Central Administrative Tribunal - Ernakulam
T K Pavithran vs Bharat Sanchar Nigam Limited on 3 July, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No.180/00847/2016
Thursday this the 3rd day of July 2025
CO RAM :
HON'BLE Mr.JUSTICE K.HARIPAL, JUDICIAL MEMBER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
T.K.Pavithran,
S/o.P.K.Karuppan,
Aged 56 years,
JTO, Puthenvelikkara Exchange,
BSNL, North Paravur Sub Division,
Ernakulam - 683 594.
Residing at Thaiparambil House,
Konathukunnu P.O., Irinjalakuda, Thrissur - 680 123. ...Applicant
(By Advocates Mr.Godwin Joseph & Mr.Ajin Dev.S.S)
versus
1. Union of India represented by its Secretary,
Ministry of Communications, New Delhi - 110 001.
2. Chairman Managing Director,
Bharath Sanchar Nigam Limited,
Sanchar Bhavan 20 - Ashoka Road,
New Delhi - 110 001.
3. The Chief General Manager,
Bharath Sanchar Nigam Limited,
Kerala Circle, Trivandrum - 695 033.
4. The Assistant General Manager (Admn.),
O/o.PGMT, BSNL Bhavan, Ernakulam, Kochi - 16.
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5. P.S.Somanathan,
JTO, BSNL Telephone Exchange,
Angamali - 683 572. ...Respondents
(By Advocate Mr.George Kuruvilla)
This application having been heard on 29 th May, 2025 the Tribunal
on 3rd July, 2025 delivered the following :
ORDER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER The applicant commenced service in the Telecom Department as Technician in Ernakulam Telephone District with effect from 27.10.1982. The basic qualification prescribed for recruitment to Technician cadre was 3 years Diploma in Electrical, Electronics, Telecommunication Engineering or SSLC with 2 year ITI certificate. The applicant was selected on the basis of National Council for Training in Vocational Trades (NCTVT) certificate acquired by him which was an equivalent qualification for ITI. The applicant stood at Serial No. 272 and 5 th respondent at Serial No. 273 as per Gradation list of Technicians in Ernakulam SSA as on 01.01.1990.
2. The revised seniority list was published in the year 1994. As per the seniority list dated 01.07.1994, applicant was placed at 212 and the A S PEETHAMBARAN 2025.07.03 12:31:56+05'30' -3- 5th respondent at 213 immediately junior to him. As part of restructuring of the cadre in Telecommunication, Technician Cadre was restructured in to Telecom Technical Assistant (TTA). Technicians who are having Diploma or SSLC with ITI were included in the walk in group and others were subjected to Screening Test for entry into the TTA cadre. Applicant was not included in the walk in group on the presumption that his qualification, NCTVT Certificate is not an equivalent qualification for ITI and consequently he was not included in the eligibility list circulated through circular of 24.10.1994. This issue was settled in O.A 189/1996 filed before the CAT and by letter No. Rectt/47-7 Genl/95 dated 19.08.1996, it was made clear that National Apprentice Certificate are higher grade than National Trade Certificate and National apprentice certificate is an eligible qualification to be included in the list of walk in group to depute for TTA Training. Consequently the applicant was deputed for TTA training by an order dated 01.10.1996. Since this issue was already settled by the Department, the O.A filed before the CAT had become infructuous and was disposed of accordingly by order dated 06.02.1997. On completion of the training the applicant was posted as TTA with effect from 23.12.1996. As the 5 th respondent was deputed for training and posted in April 1996, the applicant made representation A S PEETHAMBARAN 2025.07.03 12:31:56+05'30' -4- dated 22.02.1997 before the 4 th respondent for notional predating of his appointment. Second representation was made to the 3 rd respondent seeking notional seniority. The revised gradation list of Technician in Ernakulam SSA was published by order dated 20.11.2002. The applicant's seniority was seen protected in the above order and he was placed at Serial No. 180 and 5th respondent at Serial No.181.
