IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 30313 of 2006(H) -------------------------- PETITIONER: ------------ 1. P.J.JOSE, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, THALAYOLAPARAMBU, KOTTAYAM DISTRICT. 2. P.A.CHERIAN, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, E-10B, POWER PLANT, KOTTAYAM DISTRICT. 3. K.N.RAJENDRAN, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, OFFICE OF THE SUB DIVISIONAL ENGINEER, KOOTTICKAL, KOTTAYAM DISTRICT. 4. THOMAS SEBASTIAN, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, MUKKOTTUTHARA, ERUMELY, KOTTAYAM DISTRICT. 5. P.M.JAMES, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, PERINGALAM, KOTTAYAM DISTRICT. 6. G.M.JOSEPH, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, UZHAVOOR, KOTTAYAM DISTRICT. 7. MANU MANUAL, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, RAMAPURAM, KOTTAYAM DISTRICT. 8. RANI ABRAHAM, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, MANIMALA, KOTTAYAM DISTRICT. 9. DAI JOSE, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, AYARKUNNAM, KOTTAYAM DISTRICT. WP(C).No. 30313 of 2006 -2- 10. K.K.ASOK KUMAR, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, OFFICE OF THE SUB DIVISIONAL ENGINEER, B.END MOBILE SERVICE, ALAPPUZHA. 11. G.TRIVIKRAMAN PILLAI, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, OFFICE OF THE SUB DIVISIONAL ENGINEER, CHETTIKULANGARA, ALAPPUZHA DISTRICT. 12. M.A.SOMASEKHARAN NAIR, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, CHENGANNUR, ALAPPUZHA DISTRICT. 13. P.SASI, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, OFFICE OF THE SUB DIVISIONAL ENGINEER, INSTALLATION, KAYAMKULAM, ALAPPUZHA DISTRICT. 14. T.M.PHILIP, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. 15. K.S.SATHEESAN, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, ARANMULA, ALAPPUZHA DISTRICT. 16. K.R.RAJENDRAN, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, KADAMPANAD, PATHANAMTHITTA DISTRICT. 17. B.SHAJI, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, ADOOR, PATHANAMTHITTA DISTRICT. 18. P.G.SADASIVAN ACHARY, TELECOM TECHNICAL ASSISTANT, TELEPHONE EXCHANGE, PATHANAMTHITTA. 19. S.REGHU, TELECOM TECHNICAL ASSISTANT, TELEPHONE BHAVAN, ALAPPUZHA. 20. P.KARUNAKARAN, TELECOM TECHNICAL ASSISTANT, BSNL, TRANSMISSION (INSTALATION AND MAINTENANCE), KANNUR. WP(C).No. 30313 of 2006 -3- 21. C.H.MOHANAN, TELECOM TECHNICAL ASSISTANT, BSNL, CITY EXCHANGE, KANNUR. 22. P.M.DAMODARAN, TELECOM TECHNICAL ASSISTANT, BSNL, KUTHUPARAMBU, KANNUR DISTRICT. 23. T.T.JANARDHANAN, TELECOM TECHNICAL ASSISTANT, BSNL, TELEPHONE BHAVAN, KANNUR. 24. A.RAGHAVAN, TELECOM TECHNICAL ASSISTANT, BSNL, SREEKANDAPURAM, KANNUR DISTRICT. 25. P.P.JAYAPRAKASH, TELECOM TECHNICAL ASSISTANT, BSNL, MATTANNUR, KANNUR DISTRICT. 26. V.ASOKAN, TELECOM TECHNICAL ASSISTANT, BSNL, MATTANNUR, KANNUR DISTRICT. 27. M.P.MANOHARAN, TELECOM TECHNICAL ASSISTANT, BSNL, KADIRUR, KANNUR DISTRICT. BY ADV. SRI.C.S.GOPALAKRISHNAN NAIR SMT.CHANDINI G.NAIR RESPONDENTS: ------------- 1. BHARATH SANCHAR NIGAM LTD., REP. BY ITS CHAIRMAN CUM MANAGING DIRECTOR, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-1. 2. CHIEF GENERAL MANAGER, BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM-1. 3. PRINCIPAL GENERAL MANAGER, BSNL, KOTTYAM SSA, KOTTAYAM. WP(C).No. 30313 of 2006 -4- 4. GENERAL MANAGER, BSNL, ALAPPUZHA SSA, ALAPPUZHA. 