IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WA.No. 1357 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.3386/2006 DATED 29/02/2008 .................... APPELLANTS/ PETITIONERS: ------------------------------------------ 1. CHIEF GENERAL MANAGER, BSNL KERALA CIRCLE, THIRUVANANTHAPURAM. 2. THE CHAIRMAN AND MANAGING DIRECTOR, BSNL, NEW DELHI. 3. THE BOARD OF DIRECTORS, BSNL, CORPORATE OFFICE, SANCHAR BHAVAN, NEW DELHI. 4. THE SECRETARY, MINISTRY OF COMMUNICATIONS, NEW DELHI. BY ADV. SRI.S.K.BALACHANDRAN, SC, BSNL. RESPONDENTS/ PETITIONERS: --------------------------------------------- 1. T.JALAJAMONY AMMA, SENIOR T.O.A (PHONES), KARIAVATTOM SUB DIVISION, CSC, BSNL, POTHENCODE, THIRUVANANTHAPURAM. 2. SHAJI.P.S, SENIOR T.O.A (PHONES), CSC, BSNL, POTHENCODE, THIRUVANANTHAPURAM. 3. LALITHA SKARIAH, SENIOR T.O.A (PHONES) RLU EXCHANGE, BSNL, PARUTHIPPARA, THIRUVANANTHAPURAM. BY ADV. SRI. SASIDHARAN CHEMPAZHANTHIYIL. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.1357 OF 2008 ------------------------------------- Dated 18th July, 2008 JUDGMENT Koshy,J . Learned Single Judge disposed of seven writ petitions by the impugned judgment. Out of the seven writ petitions, five were dismissed. In one writ petition, the only direction issued was to consider the petitioner's case by the appellants. But, in W.P.(C)No.3386 of 2006 learned Judge directed the appellants to conduct a limited departmental competitive examination as undertaken under paragraph 8 of the counter affidavit and those persons who are successful in such examination shall be promoted to the post of JTOs deeming such promotion as one against the vacancies which were available on 31.8.1999. It was also directed that whatever adjustment is to be done as regards the vacancies, for the purpose of giving effect to these directions, shall be done by the BSNL. Needful shall be done in the manner aforementioned within a period of six months from the date of receipt of a copy of the judgment. Learned Judge did not accept the contention that diversion of vacancies available up to 31.8.99 for promotion to the departmental candidates as a one time measure, but, directed that in future vacancies, proportion of 35% and 15% as provided in column 12 of the Rules should be applied. We W.A.1357/2008 2 are of the view that no interference is required in the above decision. While considering the filling up of vacancies as per the proportion mentioned in the rule, if the petitioners are entitled, their grievances cannot be left unattended, but, we see no ground to interfere with the impugned judgment. We note that the learned single Judge generally acceped the stand of the appellant BSNL. We fully agree with the reasonings of the learned single Judge. Hence, we are not reiterating the same. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks