Kerala High Court
Postal, Telecom Bsnl Employees Co ... vs Union Of India on 21 May, 2021
Author: P.V.Asha
Bench: P.V.Asha
WP(C) NO. 11363 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 21ST DAY OF MAY 2021 / 31ST VAISAKHA, 1943
WP(C) NO. 11363 OF 2021
PETITIONER/S:
POSTAL, TELECOM BSNL EMPLOYEES CO OPERATIVE SOCIETY LTD. NO.
1940, GANDHARIAMMAN KOVIL ROAD, MELE, THAMPANOOR JUNCTION,
1. SANTHI NAGAR, PULIMOODU, THIRUVANANTHAPURAM -695 001,
REPRESENTED BY ITS SECRETARY.
BY ADVS M.SASINDRAN (KB1/516/1987)-22512
RESPONDENT/S:
WP(C) NO. 11363 OF 2021
2
1. UNION OF INDIA, MINISTRU OF COMMUNICATION, DEPARTMENT OF
TELECOMMUNICATIONS, ASHOKA ROAD, SANCHAR BHAVAN, NEW DELHI-
110001-REPRESENTED BY ITS SECRETARY.
2. THE CONTROLLER OF COMMUNICATIONS ACCOUNTS, OFFICE OF THE
CONTROLLER OF COMMUNICATIONS ACCOUNTS, DEPARTMENT OF
TELECOM, DOOR SANHCHAR BHAVAN, THIRUVANANTHAPURAM-695 033
3. BHARAT SANCHAR NIGAM LTD., BHARAT SANCHAR BHAVAN, HARISH
CHANDRA MATHUR LANE, JANPATH, NEW DELHI- 110 001,
REPRESENTED BY ITS CHAIRMAN.
4. BHARAT SANCHAR NIGAM LTD., OFFICE OF THE CHIEF GENERAL
MANAGER (TELECOM), KERALA CIRCLE, THIRUVANANTHAPURAM-695
033, REPRESENTED BY THE CHIEF GENERAL MANAGER.
5. THE ACCOUNTS OFFICER (CASH), BHARAT SANCHAR NIGAM LTD.,
OFFICE OF THE GENERAL MANAGER, THIRUVANANTHAPURAM-695001
6. PANKAJAKSHAN V., AGED 60 YEARS, RESIDING AT 'PRANAM',
KAKKARA, KADIRUR-670642, KANNUR DISTRICT
7. ASOKAN V., AGED 60 YEARS, RESIDING AT QUARTER NO.38,
BSNAL STAFF QUARTERS, PANANVILA, NALANCHIRA P.O,-695015,
THIRUVANANTHAPURAM DT.
8. CHRISTHUDAS E., AGED 60 YEARS, RESIDING AT GMS BUNGALOW,
PALAPOTTA, MUKKAMPALAMOODU, NARVAMOODU P.O.,-695 528,
THIRUVANANTHAPURAM DT.
9. DINESAN M.P., AGED 60 YEARS, RESIDING AT C41, BSNL
QUARTERS, PARUTHIPPARA - 695015, THIRUVANANTHAPURAM DT.
10. NAGENDRAN NAIR M., AGED 60 YEARS, RESIDING AT 'AJU
BHAVAN', PUNCHAKKARI-695002, THIRUVANANTHAPURAM DT.
11. RAVEENDRAN T., AGED 60 YEARS, RESIDING AT 'VIJAY NIVAS',
KAZHIVOOR, KAZHIVOOR P.O.,-695 521, THIRUVANANTHAPURAM DT.
12. SANALKUMAR S., AGED 60 YEARS, RESIDING AT 'OTTAPPANAVILA
VEEDU', MULLARAVILA, PERUMPAZHUTHOOR P.O., -695 126,
NEYYATTINKARA, THIRUVANANTHAPURAM DT.
13. RAJA A., AGED 60 YEARS, RESIDING AT 'TC 15/1881', THARA
-290, MR.A.K.G.CENTRE, KUNNUKUZHY, THIRUVANANTHAPURAM-695
035
14. MOHANACHANDRAN NAIR K., AGED 60 YEARS, RESIDING AT
'THIRUVATHIRA', SOCCIABBY ROAD, ARAMADA P.O., 695 032,
THIRUVANANTHAPURAM DT.
15. SUDHEENDRA NATH T.L., AGED 60 YEARS, RESIDING AT
'KALABHAVAN', ANAPETTY, THOLICODE P.O., 695541,
THIRUVANANTHAPURAM DT.
