision by way of the Office Order issued by the respondents in O.A.No.133/2009. It is submitted that in the instant case, the decision in O.A.No.133/2009 is a decision in rem, as it had involved the interpretation of the Scheme whereby the RTP-TOs were to be engaged and regularized. Being a judgment in rem, the applicants cannot be -58- treated as fence sitters and thus denied the benefit that similarly situated employees got from the said judgment. It is a trite law that in matter of pay scale and pay fixation, the denial of the same is illegal since it is a continuing cause of action. Refusal of regularization from the date of vacancies is tantamount to refusal of their entitled pay and hence, the grievance accrues and continues on each passing day and the limitation cannot be made applicable in these cases.
15. The applicants, represented by learned counsels Shri.P.Santhoshkumar and Shri.K.P.Chandrasekhar have also produced a recent order of the Principal Bench of this Tribunal in O.A.No.3466/2019 in the matter of Raksh Pal Singh & Ors. vs. Union of India & Ors. This was in relation to certain Temporary Short Duty Sorting Assistant posts under the Department of Posts, a sister Department of the DoT. These officials had been appointed in 1983 under a scheme of the Department of Posts also called Reserve Trained Pool (RTP). The Temporary Short Duty Sorting Assistants in the RTP had been given regular appointment in the year 1989 as Sorting Assistants. They were aggrieved that the benefit of their working in the scheme under the RTP for the years 1983 to 1989 had not been accorded to them for the purpose of granting them financial -59- upgradation under the MACP Scheme. (It is to be noted that this particular order cited by the applicant counsels thus relates to counting of service as RTP for the purpose of grant of MACP.) The Principal Bench held that the applicants would be entitled to the grant of all consequential benefits flowing therefrom including MACP and consequent pension. This was allowed in terms of the decision of the Hon'ble High Court for the State of Telangana in W.P.No.17400 and 17425 of 2016. The aforesaid decision of the Hon'ble High Court for Telangana was in line with the decision in S.L.P.No.11313/1987 decided by the Hon'ble Supreme Court on 11.05.1988, in relation to applicants who are not party to the said W.P. However, it is not clear to us as to how this particular decision of the Principal Bench in relation to MACP benefits being granted to RTP employees in Department of Posts (DoP) can be relevant in the facts and circumstances of these cases which are filed praying for counting of regular service from the date of initial appointment as RTP-TO in the BSNL. The facts and circumstances in each matter are different. In addition, as noted earlier, there are various other issues in relation to the questions of seniority, questions of delay/laches etc., raised by the respondents, which are equally important for consideration. In fact, learned counsel for the respondents pointed to the decision of the Hon'ble Supreme Court in Union of India -60- & Anr. vs. K.N.Sivadas & Ors., (1997) 7 SCC 30 which had found that the position of RTP in the Posts & Telegraphs Department, Government of India, was quite different from that of Casual Labourers. It was held therein that those recruited into the RTP were governed by an earlier scheme framed in 1980 and have already been absorbed as regular employees under that Scheme. No additional benefits as given to Casual Labourers can be extended. The applicants have produced in their rejoinder in O.A.No.180/354/2018 at Annexure A-15, a copy of an order passed by the Department of Pension and Pensioners' Welfare on 02.10.2022 in relation to the counting of period spent on training as 'qualifying service' for pension and gratuity under the Central Civil Services (Pension) Rules, 2021. They submit that the applicants herein were appointed as RTP-TOs provisionally, and sent for training and thereafter regularly appointed to the post of RTP-TOs. Hence, they too also entitled for counting their provisional RTP Service as 'qualifying service' for pension and gratuity. Further, they contend that this Tribunal had considered in O.A.No.133/2009 all relevant issues, including the judgment of the Hon'ble Supreme Court in K.N.Sivadas (supra) before passing its orders in favour of the applicants therein.
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16. Learned counsel Shri.P.P.Jnanasekharan representing the applicants in O.A.No.180/640/2018 (applicants from the Ernakulam, Thodupuzha areas) in support of the position taken by learned counsel for the applicants in the other O.As submitted that the contention taken by the respondents stating that there were no vacancies to regularize them from the date of initial appointment as RTP-TO was incorrect. Some applicants have produced the Recruitment Notice of 1983 to show that there were vacancies both regular and RTP in almost all the Divisions/Districts. Further, there was no question of limitation, as the Review Petition No.880/2013 had been dismissed only on 10.08.2017. It is only by banking on this judgment of the Hon'ble High Court of Kerala that the representations were given. In fact, he submitted that the respondents had been assuring the applicants throughout the period that they were working as RTP-TOs, that they were collecting information in relation to their regularization. Hence, he contends that the period of limitation only starts from 10.08.2017 and representations were filed in time. Further, many of the applicants continued working as RTPs without any break throughout the period, as acknowledged by the respondents in some of the O.As. Thus, they had to be regularized after 180 days of regular service. In some cases they were given a break in service for a single -62- day to get over this requirement. He submits that the period spent in the RTP can be counted as a period of probation for the applicants. There is violation of Articles 14 & 16 of the Constitution; as otherwise there is discrimination between those working in the RTP-TO and those who had been recruited along with them but appointed straight away as regular Telephone Operators. All the RTP-TOs have been victimised for no fault of theirs. It is submitted that even the landmark judgment of the Hon'ble Supreme Court in Secretary, State of Karnataka vs. Uma Devi, (2006) 4 SCC 1 etc., can be read to be in favour of the applicants.
17. Learned counsels for the BSNL, Shri.T.C.Krishna & others, however, contended that the notice produced at Annexure A-13 in O.A.No.180/354/2018 and other O.As in respect of vacancies in 1983 in various Telephone and Telegraph/Telephone Districts/Divisions by way of a rejoinder filed in December, 2022 cannot be flagged at this extremely late stage to show that there were vacancies against which the applicants could be adjusted. As already noted, other employees were recruited against those vacancies and have been working since that time. Some of them might have even been retired. Hence, by the principles of 'sit back' as given in Pavithran.V.K.M -63- (supra), the accepted/existing seniority cannot be disturbed at this late stage. It is contended and reiterated as was mentioned earlier that the RTP Scheme was clearly formulated with an intention that some candidates are to be recruited as a standby over and above those recruited against regular vacancies announced at the time of recruitment. Excepting those who were brought into the main list against dropout cases, all the remaining candidates were treated as 'surplus' recruits whose services were to be utilized as short duty staff. The only assurance given to these surplus recruited candidates was that they would be given priority for absorption against future vacancies in subsequent recruitments. All candidates were aware of this fact and accepted the same. Moreover, they do not have any supporting documents to prove that there were some existing regular vacancies for adjusting them, at the contemporaneous time of their posting as RTP-TOs. The difference in their situation with the matter of applicants in O.A.No.133/2009 is that the applicants therein had produced documents to clearly show that there were existing vacancies at the specific point of time at Thiruvalla Division. The Tribunal had on that basis allowed the matter for regularization of the applicants therein from the date of initial appointment in the light of earlier decisions.
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18. Further, the argument of the applicants for applying the benefit of the judgment in Ashwani Kumar & Ors. (supra) was incorrect. The judgment in Ashwani Kumar & Ors. (supra) was not applicable, as RTPs are no way similar to Casual Labourers as found in K.N.Sivadas & Ors. (supra). Subsequent to this judgment, the Ministry of Communication had issued a direction on 17.03.1998 in relation to implementation of the Hon'ble Supreme Court judgment in C.A.Nos.80-123/1996 dated 01.08.1997. It was categorically laid down that any service rendered prior to regular appointment in the cadre, cannot count for the purpose of this rule, as it cannot be considered as service in an eligible cadre. Thus, the contention that the period of 'casual' service of the applicants up to regularization has to be reckoned for the purpose of regularization of service with consequential benefits cannot be acceded to. In other words, the 1983 notification on which the applicants have laid great stress does not prove anything in relation to the vacancies, which might have existed as many of the applicants in these O.As were not even in service at that time. As noted, documents relating to the issue are being produced after 41 years.
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19. After careful consideration of all the facts and circumstances, we are in agreement with these contentions of the respondents as brought out above. We agree that it is not possible at this long length of time to revisit settled matters in relation to appointments and seniority particularly without proper clarity about the vacancies in each Division/District and how they were filled. Further, we cannot agree with the contention that the representation which were submitted for the first time after the dismissal of the Review Petition on 10.08.2017 with a consequent order in relation to O.A.No.133/2009 dated 04.08.2017 should be the period from which the calculation of limitation begins. At best the time for approaching the Tribunal was when the O.A.No.133/2009 had been filed or after the Tribunal delivered its order on 09.07.2010. To approach this Tribunal as late as in April, 2018 in these O.As and then claim that limitation is not affected is, in our view, an attempt to get over the clear delay and laches in this matter. No amount of citation of later dates in relation to judgments of the Hon'ble Supreme Court or the Hon'ble High Court can overcome this unjustified and unexplained delay on the part of the applicants.
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20. Even otherwise on merit we note that no persuasive case is made by the applicants. There are various far fetched contentions and conclusions put forward, but the simple fact of the matter was that the implication of scheme of RTP-TO was well understood by everybody. The applicants in all the O.As herein had joined with their eyes open only with the legitimate expectations that as and when regular vacancies occurred they would be regularized. This promise was fulfilled by the respondents as and when regular vacancies occurred. As clearly noted, the findings in O.A.No.133/2009 cannot be ipso facto extended to them as clear vacancies were proven by the applicants in that O.A to be existing.
21. We, therefore, conclude that the applicants have approached this Tribunal way too late without proper explanation or justification. All the O.As needs to be dismissed fairly and squarely on that score itself. In addition, as already brought out in detail above, there are other issues in relation to whether vacancies existed contemporaneously the time when they were recruited and whether they were considered or not against regular vacancies etc., none of which have been established to our clear satisfaction in any of these O.As. Hence, on the ground of merit as well as on the ground of delay/laches all these 13 O.As cannot be allowed. -67- All the O.As viz., O.A.No.180/492/2018, O.A.No.180/562/2018, O.A.No.180/640/2018, O.A.No.180/557/2018, O.A.No.180/00992/2018, O.A.No.180/354/2018, O.A.No.180/487/2018, O.A.No.180/493/2018, O.A.No.180/550/2018, O.A.No.180/549/2018, O.A.No.180/485/2018, O.A.No.180/1037/2018 and O.ANo.180/1036/2018 are, therefore, dismissed. We make no order as to costs.
(Dated this the 22nd day of March, 2024)
K.V.EAPEN JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in O.A No.180/492/2018
1. Annexure-A1 : A true Photostat Copy of the Initial Appointment Order Npo. E-9/Rectt/Trg/80 dated 16.04.1983 of the 1 st Applicant.
2. Annexure-A2 : A true Photostat Copy of the Regular Appointment Order No. E-54/87-88/175 dated 11.06.1987 of the 1 st Applicant.
3. Annexure-A3 : A true Photostat Copy of the Initial Appointment Order No. E-76/81-82/45 dated 04.11.1982 of the 2 nd Applicant.
4. Annexure-A4 : A true Photostat Copy of the Regular Appointment Order No. Q-118/5 dated 06.04.1984 of the 2 nd Applicant.
5. Annexure-A5 : A true Photostat Copy of the Initial Appointment Order No. E-9/SDTO/IV/15 dated 30.12.1983 of the 3 rd Applicant.
6. Annexure-A6 : A true Photostat Copy of the Regular Appointment Order No. Q.982/7 dated 28.07.1988 of the 3 rd Applicant.
7. Annexure-A7 : A true Photostat Copy of the Order dated 09.07.2010 in O.A No. 133 of 2009.
8. Annexure-A8 : A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
9. Annexure-A9 : A true Photostat copy of the Representation dated 27.02.2018 by the 1st Applicant to the 3rd Respondent.
10. Annexure-A10 : A true photostat copy of the details of service particulars of the Applicants.
11. Annexure-A11 : A True of the communication dated 06.07.1988 regarding the completion of training and posting of the applicants 15 and 21.
