Central Administrative Tribunal - Ernakulam
Vijayan P.R vs The Chairman & Managing Director on 6 March, 2009
CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH Transfer Application Nos. 61/2008 and 65/2008 Friday, this the 6th day of March, 2009 C O R A M: HON'BLE DR. KBS RAJAN, JUDICIAL MEMBER HON'BLE MS. K. NOORJEHAN, ADMINISTRATIVE MEMBER I. T.A. NO. 61 of 2008 1. Vijayan P.R., S/o. Raman P.K., Junior Telecom Officer (O), O/o. SDE, Installation, Kadavanthra, Ernakulam, Residing at :Panamkoottathil House, Konoor, Nalukettu P.O., Koratty: 680 308 Trissur (Distt.) 2. Ayyappan. A, S/o. S. Adackappan, Junior Telecom Officer (Officiating), Telephone Exchange, Kuttampuzha (P.O), Pin : 686 691, Residing at: Co-Axial Telecom Quarters, Opp. To Bhagavathy Temple, Thankalam, Kothamangalam. 3. Poulose. C.V., S/o. Varghese C.P., Junior Telecom Officer (O), WLL BTS, Telephone Exchange, Boat Jetty, Ernakulam, Residing at :Chiraparamban House, Koovappady P.O., Ernakulam Dist : 683 544 4. Ambika Devi. M, D/o. T.K. Mukundanoni, Junior Telecom Officer Broad Band, O/o. A.M., Thoudupuzha, Residing at : Athullya, Vaduthala P.O., Kochi-23. 5. N.A. Aboobacker, S/o. N.S. Ali, Junior Telecom Officer (Offg.), Telephone Exchange, Ararekulam, Residing at : Nanethan(H), Rayonpuram P.O., Perumbavoor. 6. Baiju. V, S/o. K. Vasudevan, JTO (O), O/o. JTO Telephone Exchange, Muttom, Thodupuzha, Residing at : 36/1535, Paruanendu, Eroorvasudev, Palarivatoom, Kochi :682 025 7. Ismail E.I, S/o. Ibrahim E.A., JTO, Karimkunnam, Residing at : Edanackachalil House, V.K.C. P.O., Thevakkal - 682 021 8. Xavier A.A., S/o. Esthuppan A.O., JTO, O/o. S.D.E. Installation, Kadavanthra, Cochin, Residing at : Attupuram (H), Cherukunnam, Asamannoor P.O. 9. Subramanian G, S/o. N. Gopalan, JTO, O/o. DE S&AN, STP, Ernakulam, Residing at : 8/678 A, Murukkinthara Parambu, S.R. Sivaraman Road, Koovapadam, Kochi -2 10. George C.J., S/o. Joseph C.C., JTO (O), O/o. SDE, Ernakulam, Residing at : Chennakkadan, KSEB Sub Station Road, Mekkad P.O., Ernakulam. 11. Johney B.A,, S/o. B.V. Antony, JTO (O), O/o. DE Transmission Project, Ernakulam, Thottekkattu Road, Cochin 11 Residing at : Bharanikulangara (H), Karippassery, Vattapparambu P.O. - 683 579 12. Ajayan M.K., S/o. A.P. Kunjappan, TTA, Telephone Exchange, Palarivattom, Residing at :34/1267 A, Kallaraka Parambil, Pius Road, Edappally, Kochi - 682 024 13. K.J. George, S/o. K.V. Joseph, TTA, MDF Telephone Exchange, Palarivattom, Residing at :Kolarikkal House, Ponjikkara North, Mulavukad: 682 504 14. T.R. Suja, D/o. T.N. Raghavan pillai, TTA, MDF Telephone Exchange, Palarivattom, Residing at : 32/847-B, 'Palika', Pallichanbail Road, Subarmathy Lane, Palarivattom, 15. Mary P.P., D/o. Poulose P.V., JTO, Telephone Exchange, Swaraj, Kattappana, Residing at : Theruviparambil, Vaduthala P.O., Cochin - 23 16. Jose K. Varghese, S/o. Varghese k.V., TTA, Telephone Exchange, Chathamattom, Residing at : Kallungal House, Pothanicad P.O.- 686 671 17. P.S. Narayanan Nair, S/o. Sankaran Nair, TTA, Telephone Exchange, Cheruvattur, Residing at:Parayath (H), Eramalloor P.O., Kothamangalam. 18. P.K. Paulose, S/o. Kuriako, TTA, Extl., Telephone Exchange, Kolenchery, Residing at:Poikara House, Pancode P.O., Ernakulam. 19. K. Muralidharan Nair, S/o. Karunakaran Nair, TTA, O/o. SDE, Telephone Exchange, Thevara, Residing at :Kakkuzhikattu Bhavan, Keezhillam (P.O.), Pin : 683 541 20. Philomina Varghese, D/o. Varghese, JTO (O), Telephone Exchange (AXE), Thodupuzha, Residing at:Pottampuzha House, Old MC Road, Greetings Lane, Muvattupuzha. 21. Sreedevi K.B., D/o. K.K. Balakrishnan, JTO (O), JTO (Tech), O/o. AM, Thodupuzha, Residing at : Moodhedathu House, Kadathy East, Market P.O., Muvattupuzha. 22. C.S. Rajagopal, S/o. T. Sivasankarapodunal, JTO (BSS), IMPCS, Telephone Bhavan, Thodupuzha, Residing at : Sankar Nivas, Edavanakad, Ernakulam ; 682 502 23. Rugmini T.R., D/o. K.R. Raghavan Pillai, JTO, Telephone Exchange, Anchiri, Thodupuzha, Residing at :Jayanthi Nivas, Eloor East, Udyogmandal, Ernakulam. ... Applicants. (By Advocate Mr. T.C. Govindaswamy) v e r s u s 1. The Chairman & Managing Director, Bharat Sanchar Nigam Limited, New Delhi. 2. The Chief General Manager (Telecom), Bharat Sanchar Nigam Limited, Trivandrum. 3. The Principal General Manager, Bharat Sanchar Nigam Limited, Kochi 16. ... Respondents. (By Advocate Mr. S.K. Balachandran) 2. T.A. No. 65 of 2008 1. G. Ramachandran, S/o. K. Gopalakrishnan, Telephone Technical Assistant, BSNL, Telephone Exchange, Malampuzha, Residing at : Sreekandath House, PWD Line, Chittur. 2. K. Vijayalakshmi, W/o. Suresh, T.T.A. Telephone Exchange, Olavakkode, Residing at : "Raga Sudha", Near Railway Hospital, Anand Nagar, Olavakkode. 3. Jyothiprasadan P.K., S/o. Kombayi, JTO, Telephone Exchange, Punamanna, Residing at : Thekekalam, Poriyani, Mundur (PO), Palakkad (Dt.), Kerala : 678 592 4. Ramanand. U, S/o. Unnikumaran C.R., JTO (O), O/o. SDE, SSA Installation, BSNL, Palakkad, Residing at : "Vijaya", Karamkode, Thenari (PO), Elappully, Palakkad: 678 622 5. Sunanda C.J, W/o. Harishanker, Telephone Exchange, Kallepully P.O., Palakkad, Residing at : Mayooram, Chadayankad, Pallatheri P.O., Palakkad. 6. Usha K.V., W/o. Sukumaran, JTO NMS, O/o. GMT, BSNL, Palakkad, Residing at : "Ushus", Yakkara Corner, Kinassery P.O., Palakkad : 678 707 7. Shylaja T., W/o. Vinod, JTO NIB II, O/o. SDENIB, BSNL, Palakkad, Residing at : 'Bhavana', Tharavathpadi, Pirayiri, Palakkad. 8. Sobhana K.C., W/o. Radhakrishnan, JTO, EIOB, Telephone Exchange, BSNL, Palakkad, Residing at: 'Sobhanam', Yakkara Corner, Kinassery P.O., Palakkad: 678 707 9. P.R. Raghavan, S/o. P.R. Ramayyar, JTO (O), Thachampura Telephone Exchange, Residing at:1/841 Brindavan, New Road, Vulpathy, Palakkad - 3 10. Mohandas V, S/o. Raman Nair, JTO (Group), Vadakkanchery, "Kalharam", Mahickpadam, Vadakkanchery : 678 683 11. K. Sethumadhavan, S/o. Gopalan, JTO, Telephone Exchange, Kottapuram, Residing at : Telephone Quarters, Sreekrishnapuram : 679 513 12. Rachel K.E., W/o. Thomas Mathew, JTO (I), Telephone Exchange,Mannarkad, Residing at : Elanjimoottil Kandathil (H), Pallikurup (P.O.), Thachampara (Via), Mannarkad. 13. M. Sobhana, W/o. Ramachandran, TTA, Telephone Exchange, Kanjikode, Residing at: "Swaralayam", Lakshmy Housing Colony, Behind KTC, Kanjikode. 14. Rajendran B, S/o. Late Bharanth Krishna Pillai, JTO, Vandithovalam, Chittur, Palakkad, Residing at : Palathully, Peruvamba (P.O.), Palakkad (Dist.). 