WP(C) NO. 11363 OF 2021
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OTHER PRESENT:
0
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Admit. The learned ASGI takes notice for respondents 1 and
2. Sri.S.Sudhish takes notice for respondents 3 to 5. Notice to respondents 6 to 15.
In view of Exts.P21, P22 etc passed in similar cases, there shall be a direction to respondents 2 to 5 not to disburse the DCRG due to respondents 6 to 15 except after deducting their dues towards the petitioner society as pointed out in Ext.P17 series.
Sd/-
P.V.ASHA JUDGE rkc WP(C) NO. 11363 OF 2021 4 APPENDIX PETITIONER'S EXHIBITS Exhibit P1: A true copy of the Annexure I to the scheme of transfer to BSNL.
Exhibit P2: A true copy of the relevant extracts from the Voluntary Retirement Scheme.
Exhibit P3: A true copy of the loan application dated 27-02-2015 submitted by the 6th respondent to the society.
Exhibit P3(a): A bond was executed by the 6th respondent on 13-03-2015.
Exhibit P3(b): A true copy of the form of agreement with the Pay Disbursing Officer of the 6th respondent dated 13-03-2015.
Exhibit P3(c): A true copy of the agreement for deducting the arrears of loan from the DCRG executed by the 6th respondent dated 13-03-2015.
Exhibit P4: A true copy of the loan application dated 28-05-2018 submitted by the 6th respondent for hire purchase loan of an amount of Rs.6 lakhs.
Exhibit P4(a): The bond executed by the 6th respondent dated 14-06-2018. WP(C) NO. 11363 OF 2021 5 Exhibit P4(b) : A true copy of the agreement with the Pay Disbursing Officer.
executed by the 6th respondent in respect of the higher purchase loan dated 28- 05-2018.
Exhibit P4(c) : A true copy of the agreement for deduction from the DCRG dated 28-05-2018, executed by the 6th respondent.
Exhibit P5: A true copy of the loan application dated 27-06-2018 submitted by the 7th respondent to the society.
Exhibit P5(a): A bond was executed by the 7th respondent on 07-07-2018.
Exhibit P5(b): A true copy of the form of agreement with the Pay Disbursing Officer of the 7th respondent dated 07-07-2018.
Exhibit P5(c): A true copy of the agreement for deducting the arrears of loan from the DCRG executed by the 7th respondent dated 07-07-2018.
Exhibit P6: A true copy of the loan application dated 13-10-2017 submitted by the 7th respondent for hire purchase loan of an amount of Rs.10 lakhs.
Exhibit P6(a): True copy of the bond executed by the 7th respondent dated 20- 10-2017.
Exhibit P6(b): A true copy of the agreement with the Pay Disbursing Officer executed by the 7th respondent in respect of the hire purchase loan dated 20-10- 2017.
Exhibit P6(c): A true copy of the agreement for deduction from the DCRG dated 20-10-2017, executed by the 7th respondent. WP(C) NO. 11363 OF 2021 6 Exhibit P7: A true copy of the loan application dated 20-07-2018 submitted by the 8th respondent to the society.
Exhibit P7(a): A bond was executed by the 8th respondent on 06-08-2018.
Exhibit P7(b): A true copy of the form of agreement with the Pay Disbursing Officer of the 8th respondent dated 06-08-2018.
Exhibit P7(c) : A true copy of the agreement executed by the 8 th respondent dated 18-07-2018 for deducting the arrears of loan from the DCRG.
Exhibit P8: A true copy of the loan application dated 27-02-2015 submitted by the 9th respondent to the society.
Exhibit P8(a): A true copy of the form of agreement dated 02-04-2015 with the Pay Disbursing Officer of the 9th respondent.
Exhibit P8(b): A true copy of the agreement executed by the 9 th respondent for deducting the arrears of loan from the DCRG dated 09-04-2015.
Exhibit P9: A true copy of the loan application dated 28-01-2015 submitted by the 10th respondent to the society.
Exhibit P9(a): A true copy of the bond executed by the 10th respondent on 21- 02-2015.
Exhibit P9(b): A true copy of the agreement with Pay Disbursing Officer of the 10th respondent dated 21-02-2015.
WP(C) NO. 11363 OF 2021 7 Exhibit P9(c): A true copy of the agreement executed by the 10 th respondent for deducting the arrears of loan from the DCRG dated 28-01-2015.
Exhibit P10: A true copy of the loan application dated 31-01-2015 submitted by the 11th respondent to the society.
Exhibit P10(a): A bond executed by the 11th respondent on 04-02-2015.
