IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 OP (CAT).No. 1117 of 2010(S) ---------------------------- OA.750/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PPETITIONERS/RESPONDENTS: -------------------------------- 1. THE CHAIRMAN-CUM-MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LTD.,NEW DELHI,PIN 110 001. 2. THE CHIEF ENGINEER(CIVIL), BSNL(CIVIL), KERALA ZONE, THIRUVANANTHAPURAM,PIN 695 001. 3. THE EXECUTIVE ENGINEER(CIVIL), BSNL CIVIL DIVISION-11, G-33,PANAMPILLY NAGAR, ERNAKULAM 682 036. 4. THE ACCOUNTS OFFICER, THE EXECUTIVE ENGINEER(CIVIL),BSNL CIVIL DIVISION-11, G-33,PANAMPILLY NAGAR, ERNAKULAM 682 036. BY ADV. SRI.V.R.KESAVAKAIMAL, SC, BSNL RESPONDENTS/APPLICANT: --------------- M.K.PRABHAKARAN ,S/O.KARUPPAN, SR.TELECOM OFFICE ASSISTANT, OFFICE OF THE SUB DIVISIONAL ENGINEER(CIVIL), BHARAT SANCHAR NIGAM LIMITED, KAVARATTI,UNION TERRITORY OF LAKSHADWEEP,R/AT SATELLITE COMPOUND,KAVARATTI, LAKSHADWEEP 682 55. THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... O.P.(CAT) No.1117 of 2010 .................................................................... Dated this the 13th day of December, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the BSNL. Order under challenge is the one issued by the CAT directing the petitioners to pay Island Special Duty Allowance to the respondent for serving in Lakshadweep Islands. Petitioners' case is that the allowance referred above is payable only when there is posting outside the Circle. Since Lakshadweep forms part of Kerala Circle, respondent is not entitled to the special allowance is the case of petitioners. We notice that the Tribunal has only followed orders in respect of other persons serving BSNL in Lakshadweep Islands who were granted the benefit. However, the case of the petitioners is that those persons referred to in those O.As. in para 8 of the Tribunal's order were transfered from other regions. We do not find any difference as to from which region a person is transferred to the Island to entitle him for the special allowance applicable to people posted in Islands. It is a matter of common knowledge that those living 2 in Lakshadweep are subject to lot of geographical and social hardships and they don't get much of the comfort, convenience or social life which people in the main land are entitled. So much so, we do not find any ground to interfere with the finding of the Tribunal granting relief to the respondent which is similar to the relief granted to others serving in Lakshadweep. Consequently we dismiss the O.P.(CAT). C.N.RAMACHANDRAN NAIR Judge BHABANI PRASAD RAY Judge pms