15. M. Bharathi, W/o. Unnikrishnan M, JTO (Offg.), Telephone Exchange, Kodavayur, Residing at :11/320 A, Nedumghat House, Mooyaliparambhu, Chittur (P.O.) 16. K. Lakshmi Narayanan, D/o. Unnikrishnan, JTO (Offg.), O/o. AGM (Marketing), BSNL, Palakkad, Residing at : Qtrs No.2, IVth Floor, Telephone Exchange Building, Palakkad. 17. Sebi Louis . M, S/o. M.T. Louis, JTO (B.B.), Telephone Exchange, Palakkad-14, Residing at : 16/219, Nehru Colony, Palakkad -13. 18. Baby Latha C.A., W/o. Arumughan M.K., TTA, Telephone Exchange, Kalpathy, Palakkad, Residing at : Anugraha, Kallamparambil, Dhoni (P.O), Palakkad. .. Applicants (By Advocate Mr. T.C. Govindaswamy) v e r s u s 1. The Chairman & Managing Director, Bharat Sanchar Nigam Limited, New Delhi. 2. The Chief General Manager (Telecom), Bharat Sanchar Nigam Limited, Trivandrum. 3. The General Manager/Telecommunications, Bharat Sanchar Nigam Limited, Palakkad. 4. The Senior Accounts Officer (PC), Office of the General Manager/Telecommunications. BSNL, Palakkad ... Respondents. (By Advocate Mr. S.K. Balachandran) (The Transfer Applications having been heard on 4.02.09, this Tribunal on 6.3.09 delivered the following): O R D E R
HON'BLE DR. K B S RAJAN, JUDICIAL MEMBER As the issue involved in the above two Transfer applications is one and the same, this common order is passed in respect of the same. For the purpose of having a grip of the facts of the case, the facts as contained in TA 61/08 are taken and the same are as under:
2. The Petitioners are holding regular post of Telecom Technical Assistants in the Industrial Dearness Allowance scale of pay of Rs 7100 - 10100/- and are officiating as Junior Telecom Officers under the Chief General Manager, Telecommunications, Kerala Circle. Earlier, the department was a department of Government of India. For the post of Telecom Technical Assistants, the post, which the applicants are holding on regular basis, the qualification requirement was Diploma in Engineering and the pay scale prior to 01-01-1996, was Rs 1320-2040/-.
3. The fifth pay Commission, while recommending the revised pay scale, had, in so far as posts for which Diploma in Engineering was the prescribed qualification, recommended a uniform pay scale of Rs 5000 - 8000 w.e.f. 01-01-1996 and these recommendations were accepted by the Government and all posts carrying qualifications of Diploma in Engineering were granted a higher pay scale of Rs 5000 - 8000, as against the normal replacement scale of Rs 4500 - 7000 for the erstwhile pay scale of Rs 1320 - 2040/-. However, this pay scale of Rs 5000 - 8000 was not extended in the case of the Telecom Technical Assistants in the Telecom Department and an anomaly having arisen, the same had been referred to the Anomaly Committee and the Committee taking into consideration of the factual and the legal background, recommended the said pay scale of Rs 5000 - 8000/-. To the knowledge of the applicants, the government too accepted the same but the department, which, later on became into a Corporate entity by name Bharat Sanchar Nigam Limited (BSNL, for short) had not extended the said benefits to the applicants.
4. It was on 01-10-2000 that an agreement was struck between the Management of BSNL and the representatives of the Trade Unions and the same was communicated to all, vide Exhibit P-1 dated 26-04-2002. The terms of the agreement were implemented vide order dated 7-08-2002 at Exhibit P-2. As per the said agreement and the order implementing the same, the pay scale of Rs 4500 - 7000 was equated with the pay scale of Industrial Dearness Allowance at Rs 6550 - 9325 and the crucial date was 30th September 2000 and pay fixation was made on point to point basis. The petitioners who were drawing the pay at the fourth stage in the scale of Rs 4,500 - 7,000/-were accordingly fixed at Rs 7290/- which is the fourth stage in the I.D.A. scale of Rs 6550 - 9325/-. Increment was to be effective from 01st March every year. While so, yet another decision was taken to the effect that the diploma holders in Engineering were fixed their pay in the scale of Rs 5000 - 8000 the corresponding IDA scale of which was Rs 7100 - 10100/ and this scale was effective from 01-10-2000, vide order dated 01-10-2002 at Exhibit P-3. In view of the fact that the applicants are all diploma holders in Engineering, their pay scale ought to have been fixed at Rs 5000 - 8000 with the corresponding scale in the IDA pattern at Rs 7100 - 10100 in which event, the fourth stage of Rs 5000 - 8000 being Rs 5,600/- corresponding pay in the I.D.A. pattern scale ought to have been Rs 7,900/-, effective from 1-10-2000. However, this was not so fixed and the Chief General Manager issued a clarification dated 27-01-2003, vide Annexure P4, in which it has been held as under:
"As on 01-10-2000, the pay of TTAs may first be fixed from Rs.4500 7000 (CDA) to be upgraded scale of Rs. 5000 - 8000 (CDA) under FR 23 and GIO decision 6 there-under. Then the pay should be fixed in the equivalent IDA scale of Rs. 7100 -
10100 corresponding to the CDA scale of Rs.5000 8000 (CDA) as per guidelines contained in BSNL HQrs, ND letter No. BSNL/26/SR/2002 dated 7/8/2002."
5. The above was later on modified, vide Annexure P5 OM dated 9th May 2003 which inter alia reads as under:
"As on 1-10-2000, the pay of TTA may be first fixed on IDA pay scales of Rs 6550-185-9325 corresponding to the CDA scale of Rs 4500 125-7000 on point to point basis and then place them in the higher IDA pay scale of Rs 7100 200-10100 corresponding to the CDA scale of Rs 5000 150 8000 under FR 23 and GIO (6) there-under. However, the arrears on this account may be drawn and paid after obtaining an undertaking from the officials concerned for recovery of overpayment if any, while applying the pay fixation on receipt of clarification from Corporate Office."
6. According to the applicant, the above calculation was also wrong as the same resulted in depletion of the total emoluments drawn by the petitioners. However, the applicants could notice that certain counterparts of theirs in Palghat Division had been provided with the right pay scale and pay fixed correspondingly on point-to-point basis. The relevant orders were dated 20-10-2003 which has been referred to in communication dated 17-12-2003 vide Exhibit P6. However, a clarification was issued by the respondents, on 710-2003 vide Exhibit P-7. This clarification virtually took away all the benefits that were available earlier, vide Exhibit P-6 and consequently, some of the affected employees moved the Hon'ble High court in W.P. (C) No. 15610/2004. The High Court had passed an order vide Exhibit P8 dated 6th July 2004 vide Annexure P8 whereby the second respondent was directed to consider and pass a final order in the matter expeditiously. An interim order was earlier passed, staying the operation of Exhibit P7 and the said order was to continue till a final decision was taken by the respondents. The High Court has also permitted the applicants to the said Writ Petition to file necessary representations to the respondents, in pursuance of which the applicant had filed their representation vide Exhibit P 10(from one of the applicants) It was on 23/26/12-2005 that the respondents finally chose to issue an order, vide Exhibit P11. Vide Exhibit P-12; the respondents have placed the applicants in the state of Rs 7100 w.e.f. 01-10-2000 instead of Rs 7300/- Hence these TAs, praying for quashing and setting aside of Exhibits P4, P5, P7, P11 and P12 and for a direction to the respondents to fix the pay of the petitioners w.e.f. 01-10-2000 in the scale of pay of Rs 7100 10100 on point to point basis, with reference to the pay drawn in the CDA scale of Rs 4500 7000 as per Ex. P2.