3. However, as per the eligibility list for TTA for promotion to JTO issued by the 3rd respondent on 06.11.2003 the applicant was placed at Serial no. 277 and 5th respondent at Serial no. 60. The applicant pointed out the anomaly in the inter-se seniority list. The seniority in the TTA cadre is the criteria for deputing to JTO training and posting thereafter. The copy of this representation dated 22.12.2003 is produced as Annexure A-8. This was rejected on technical grounds without going into the merits of the contentions of the applicant. The applicant submitted that several of his colleagues were given notional seniority in similar circumstances along with consequential benefits. BSNL on 13.05.2004 authorized head of Telecom Circle to order adhoc promotion to eligible TTA in the list for a period of 180 days. OP No. 16835 of 2004 has been filed before the Hon'ble High Court by the applicant as he was aggrieved A S PEETHAMBARAN 2025.07.03 12:31:56+05'30' -5- by the non consideration of the grievance in rectifying the anomaly in Annexure A-7 Seniority list. This OP was disposed of directing the 3 rd respondent to consider and pass orders on Annexure A-8 representation. Subsequently Annexure A-8 representation was considered and rejected in Annexure A-1. The applicant challenged Annexure A-1 in Writ Petition No. 27330 of 2004 which was later transferred as TA No. 24 of 2008 before the CAT. The TA was heard and disposed of by directing the respondents to restore the seniority of the applicant over the 5 th respondent in the TTA cadre in Ernakulam SSA by treating him as if he was sent for training in accordance with the seniority in the technician grade with an additional direction to grant him seniority for the purpose of reckoning seniority over the 5 th respondent in the TTA cadre for JTO training. This order was challenged before the Hon'ble High Court and the same was dismissed by the judgment dated 03.06.2015 in Writ Petition No. 26452 of 2009. Respondent No. 5 was promoted as regular JTO on 15.07.2006 and is enjoying all the benefits. On restoration of seniority it was incumbent on the respondents to place the applicant above 5th respondent. However due to the loss of seniority, the applicant was not given regular appointment and he continues to work as officiating JTO. While the Hon'ble Punjab and Haryana High Court in A S PEETHAMBARAN 2025.07.03 12:31:56+05'30' -6- CWP 5608/2007 found against the diversion of direct recruitment quota, the BSNL vide order dated 11.11.2008 protected all those who are already promoted by creating supernumerary vacancy. His junior was also protected by creating supernumerary vacancy. The Hon'ble Punjab and Haryana High Court restrained BSNL from effecting diversion of direct recruitment vacancy and therefore BSNL had stopped further diversion of direct recruitment vacancies in 2008. The order No.3-9/2007
-Pers-IV dated 11.11.2008 was issued by BSNL creating supernumerary post for protecting 3500 employees who were accommodated against direct recruitment vacancies. The applicant has to take phase 1 training as per the new rules as seniority has not been restored. Though there was no loss of emoluments on deputing for training vide letter No.3- 32/2013/Estt-IV dated 22.12.2015 issued by the BSNL which is produced as Annexure A-16, there would be a reduction of salary on regular appointment as JTO.
4. The applicant seeks to be included as one of the 3,500 JTOs accommodated against supernumerary posts in Annexure A-15 which would be a natural consequence of the restoration of seniority as ordered by the Hon'ble High Court and on restoration of seniority the applicant A S PEETHAMBARAN 2025.07.03 12:31:56+05'30' -7- would also get other service benefits on par with his junior. The applicant seeks to strike down the applicability of Annexure A-16 in so far as it applies to the applicant and restore the applicant's seniority in TTA cadre and regular appointment as JTO on par with his immediate junior ie. 5 th respondent.
5. The respondents have averred that the seniority of the applicant and the 5th respondent was settled by Annexure A-12 judgment of the Hon'ble High Court of Kerala. However it is submitted that the creation of supernumerary post as per Annexure A-15 decision was also treated as illegal by the Hon'ble Punjab and Haryana High Court and this issue is now pending before the Hon'ble Supreme Court in SLP and the plea of the applicant to notionally include him in the supernumerary list and for consequential benefits cannot be considered until the issue is settled by the Hon'ble Supreme Court. They have also pleaded that by granting the applicant promotion as JTO in parity with the 5 th respondent would also be constrained by the above verdict and subsequent developments. They have submitted that there is no specific direction of the Hon'ble High Court to give regular promotion to the applicant, but only to fix his seniority above the 5th respondent in the TTA cadre and to set seniority A S PEETHAMBARAN 2025.07.03 12:31:56+05'30' -8- for sending him to JTO training. In view of the pendency of challenge against creation of supernumerary post the relief no. 2 and 3 sought in the O.A cannot be granted, it is submitted. It is also submitted that Annexure A-16 is a clarificatory order which was issued by the BSNL corporate office in the light of the controversies that had arisen relating to the fixation of pay of officiating JTOs on pay revision with effect from 01.01.2007. It merely prescribes the method by which the pay of the officiating JTOs had to be fixed with effect from 01.01.2007 and hence there is no illegality about such an order and so the challenge to Annexure A-16 will not rest. The distinction which was drawn in this clarification arises out of the erroneous pay fixation which was ordered with effect from 01.01.2007 and this was settled by an anomaly committee. The report of which was submitted on 05.07.2012 and resulted in the issue of Annexure A-16. It was also directed that the erroneous pay fixation which resulted in OP was directed to be recovered and same was also the subject matter of litigation, which upholds Annexure A-16 order and the challenge to Annexure A-16 does not rest without challenging the order which uphold the fixation.
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6. It was submitted by the applicant that the SLP against the judgment of the Hon'ble Punjab and Haryana High Court was closed or dismissed and no such cases are pending in the Hon'ble Supreme Court and that contention would no longer holds water. There is no litigation pending so far as creation of supernumerary post is concerned, it is submitted. Hence there is no bar currently in existence for considering the applicant on par with his junior for the purpose of promotion and pay fixation also.
