IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 19498 of 2004 Between: 1 The Andhra Pradesh Motor Drivers Association of BSNL O/o Principal General Manager Bharat Sanchar Nigam Ltd., Hyderabad telecom District Suryalok Complex, Gunfoundary, Hyderabad rep by President, J. Sekhar S/o J. Narasiah working as Driver GradeI, O/o Chief General Mana Telecom, Hyderabad 2 G. Venkateshwarlu S/o G. Ramulu O/o Chief GeneralManager, BSNL, Doorsanchar Bhavan Nampally Station Road, Hyderabad 3 M. Narsing Rao S/o M. Nagabhushanam working as DRiver Gr-II O/o Regional Telecom Training Centre, Gachibowli, Hyderabad 4 V. Balachandram S/o Venkatarajam O/o Sub-Divisional Officer (P) Saifabad, Hyderabad 5 Mohd. Saleem S/o Mhod Khaja Sub Divisional Officer (P) Saifabad Hyderabad 6 M. Ramloo S/o M. Narayana Sub Divisional Officer (P) BHEL Hyderabad 7 L.A. Sheriff Jani S/o Abdul Samad O/o Chief General Manager, Telecom, Nampally Station Road, Hyderabad 8 G. Vijayakumar S/o Laxmaiah O/o Sub- Divisional Officer (P) Kothapet, Saroornagar, Hyderabad 9 Nasir Ahmed S/o Shaik Mahaboob O/o Sub-Divisional Officer (P) North Saifabad, Hyderabad ..... PETITIONER(S) AND 1 The Director General Bharat Sanchar Nigam Ltd., (Govt. of India Enterprise) SEA Branch Corporate Office, 312, Sanchar Bhavan 20, Ashoka road, New Delhi-1 2 The Chief General Manager, A.P. Telecom Circle, BSNL, Hyderabad 3 The Principal General Manager Telecom District, NSNL, Hyderabad .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, order or direction more of Writ of Mandamus, declaring he action of the respondents in not permitting the petitioners., herein to appear for the per-qualifying test and LDCE for absorption/promotion to the post of Telecom Tech. Asst declaring the same as arbitrary, illegal unwarranted misconceived and in violation of Art, 14, and 16 of the constitution of India, and consequently direct the respondents to permit the petitioners., herein to appear for per-qualifying test /LDCE for the post of TTAs, with all the consequential benefits, in the interest of justice Counsel for the Petitioner:MR.SANKA RAMAKRISHANA RAO Counsel for the Respondent No.: . THE HON'BLE MR JUSTICE G.CHANDRAIAH Writ Petition No.19498 of 2004 ORDER: The writ petition is filed praying for issue a Writ, order or direction more in the nature of Writ of Mandamus, declaring action of the respondents in not permitting the petitioners herein to appear for the pre-qualifying Test and LDCE for absorption/promotion to the post of Telecom Technical Assistant, declaring the same as arbitrary, illegal, unwarranted, misconceived and in violation of the Articles 14 and 16 of the Constitution of India and consequently, direct the respondents to permit the petitioners herein to appear for pre- qualifying Test/LDCE for the post of TTAS, with all the consequential benefits. Heard the learned counsel for the petitioners and the learned counsel for the respondents. The case of the petitioners is that they are working as Motor Drivers in Group ‘C’ cadre in Bharat Sanchar Nigam Limited, Hyderabad. They were initially appointed as Casual Labourers and their services were utilized for telephone lines. Since the petitioners possess driving lincences, they were absorbed as Drivers and have been working as such for the last several years discharging their duties. It is stated that the petitioners were initially appointed in the Department of Telecommunications, and consequent on conversion of the Department into Government of India Enterprise, they have been called for exercising option and on such options, they were absorbed in BSNL with effect from 1.10.2000 and ever since working as such. It is also stated that the cadre of Drivers, though in Group ‘C’ category, had become a stagnated cadre without any avenue of promotions. The BSNL organization had adopted the policy of surplus cadre. Therefore, they sought to progress in other channels also framed recruitment rules for all the Group ‘C’ cadre to be absorbed/promoted to the cadres of Telephone Mechanics, Junior Telecom Officer and Junior Accounts Officer, by reserving 40% of working in BSNL through internal competitive examination. Some of the petitioners, who were eligible for the above said posts have also appeared for the said examinations conducted under 40% quota having fulfilled the requisite conditions. The posts mentioned above are also in Group ‘C’ cadre but with higher scales of pay than the Drivers. It is also stated that there is another cadre in the Group ‘C’ category known as Telecom Technical Assistant (TTAs for short), which cadre is being filled on yearly basis, both by direct recruitment as well as through absorption/promotion of the in-service candidates under 40% quota reserved for them. This cadre is thrown open to those who do not even possess the minimum educational qualifications required for the post for in-service candidates. Guidelines were issued vide BSNL Letter No.27-8/2003-TE.II (iii) dated 18.12.2003, which details were incorporated in the syllabus for pre-qualification test for entry level i.e., 10+2 or equivalent for appearing in the Limited Departmental Competitive Examination. According to the above guidelines, the eligibility prescribed for appearing in the pre-qualification examination test. It is also further stated that this relaxation/opportunity was only extended to those cadres of Technical Office Assistants/Telecom Mechanics, which are in group ‘C’ cadre, while other group ‘C’ cadres like Drivers were not permitted for the said pre-qualifying test. While the BSNL provided channel of promotion/absorption to the higher posts of telephone Mechanics, Junior Telecom Officer and Junior Accounts Officer, which are higher in rank than the Telecom Technical Assistants, the Drivers who are in the very same group ‘C’ cadre were not allowed to appear for the pre-qualifying test of entry level of 10+2 or equivalent, discriminating the drivers preventing them to enter into mainstream of the organization. The respondents have now contemplated to fill the posts of Telecom Technical Assistants and a notification was issued calling for the applications from the in- service candidates under 40% reserved quota and the scheduled dates for conducting the pre-qualifying test of entry level i.e., 10+2 or equivalent for appearing in the limited departmental competitive examination for TTAS has been notified vide letter No.SR- 244/P.Q.Test for TTA/2004/3 dated 25.6.2004 and vide Circle Office letter No.TA/RE/23-II/2004 dated 15.9.2004 notifying the date of examination on 24.10.2004. Since as per the said notification, the petitioners who are working as Drivers were not eligible for the said examination. Therefore, the petitioners have approached through this Court. The prayer of the writ petitioners is that to direct the respondents to appear for pre-qualifying test TTC schedule to be held upon 10.4.2004 duly issuing hall tickets. The writ petition is admitted on 19.10.2004. No interim direction was granted on that date and the schedule was already conducted. Therefore, no interim direction can be given in this writ petition as sought for by the petitioners. Therefore, the Writ Petition has become in fructuous. Accordingly, the Writ Petition is dismissed as infructuous. However, it is open for the petitioners to avail appropriate remedies as and when fresh notification is issued. No costs. _____________________ Justice G. Chandraiah Date:09-06-2008 mrb