7. Respondents have contested the T.As. According to them, the petitioners are entitled to pay at the third stage as of 01-10-2000 first in the CDA scale, which has been replaced in the IDA scale w.e.f. that date and accordingly, the pay as of 01-10-2000 in the CDA scale of Rs 4500 7000 came to Rs 4875 and the same has the corresponding stage of Rs 7105 in the IDA scale of Rs 6550 9325. As such, the pay has been correctly fixed. Annexure R-1 is the calculation sheet of one of the applicants. Exhibits 2 and 3 are respectively FR 23 (with GOI instructions No. 6 there-under) and FR 22. Pay fixed was as per the guidelines and one such fixation of pay is at Exhibit R-4. Later on as some clarification was received , which required an undertaking to be obtained from the officials concerned for recovery of overpayment, if any, fixation of pay was made in accordance with the clarification, and a sample pay fixation done is at Exhibit R5.
8. Exhibit R-6 is pay fixation in accordance with the clarification given vide Exhibit P7. Since there has been an interim order, vide Exhibit P9, Ex. P-7 was kept in abeyance and as directed by the Court vide Exhibit P8 judgment, the first respondent issued Ex. P4 clarification in reply to the representation of one of the applicants and based upon the same, the second respondent issued a speaking order vide Ex. R-7 dated 23rd December 2006. As such, the entire action of the respondents being in accordance with the rules and there being no violation of the provisions of Art. 14 or 16 of the Fundamental Rights, the petitioners are not entitled to any relief.The respondents have thus, sought for dismissal of the petitions.
9. Counsel for the applicant referred to Ex. P4 and stated that the impact of the same is that first pay has to be fixed from Rs 4500- 7000 to Rs 5000 - 8000 by applying FR 23 read with G.O.I. Instructions No. 6 and then from Rs 5000- 8000 to Rs 7100 - 10100.
10. Overriding the above, clarification issued vide Ex. P5 order which provided for fixation of pay on point to point basis Rs 4500 -7000 to Rs 6550 -9325 and then from Rs 6550 - 9305 to Rs 7100 -10100 by applying FR 23 with G.O.I. Instructions No. 6.
11. Ex. P7 restored Ex. P-4 order. i.e. Rs 4500 -7000 to Rs 5000 -8000 by applying FR 23 read with G.O.I. Instructions (6) and from 5000 - 8000 to Rs 7100 - 10100(ID) w.e.f. 01-10-2000.
12. The above had not been pressed into service, consequent to which representations were made but the same are rejected.
13. According to the counsel for the applicants, the initial pay fixation asper Ex. P4 alone should apply.
14. Counsel for the respondents has taken us through the provisions of F.R. 23 read with GOI Instructions No. 6 thereunder. The said provisions read as under:
"FR 23-The holder of a post, the pay of which is changed, shall be treated as if he were transferred to a new post on the new pay. G.O.I. Instrution No. 6: Fixation of pay when the scale of pay of a post is revised upwards: When the scale of pay of a post is revised upwards without involving assumption of duties and responsibilities of grater importance, the fixation of pay of the incumbents is regulated under FR 23 and FR 22(a)(ii) {now FR 22 (1)(a)(ii) }. It has been argued that whatever pay has been fixed in the relevant pay scale, has been rightly fixed."
15. Arguments were heard and documents perused. The chronological sequence relevant to the points of facts is as under:
(a) There has been an agreement between the management and the employees. As per the same, the Group C and D employees who opted for absorption in the BSNL w.e.f.
01-10-2000 will have their pay fixed in respective IDA pay scales as in para 1 of the Agreement in a particular manner as contained in para 2. As per para 1 of the agreement, IDA pay scale corresponding to Rs 4500 7000 is Rs 6550 9325 (see item NE 8 in the tabular column at para 1 of Annexure P 1.) Para 2.1 of the agreement stipulated as under:
(a) The basic pay of the non executive as on 01-10-2000 in the IDA Pay Scale would be fixed at the stage corresponding to the stage which they had reached under CDA pattern on 30-09-2000 i.e. pay fixation will be on point to point basis.
(b) Exhibit P2 is the order of the respondents, passed in pursuant of and on the lines of the agreement arrived at.
(c) Exhibit P3 is an order, whereby, on the those TTAs in the scale of pay of Rs 4500 7000 had been placed in the scale of pay of Rs 5000 8000. In fact, though the order expressly does not say so, this order is in consonance with the recommendations of the Vth Central Pay Commission, which recommended that posts which have as the essential qualifications diploma in Engineering should invariably be placed in the scale of Rs 5000 8000 instead of the replacement scale of Rs 4500 7000/-.