12. Annexure-A12 : A True copy of the notification. -69-
13. Annexure-A13 : A True copy of the judgment in RP No. 880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017.
14. Annexure-A14 : A True copy the Memorandum dated 02.10.2022.
15. Annexure-R4(a) : True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
16. Annexure-R4(b) : True copy of the letter Lr.No. ST/10/Rigs dated 28.07.1987.
17. Annexure-R4(c) : True copy of the letter dated 8.8.2018.
18. Annexure-R4(d) : True copy of the letter dated 17.3.1998.
19. Annexure-R4(e) : True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/562/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. E 105/Rectt/TOs/8 dated 01.12.1983 of the 1 st Applicant.
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. ST.17/RTP TO/II/142 dated 31.10.1988 of the 1 st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Initial Appointment Order No. E 105/Rectt/TOs/8 dated 01.12.1983 of the 2 nd Applicant.
4. Annexure-A4 - A true Photostat Copy of the Regular Appointment Order No. ST.17/RTP TO/II/142 dated 31.10.1988 of the 2 nd Applicant.
5. Annexure-A5 - A true Photostat Copy of the Initial Appointment Order No. SRQ 2128/2 dated 30.04.1984 of the 3 rd Applicant.
6. Annexure-A6 - A true Photostat Copy of the Regular Appointment Order No. ST.17/RTP TO/II/142 dated 31.10.1988 of the 3 rd Applicant to the 4th Respondent.
7. Annexure-A7 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No.133 of 2009.
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8. Annexure-A8 - A copy of the proceedings No.ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
9. Annexure-A9 - A true photostat copy of the details of service particulars of the Applicants.
10. Annexure-A10 - A True copy notification of the notification.
11. Annexure-A11 - A True copy of the judgment in RP No. 880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017.
12. Annexure-A12 - A True copy the Office Memorandum dated 02.10.2022.
13. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
14. Annexure-R4(b) - True copy of the letterLr.No.ST/10/Rlgs dated 28.07.1987.
15. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
16. Annexure-R4(d) - True copy of the letter dated 17.3.1998.
17. Annexure-R4(e) - True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/640/2018
1. Annexure-A1 - True copy of Memo No. Q3606/2, dated 01.09.1984 of the Dist. Manager, Telephones, Ernakulam.
2. Annexure-A2 - True copy of the Order dated 20.08.1987 of the Dist. Manager, Telecommunications, Ernakulam.
3. Annexure-A3 - True copy of the Order Dt. 17.09.1984 of the Sr. Supt., Telegraph Traffic, Ernakulam.
4. Annexure-A4 - True copy of the Order dated 10.08.1989 of the Sr. Supt., Telegraph Traffic, Ernakulam.
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5. Annexure-A5 - True copy of the Memo dated 17.09.1986 of the Dist. Manager, Telecommunications, Ernakulam.