Exhibit P10(b): A true copy of the form of agreement with the Pay Disbursing Officer of the 11th respondent dated 04-02-2015.
Exhibit P10(c): A true copy of the agreement executed by the 11 th respondent for deducting the arrears of loan from the DCRG dated 04-02-2015.
Exhibit P11: A true copy of the loan application dated 22-01-2018 submitted by the 12th respondent to the society.
Exhibit P11(a): A bond executed by the 12th respondent on 23-01-2018.
Exhibit P11(b): A true copy of the form of agreement with the Pay Disbursing Officer of the 12th respondent dated 23-01-2018 along with the salary certificate dated 22-01-2018..
Exhibit P11(c): A true copy of the agreement executed by the 12th respondent for deducting the arrears of loan from the DCRG dated 23-01-2018.
Exhibit P12: A true copy of the loan application dated 13-07-2018 submitted by the 13th respondent to the society.
Exhibit P12(a): A bond executed by the 13th respondent on 24-07-2018. WP(C) NO. 11363 OF 2021 8 Exhibit P12(b): A true copy of the form of agreement with the Pay Disbursing Officer of the 13th respondent dated 24-07-2018.
Exhibit P12(c): A true copy of the agreement executed by the 13 th respondent for deducting the arrears of loan from the DCRG dated 24-07-2018.
Exhibit P13: A true copy of the loan application dated 17-08-2017 submitted by the 13th respondent for hire purchase loan of an amount of Rs.6 lakhs.
Exhibit P13(a): The bond executed by the 13th respondent dated 21-08-2017.
Exhibit P13(b): A true copy of the agreement with the Pay Disbursing Officer executed by the 13th respondent in respect of the hire purchase loan dated 21-08- 2017.
Exhibit P13(c): A true copy of the agreement for deduction from the DCRG dated 21-08-2017 executed by the 13th respondent.
Exhibit P14: A true copy of the loan application dated 26-03-2018 submitted by the 14th respondent to the society.
Exhibit P14(a): A bond was executed by the 14th respondent on 19-04-2018.
Exhibit P14(b): A true copy of the form of agreement with the Pay Disbursing Officer of the 14th respondent dated 19-04-2018..
Exhibit P14(c): A true copy of the agreement executed by the 14 th respondent for deducting the arrears of loan from the DCRG dated 19-04-2018.
Exhibit P15: A true copy of the loan application dated 05-12-2016 submitted by the 15th respondent to the society.
WP(C) NO. 11363 OF 2021 9 Exhibit P15(a): A bond executed by the 15th respondent on 13-12-2016.
Exhibit P15(b): A true copy of the form of agreement with the Pay Disbursing Officer of the 15th respondent dated 13-12-2016.
Exhibit P15(c): A true copy of the agreement executed by the 15 th respondent for deducting the arrears of loan from the DCRG dated 13-12-2016.
Exhibit P16: A true copy of the application dated 12-08-2016.
Exhibit P16(a): The bond executed by the 15th respondent dated 20-08-2016.
Exhibit P16(b): A true copy of the agreement with the Pay Disbursing Officer executed by the 15th respondent in respect of the higher purchase loan dated 20- 08-2016.
Exhibit P16(c): A true copy of the agreement for deduction from the DCRG dated 20-08-2016 executed by the 15th respondent.
Exhibit P17: True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 16-04-2021.
Exhibit P17(a): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 05-01-2021.
Exhibit P17(b): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 12-05-2021.
Exhibit P17(c): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 05-01-2021.
Exhibit P17(d): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 05-01-201. WP(C) NO. 11363 OF 2021 10 Exhibit P17(e): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 15-02-2021.
Exhibit P17(f): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 13-01-2021.
Exhibit P17(g): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 05-01-2021.
Exhibit P17(h): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 12-05-2021.
Exhibit P17(i): True copy of the letter of request and intimation submitted by the petitioner society before the Accounts Officer dated 17-03-2021.
Exhibit P18: A true copy of the letter dated 24-08-2020 issued by the Director Accounts Department of Telecommunications to the CMD BSNL Corporative Office, New Delhi Exhibit P19: A true copy of the letter dated 02-09-2020, issued by the 2 nd respondent to the Chief General Manager, BSNL.
Exhibit P20: A true copy of the relevant extracts from the CCS (Pension Rules), 1972.
Exhibit P21: A true copy of the order dated 29-07-2020 in W.P.(C) 15389 of 2020.
Exhibit P22: A true copy of the order dated 12-10-2020 in W.P.(C) 21473 of 2020.