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HON'BLE DR K.B.SURESH, JUDICIAL MEMBER The applicant challenges Annexure A-6 order whereby he was posted to Ernakulam as DGM (Finance) with immediate effect. He would say that he even though belonged to the Accounting Service of the BSNL, he had transgressed the beehives of accounting and had gone on to software development and had been integrally involved in the development of system parameters for effective use of BSNL capabilities. His competence was recognised while posting him at IT Project Circle which is actually at Pune but in view of the project undertaken he was allowed to function from Trivandrum. He would say that his presence at Trivandrum is essential for a few days only but after examination of the pleadings it has come out that from 2005 onwards he is consistently at Trivandrum and of course and two other places as well in spells before 2009. He was apparently at Trivandrum for about 4 years from 2005. His contention is that he is suffering from an incurable illness like Crohn's disease which is an allergic ailment causing severe inflammations and ulcers in the digestive system. He would say that he is surviving on steroids for more than a decade. It relates to some kind of proteins present in certain foods. He would say that with advancing age, the problems are aggravating and the mental stress, will aggravate further. He would say that his wife is also a Central Government employee and employed nearby at Thiruvalla a little distance away from it making it difficult for her to enjoin her duties as a Government servant and that as a dutiful house wife she may have to take care of the applicant's mother who had a fracture on her hip a while back. He has only 2 more years to retire and therefore would request for a posting at Thiruvalla. He produces before us Annexure A-1 which indicates a recorded warning issued to him in view of his reluctance in handing over the source code of a programme he had developed for extraction from Trichur billing system for migrating the SSA data to CDR based billing system. The software had a deficiency which can be set at right only through utilisation of source code but for reasons best known to him, he was reluctant to hand over the source key. Apparently, it is felt by the BSNL that his propriety claims that the software cannot be corrected as he had been instrumental in its creation and accepting the salary and other perks as an officer of the BSNL while developing employment related software. However, in view of the contributions the applicant had made, he was only issued with a recorded warning, even though his action had caused the BSNL several additional months of deficiency. They would also claim that in view of the personal difficulties of the applicant, while at Trivandrum he was allowed to operate from his home at Karunagappally as the nature of the job at that time could be only through process of internet with suitable facilities made available at that locale. This the BSNL would point as an indicative factor showing that inspite of animosity and hostility expressed by him, they had treated with him at most concern.