6. Annexure-A6 - True copy of the Memo dated 21.12.1984 of the Superintendent, Central Telegraph Office, Cochin-2.
7. Annexure-A7 - True copy of the Memo dated 10.08.1989 of the Senior Suptt., Telegraph Traffic, Ernakulam.
8. Annexure-A8 - True copy of the letter dated 11.10.1984 of the District Manager, Telephones, Ernakulam.
9. Annexure-A9 - True copy of the Order dated 05.09.1988 of the District Manager, Ernakulam Telecom.
10. Annexure-A10 - True copy of the letter dated 13.07.1984 of the Junior Engineer, Phones, Vaikom.
11. Annexure-A11 - True copy of the letter dated 13.02.1989 of the District Manager, Telecom, Ernakulam.
12. Annexure-A12 - True copy of the Memo dated 27.01.1986 of the Divisional Engineer, Telegraphs, Calicut-2.
13. Annexure-A13 - True copy of the filled up proforma regarding RTP service of the 7th applicant dated 11.11.2010.
14. Annexure-A14 - True copy of the Order dated 09.07.2010 of the CAT. EKM in O.A.No. 133 of 2009.
15. Annexure-A15 - True copy of the Order dated 10.08.2017 of the High court of Kerala in R.P.No. 880 of 2013.
16. Annexure-A16 - True copy of the representation dated 15.01.2018 of the 1st applicant before the respondents.
17. Annexure-A16(a) - True copy of the representation dated 27.01.2018 of the 3rd applicant before the respondents. -72-
17. Annexure-A17 - True copy of the letter dated 08.03.2018 of the Genri. Manager, Telecom, BSNL, Palakkad.
18. Annexure-R2(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
19. Annexure-R2(b) - True copy of the letter No. ST/10/Rigs dated 28.07.1987.
20. Annexure-R2(c) - True copy of the letter 250-12/2018-Estt-III dated 8.8.2018.
21. Annexure-R2(d) - True copy of letter No. 212-1/98-STN-I dated 17.3.1998.
22. Annexure-R2(e) - True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/557/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. B/179/IX/191 dated 25.06.1984 of the 1 st Applicant.
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. ST/EK-209/3/VIII/110 DATED 07.02.1989 of the 1 st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Initial Appointment Order No. E-130/204 dated 27.07.1984 of the 2 nd Applicant.
4. Annexure-A4 - A true Photostat Copy of the Regular Appointment Order No. E-12/Rectt/83/III/54 dated 06.02.1989 of the 2 nd Applicant.
5. Annexure-A5 - A true Photostat Copy of the Initial Appointment Order No. E.130/II/13 dated 02.11.1984 of the 3rd Applicant.
6. Annexure-A6 - A true Photostat Copy of the Regular Appointment Order No. E-12/Rectt/83/III/54 dated 06.02.1989 of the 3 rd Applicant.
7. Annexure-A7 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No. 133 of 2009.
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8. Annexure-A8 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
9. Annexure-A9 - A true Photostat copy of the Representation dated 24.03.2018 by the 1st Applicant to the 3rd Respondents.
10. Annexure-A10 - A true photostat copy of the details of service particulars of the Applicants.
11. Annexure-A11 - A True copy notification of the notification.
12. Annexure-A12 - A True copy of the judgment in RP No. 880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017.
13. Annexure-A13 - A True copy the Office Memorandum dated 02.10.2022.
14. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980 along with covering letter dt. 29.11.1980.
15. Annexure-R4(b) - True copy of the letter Lr.No. ST/10/Rlgs dated 28.07.1987.
16. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
17. Annexure-R4(d) - True copy of the letter dated 17.3.1998.
18. Annexure-R4(e) - True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/992/2018
1. Annexure-A1 - True copy of the Memo No.Rectt./EK/239/2/V/46,dated 11.09.1984 of the Dist. Manager, Telephones, Ernakulam.
2. Annexure-A2 - True copy of the letter No. Rectt/Ek/226/3/VI/80 dated 3.7.1985 of the Dist. Manager, Telephones, Ernakulam.
3. Annexure-A3 - True copy of the Order No. Rectt/EK/226/3/VI/50, Dt. 11.10.1985 of the Divl. Engineer (Admn.), Ernakulam Telephones District.
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4. Annexure-A4 - True copy of the Memo No. ST/EK-226/4/II/61 dated 20.08.1987 of the District Manager, Telecommunication Ernakulam.
5. Annexure-A5 - True copy of the Order dated 09.07.2010 of the Hon'ble Central Administrative Tribunal, EKM Bench, in O.A.No. 133 of 2009.
6. Annexure-A6 - True copy of the Order dated 10.08.2017 of the Hon'ble High Court of Kerala in R.P.No. 880 of 2013.
7. Annexure-A7 - True copy of the representation dated 29.12.2017 of the applicant before the respondents.
8. Annexure-A8 - True copy of the letter dated 08.03.2018 of the General Manager, Telecom, BSNL, Palakkad.
9. Annexure-R2(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
10. Annexure-R2(b) - True copy of the letter 250-12/2018-Estt-III dated 8.8.2018.
List of Annexures in O.A No.180/354/2018
1. Annexure-A1 - A true Photostat Copy of the Appointment Order of the 1st Applicant dated 21.11.1987.
2. Annexure-A2 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No.133 of 2009.
3. Annexure-A3 - A true Photostat Copy of the Representation dated 11.10.2017 by the 1st Applicant to the 3rd Respondent.
4. Annexure-A4 - A true Photostat Copy of the Appointment Order of the 2nd Applicant dated 21.11.1987.
5. Annexure-A5 - A true Photostat copy of the Representation dated 11.10.2017 by the 2nd Applicant to the 3rd Respondent. -75-
6. Annexure-A6 - A true Photostat Copy of the Appointment Order of the 3rd Applicant dated 18.07.1985.
7. Annexure-A7 - A true Photostat copy of the Representation dated 12.10.2017 by the 3rd Applicant to the 3rd Respondent.
8. Annexure-A8 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
9. Annexure-A9 - A True copy of the communication dated 30.01.1984 regarding the completion of training and posting of the 1 st Applicant.
10. Annexure-A10 - A True copy of the communication dated 09.03.1984 regarding the completion of training and posting of the 2 nd & 3rd Applicant.
11. Annexure-A11 - A True communication dated 06.07.1994 of the Divisional Engineer, Telecom Department, Palakkad.
12. Annexure-A12 - A True copy of the representation dated 19.01.2004 of the 1st applicant.
13. Annexure-A13 - A True copy of the notification 1983.
14. Annexure-A14 - A True copy of the Communication dated 25.09.2017.
15. Annexure-A15 - A True copy of the Office Memorandum dated 02.10.2022.
16. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
17. Annexure-R4(b) - True copy of the letter No. ST/10/Rlgs dated 28.07.1987.
18. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
19. Annexure-R4(d) - True copy of the letter dated 17.3.1998. -76-
20. Annexure-R4(e) - True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/487/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. SGP 6001/145 dated 29.12.1988 of the 1 st Applicant.
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. SGP 6001/59 dated 31.10.1988 of the 1 st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Initial Appointment Order No. Q-TCP/4 dated 16.05.1984 of the 2 nd Applicant to the 4th Respondent.
4. Annexure-A4 - A true Photostat Copy of the Regular Appointment Order No. E-11/Rectt/Reg&RTP/TO/228 dated 07.11.1988 of the 2 nd Applicant to the 4th Respondent.
5. Annexure-A5 - A true Photostat Copy of the Initial Appointment Order No. Q-TCP/8 dated 14.05.1984 of the 3 rd Applicant to the 4th Respondent.
6. Annexure-A6 - A true Photostat Copy of the Regular Appointment Order No. E-11/Rectt/Reg&RTP/TO/83-88/ dated 04.06.1988 of the 3 rd Applicant to the 4th Respondent.
7. Annexure-A7 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No.133 of 2009.
8. Annexure-A8 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
9. Annexure-A9 - A true Photostat copy of the Representation dated 01.01.2018 by the 1st Applicant to the 3rd Respondent.
10. Annexure-A10 - A true photostat copy of the details of service particulars of the Applicants.
11. Annexure-A11 - A True copy of the notification. -77-
12. Annexure-A12 - A True copy of the judgment in RP No. 880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017.
13. Annexure-A13 - A True copy of the Office Memorandum dated 02.10.2022.
14. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
15. Annexure-R4(b) - True copy of the letterLr.No. ST/10/Rlgs dated 28.07.1987.
16. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
17. Annexure-R4(d) - True copy of the letter dated 17.3.1998.
18. Annexure-R4(e) - True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/493/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. E/12/SD/33 dated 07.10.1982 of the 1st Applicant.
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. CT/ST-12/TRG/248 dated 05.01.1987 of the 1 st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Initial Appointment Order No. CT/ST-12/Trg/99 dated 23.09.1983 of the 2 nd Applicant.
4. Annexure-A4 - A true Photostat Copy of the Regular Appointment Order No. SGP 6001/145 dated 29.12.1988 of the 2 nd Applicant to the 4th Respondent.
5. Annexure-A5 - A true Photostat Copy of the Initial Appointment Order No. Q-513/4 dated 23.10.1983 of the 3rd Applicant.
6. Annexure-A6 - A true Photostat Copy of the Regular Appointment Order No. SGP 6001/59 dated 31.10.1988 of the 3 rd Applicant.
7. Annexure-A7 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No.133 of 2009.
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8. Annexure-A8 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
9. Annexure-A9 - A true Photostat copy of the Representation dated 09.01.2018 by the 1st Applicant to the 3rd Respondent.