(d) Ex. P4 is an order, which provides the method of fixation of pay. It states that as on 01-10-2000, the pay of TTAs may be first fixed from Rs 4500 7000 (CDA)_ to the upgraded scale of Rs 5000 8000 under FR 23 read with GIO 6 thereunder. Then the pay should be fixed in the equivalent IDA scale of Rs 7100 10100 corresponding to the CDA scale of Rs 5000 8000 (CDA) as per the guidelines contained in the order dated 7th August 2002 (Ex P2).
(e) In supercession of the previous orders, provisionally, the pay should, as on 01-10-2000, be first fixed in the IDA scales of Rs 6550 9325 corresponding to the scale of Rs 4500-7000 on point to point basis and then place them in the higher IDA pay scale of Rs 7100 10100 corresponding to the CDA Scale of Rs 5000 8000 under FR 23 and GIO (6) thereunder. Exhibit P5 refers.
16. From the above, it is clear that the pay scale of Rs 4500 7000 was the scale meant for the TTAs. This has been revised to 5000 8000 w.e.f.
01-10-2000. This scale has been replaced by corresponding IDA scale.
17. As on 01-01-1996 all the TTAs would be fixed at 4500 7000. Since on point-to-point basis the pay has to be fixed, as on 01-01-2000 the individuals would have enjoyed four increments i.e. as on 01-01-1997, 01-01-1998, 01-01-1999 and 01-01-2000. There can be no doubt about the same. Thus, vide R-1 the pay fixation of one individual, the respondents have considered only 3 points and not four. This is an obvious error. Identical error could be observed in the calculation sheet at Ex. R 5 as well. If the same is rectified, the pay in the IDA scale of Rs6550 9325 would have come to Rs 7290/-as on 01-10-2000 for that individual. In so far as R-4 is concerned, a short cut method has been followed. Since as on 01-10-2000, the individual in the pay scale of Rs 4500 7000 would not have reached the stage of Rs 5000/-, the respondents have fixed the said Rs 5000/-as pay as on 01-10-2000 in the scale of Rs 5000 8000 and correspondingly, the first stage of Rs 7100 fixed under the IDA scale of Rs 7100 10100/-. If this has to be held correct, then, the concession 'point to point' loses all its significance. As observed by the Apex Court in the case of S. Ramachandra Raju v. State of Orissa, 1994 Supp (3) SCC 424," A short cut may often be wrong cut.". This holds good in the present case in so far as issue of Ex. R4 is concerned.
18. The decision to afford the higher scale of Rs 5000-8000 has been arrived at uniformly in respect of all those posts whose essential qualification included Diploma in Engineering. This is the recommendation of the VI Pay Commission, which has been accepted. The BSNL has also adopted the same. Again, since the IDA scale has to be adopted w.e.f. 01-10-2000, the calculation as made vide Exhibit P4, on the lines of Exhibit P2, is the correct calculation. The method thus is as under:
"Fix the pay in the scale of Rs 4500 7000 as on 01-01-1996 and work out the number of increments earned as on 01-102000.
If the same be four, then, work out the stage with the said four points, in the scale of Rs 6550 185-9325. This would then be at Rs 7290/-. This stage is now fitted in the higher scale of Rs 7100 200 10100/-, which would be Rs 7,300/-.
Thus, the pay as on 01-10-2000 would be 7300/-. And this is what is claimed by the applicants and in fact, but for the error of considering 3 points, even the respondents would have arrived at the same figure, had they taken into account four points as on 01-10-2000. "
19. We are given to understand that the respondents have since issued another order dated 24th September 2008, which is on the above lines.
Subject to rectification of the number of points as of 01-10-2000, if the respondents work out the pay of the applicants and similarly placed individuals, justice would be rendered.
20. In view of the above, the TAs are allowed. It is directed that the respondents shall consider fixation of pay of the applicants and similarly situated individuals on the above lines (Para 18), taking into account the exact number of increments in the revised pay scale earned by the individuals for fixation of pay on point to point basis. Time calendared for payment of arrears, if any, payable is six months from the date of communication of this order.
21. Under the circumstances, there shall be no orders as to costs.
(Dated, the 6th March, 2009) (K. NOORJEHAN) (Dr. K B S RAJAN) ADMINISTRATIVE MEMBER JUDICIAL MEMBER cvr.