7. Given that the entire matter arose from an erroneous appreciation of the validity of the NCTVT qualification which is equivalent to ITI certification and which is the basis of recruitment of the applicant in the first place and also given that the seniority of the applicant vis-a-vis the 5th respondent has been restored as far as back in 2009, it is incumbent upon the respondents to grant all consequential benefits to the applicant so far as restoration of his seniority, notional fixation of the date of promotion with reference to the date of promotion of his immediate junior and consequential subsequent promotion are concerned. It may also be noted that with SLP against the Hon'ble Punjab and Haryana High Court decision qua creation of supernumerary posts, there is now A S PEETHAMBARAN 2025.07.03 12:31:56+05'30' -10- no further technical bar against the granting of consequential benefits either. Considering that the applicant has been working as officiating JTO for all these years, there should be no bar on granting him consequential benefits both financially if any is due and consequential promotions. The respondents are directed to implement the directions within a period of three months from the date of issue of this order. The O.A is disposed of accordingly. No order as to costs.
(Dated this the 3rd day of July, 2025)
V.RAMA MATHEW JUSTICE K.HARIPAL
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp/skm
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List of Annexures in O.A.No.180/00847/2016
1. Annexure A-1 - A copy of the Order No.LC/V/10/OP.16835/2004 dated 02.08.2004 issued by the 3rd respondent.
2. Annexure A-2 - A copy of the relevant portion of the Gradation List of Technicians in Ernakulam SSA as on 01.01.1990.
3. Annexure A-3 - A copy of the Letter No.Rectt/47-7 Genl/95 dated 19.08.1996 issued for the 3rd respondent.
4. Annexure A-4 - A copy of the Order dated 06.02.1997 in O.A.No.189/1996 of the Hon'ble Central Administrative Tribunal, Ernakulam.
5. Annexure A-5 - A copy of the representation dated 22.02.1997 made by the applicant before the General Manager, Telecom.
6. Annexure A-6 - A copy of the revised Gradation List No.ST/EK- 218/15/111/5 dated 20.11.2002 issued by the 4th respondent.
7. Annexure A-7 - A copy of the inter-se seniority list No.STA/11- 24/2003-2004 dated 06.11.2003 issued by the 3rd respondent.
8. Annexure A-8 - A copy of the representation dated 22.12.2003 made by the applicant before the 3rd respondent.
9. Annexure A-9 - A copy of the Letter No.5-4/2004/pers.IV dated 13.05.2004 issued by the Assistant Director General (per) IV, BSNL.
10. Annexure A-10 - A copy of the judgment dated 25.06.2004 in W.P. (C) No.16835/2004 of the Hon'ble High Court.
11. Annexure A-11 - A copy of the order in T.A.No.24/2008 dated 27.07.2009.
12. Annexure A-12 - A copy of the judgment dated 03.06.2015 in W.P. (C) No.26452/2009 before the Hon'ble High Court. A S PEETHAMBARAN 2025.07.03 12:31:56+05'30' -12-
13. Annexure A-13 - A copy of the representation dated 18.08.2015 submitted by the applicant before the 2 nd respondent through proper channel.
14. Annexure A-14 - A copy of the judgment dated 30.05.2008 CWP No.5608/2007.
15. Annexure A-15 - A copy of the Order No.3-9/2007-Pers-IV dated 11.11.2008 issued by BSNL.
16. Annexure A-16 - A copy of the Letter No.3-32/2013/Estt-IV dated 22.12.2015 issued by the BSNL.
17. Annexure A-17 - A copy of the Order No.2-3/2018-Pers.II dated 22.06.2018 issued by the 1st respondent.
18. Annexure A-18 - A copy of the Letter No.2-3/2018-Pers.II dated 03.07.2018 issued by the 1st respondent.
19. Annexure A-19 - A copy of the Pay Slip of the applicant for the month of October 2019 issued on behalf of the 2 nd respondent.
20. Annexure A-20 - A copy of the Pay Slip of the applicant for the month of November 2019 issued on behalf of the 2 nd respondent.
21. Annexure R-3(a) - A copy of the Letter dated 16.03.2009 of the Kerala Circle.
22. Annexure R-3(b) - A copy of the Clarification dated 31.03.2009 of the Corporate Office.
23. Annexure R-3(c) - A copy of the Pay Revision Order for Non- Executives of BSNL dated 07.05.2010.
24. Annexure R-3(d) - A copy of the Clarification dated 31.01.2011 of the Corporate Office.
25. Annexure R-3(e) - A copy of the Order dated 11.10.2012 of the Chief General Manager, Kerala Circle.
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26. Annexure R-3(f) - A copy of the judgment of this Tribunal dated 21.08.2016 in R.A.No.30/2015 in O.A.No.1022/2012 and connected cases.
27. Annexure R-3(g) - A copy of the Order dated 16.08.2016 of the BSNL KERala Circle.
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