10. Annexure-A10 - A true photostat copy of the details of service particulars of the Applicants.
11. Annexure-A11 - A True copy of the notification.
12. Annexure-A12 - A True copy of the judgment in RP No.880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017.
13. Annexure-A13 - A True copy of the Office Memorandum dated 02.10.2022.
14. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980 covering letter dt 29.11.1980.
15. Annexure-R4(b) - True copy of the letterLr.No. ST/10/Rlgs dated 28.07.1987.
16. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
17. Annexure-R4(d) - True copy of the letter dated 17.3.1998.
18. Annexure-R4(e) - True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/550/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. E-34/Rectt/TLs/51 dated 18.11.1983 of the 1 st Applicant.
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. E-34/Rectt/TLs/ of the 1st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Initial Appointment Order No. E-39/77 dated 29.11.1983 of the 2nd Applicant. -79-
4. Annexure-A4 - A true Photostat Copy of the Regular Appointment Order No. E-39/25 dated 25.03.1989 of the 2 nd Applicant.
5. Annexure-A5 - A true Photostat Copy of the Initial Appointment Order No. E-34/Rectt/TLs dated 18.11.1983 of the 3 rd Applicant.
6. Annexure-A6 - A true Photostat Copy of the Regular Appointment Order No. ST/Rectt/RTP/TL/83-89 dated 24.06.1989 of the 3 rd Applicant.
7. Annexure-A7 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No. 133 of 2009.
8. Annexure-A8 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
9. Annexure-A9 - A true Photostat copy of the Representation dated 05.01.2018 by the 1st Applicant to the 2nd, 3rd & 4th Respondents.
10. Annexure-A10 - A true photostat copy of the details of service particulars of the Applicants.
11. Annexure-A11 - A True copy of the notification.
12. Annexure-A12 - A True copy of the judgment in RP No. 880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017.
13. Annexure-A13 - A True copy the Office Memorandum dated 02.10.2022.
14. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980 along with covering letter date 29.11.1980.
15. Annexure-R4(b) - True copy of the letter Lr. No. ST/10/Rlgs dated 28.07.1987.
16. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
17. Annexure-R4(d) - True copy of the letter dated 17.3.1998.
18. Annexure-R4(e) - True copy of the order dated 1.12.2010. -80-
19. Annexure-R(1) - Copy of DoT order dated 17.3.1998.
20. Annexure-R(2) - True copy of the Hon'ble SC order dated 1.12.2010.
List of Annexures in O.A No.180/549/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. E-6/STL/18 dated 23.05.1984 of the 1st Applicant.
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. E12/Rect/RTP/15 dated 10.02.1989 of the 1 st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No. 133 of 2009.
4. Annexure-A4 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
5. Annexure-A5 - A true Photostat copy of the Representation dated 15.01.2018 by the 1st Applicant to the 3rd Respondent.
6. Annexure-A6 - A true photostat copy of the details of service particulars of the Applicants.
7. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
8. Annexure-R4(b) - True copy of the letter Lr. No. ST/10/Rlgs dated 28.07 1987.
9. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
10. Annexure-R4(d) - True copy of the letter dated 17.3.1998.
11. Annexure-R4(e) - True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/485/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. E-34/Rectt/III/48 dated 17.07.1984 of the 1 st Applicant. -81-
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. 0-760/9 dated 15.02.1983 of the 1st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No. 133 of 2009.
4. Annexure-A4 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
5. Annexure-A5 - A true Photostat copy of the Representation dated 10.01.2018 by the 1st Applicant to the 3rd Respondent.
6. Annexure-A6 - A true photostat copy of the details of service particulars of the Applicants.
7. Annexure-A7 - A True copy of the notification.
8. Annexure-A8 - A True copy of the judgment in RP No. 880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017.
9. Annexure-A9 - A True copy of the Office Memorandum dated 02.10.2022.
10. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
11. Annexure-R4(b) - True copy of the letterLr.No. ST/10/Rlgs dated 28.07.1987.
12. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
13. Annexure-R4(d) - True copy of the letter dated 17.3.1998.
14. Annexure-R4(e) - True copy of the order dated 1.12.2010. List of Annexures in O.A No.180/1037/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. E 17/Trg/15 dated 13.07.1982 of the 1st Applicant. -82-
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. E/17/RTP TOs/56 dated 21.11.1986 of the 1 st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Initial Appointment Order No. E-7/Rectt/82/32 dated 07.12.1982 of the 2 nd Applicant.
4. Annexure-A4 - A true Photostat Copy of the Regular Appointment Order No. E-17/RTP TOS/Court Case/53 dated 27.02.1991 of the 2 nd Applicant.
5. Annexure-A5 - A true Photostat Copy of the Initial Appointment Order No. Q 1224/7 dated 12.05.1983 of the 3rd Applicant.
6. Annexure-A6 - A true Photostat Copy of the Regular Appointment Order No. E-17/RTP TOs/II/22 dated 05.12.1987 of the 3 rd Applicant.
7. Annexure-A7 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No.133 of 2009.
8. Annexure-A8 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
9. Annexure-A9 - A true photostat copy of the details of service particulars of the Applicants.
10. Annexure-A10 - A True copy of the notification.
11. Annexure-A11 - A True copy of the judgment in RP No. 880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017.
12. Annexure-A12 - A True copy of the Office Memorandum dated 02.10.2022.
13. Annexure-R4(a) - A True copy of the Circular bearing No.60/36/80-SPB I dated 30.10.1980.
14. Annexure-R4(b) - A True copy of the Letter Lr.No.ST/10/Rlgs dated 28.07.1987.
-83-List of Annexures in O.A No.180/1036/2018
1. Annexure-A1 - A true Photostat Copy of the Initial Appointment Order No. E-35-Rectt/TAs/21 dated 17.09.1984 of the 1 st Applicant.
2. Annexure-A2 - A true Photostat Copy of the Regular Appointment Order No. E-35/Rectt/TAs/119 dated 20.04.1989 of the 1 st Applicant.
3. Annexure-A3 - A true Photostat Copy of the Initial Appointment Order No. E/34/Rectt/TLs/51 dated 18.11.1983 of the 2 nd Applicant.
4. Annexure-A4 - A true Photostat Copy of the Regular Appointment Order No. E-34/Rectt/37 dated 05.11.1988 of the 2 nd Applicant.
5. Annexure-A5 - A true Photostat Copy of the Initial Appointment Order No. E-11/Rectt/83-84/Regular & RTP/31 dated 16.08.1984 of the 3rd Applicant.
6. Annexure-A6 - A true Photostat Copy of the Regular Appointment Order No. E-11/Rectt/Reg&RTP/TO/228 dated 07.11.1988 of the 3 rd Applicant.
7. Annexure-A7 - A true Photostat Copy of the Initial Appointment Order No. E-5/99/83.84/71 dated 30.01.1984 of the 4 th Applicant.
8. Annexure-A8 - A true Photostat Copy of the Regular Appointment Order No. SGP 6001/145 dated 29.12.1988 of the 4 th Applicant.
9. Annexure-A9 - A true Photostat Copy of the Order dated 09.07.2010 in O.A No.133 of 2009.
10. Annexure-A10 - A copy of the proceedings No. ST/DPC/2018 Pouthran case/ 30 dated 08.03.2018 to the 3 rd Respondent.
11. Annexure-A11 - A true Photostat copy of the Representation dated 29.01.2018 by the 1st Applicant to the 3rd Respondent.
12. Annexure-A12 - A True copy of the judgment in RP No. 880/2013 before the Hon'ble High Court of Kerala dated 10.08.2017. -84-
13. Annexure-A13 - A True copy of the Office Memorandum dated 02.10.2022.
14. Annexure-R4(a) - True copy of the circular bearing No. 60/36/80- SPB I dated 30.10.1980.
15. Annexure-R4(b) - True copy of the letter Lr. No. ST/10/Rlgs dated 28.07.1987.
16. Annexure-R4(c) - True copy of the letter dated 8.8.2018.
17. Annexure-R4(d) - True copy of the letter dated 17/3/1998.
18. Annexure-R4(e) - True copy of order dated 1.12.2010.
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