5. GENERAL MANAGER, BSNL, CANNANNORE SSA, CANNANNORE. 6. GENERAL MANAGER, BSNL, PATHANAMTHITTA SSA, THIRUVALLA. 7. DEPARTMENT OF TELECOM, REP. BY THE SECRETARY, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-1. BY ADV. SRI.B.JAYASANKER, SC, BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2008, ALONG WITH WPC NO. 3433 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30313 of 2006 APPENDIX PETITIONER'S EXHIBITS EXT.P1- A TRUE COPY OF THE ORDER DOT DO NO.39-23/86-SRT (PT) DATED 19.7.90 EXT.P2- A TRUE COPY OF THE ORDER DOT NO.27-4/87-TE-II(3) DATED 16.10.90 ISSUED BY THE DEPT. OF TELECOM EXT.P3- A TRUE COPY OF THE O.M.2-29/2000-RESTG DATED 30.9.00 ISSUED BY THE DEPT. OF TELECOM SERVICE. EXT.P4- A TRUE COPY OF THE LETTER NO.BSNL/4/SR/2000 DATED 4.4.01 EXT.P5- A TRUE COPY OF THEOPTION SUBMITTED BY 20TH PETITIONER EXT.P6- A TRUE COPY OORDER NO.27-1/KRL/KOTTAYAM/522/2002 DATED 28.1.02 ISSUED TO THE 1ST PETITIONER BY THE DIRECTIOR ESTT. (KERALA) OF OTHE DEPT. OF TELECOM EXT.P7- A TRUE COPY OF THE LETTER NO.31-20/83-PE I DATED 17.12.83 ISSUED BY THE DIRECTOR GENERAL P & T EXT.P8- A TRUE COPY OF THE ORDER GRANTING ORBP TO 10TH PETITIONER AS PER ORDER NO.STM-1011/2001/50 DATED 2.4.01 BY THE GENERAL MANAGER, SSA CALICUT WHERE HE WAS WORKING AT THE RELEVANT PERIOD EXT.P9- A TRUE COPY OF the ORDER DATED 11.10.91 BY THE DEPT. OF TELECOMMUNICATION EXT.P10- A TRUE COPY OF THE ORDER NO.1.38/MPP.98 DATED 20.4.99 EXT.P11- A TRUE COPY OF THE LETTER NO.1-38/98/MPP DATED 20.9.99 ISSUED BY THE DEPT. OF TELECOMMUNICATION EXT.P12- A TRUE COPY OF THE MINUTES OF THE MEETING COMMUNICATED IN CIRCULAR NO.BSNL/2/SR-2000 DATED 18.4.2001 ISSUED BY THE 1ST RESPONDENT EXT.P13- A TRUE COPY OF THE PAY FIXATION STATEMENT NO.1267/III/30 DATED 16.3.04 ISSUED BY THE RESPONDENT IN RESPECT OF 22ND PETITIONER EXT.P14- A TRUE COPY OF THE LETTER DATED 7.3.04 SUBMITTED TO THE 1ST RESPONDENT BY THE NATIONAL UNION OF BSNL WORKERS EXT.P15- THE UNION HAS SUBMITTED ANOTHER LETTER ON 7.6.05 TO THE FIRST RESPONDENT ON THE SAME SUBJECT. WP(C).No. 30313 of 2006 -2- EXT.P16- A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C)s.30313/2006 &3433/2007 -------------------- Dated this the 18th day of March, 2008 JUDGMENT Common issues arise for consideration in these cases. Therefore, they have been heard together and are disposed of by a common judgment. I will refer to the facts in Writ Petition No.3433/2007 in the first instance. Petitioners are Telecom Technical Assistants in the BSNL. They had entered service in the Department of Telecom. Later, on exercise of option they have been absorbed in the BSNL. According to them, Government of India had accorded approval for granting Time Bound Promotion for regular employees in the operative cadres in the P & T Department. They refer to Exts.P8 and P9 in this regard. Apparently Exts.P8 and P9 will show that the scheme for Time Bound Higher Grade is made applicable to basic grades in Group 'C' and Group 'D'. 2. Thereafter, the Department of Telecom reviewed the re-structuring of Group 'C' grade and it was decided and ordered that the officials, who after getting qualified, W.P.(C).s3433/2007 &30313/2006 2 trained and had entered in the re-structured cadre before 16 years of service, shall be placed in service, on completion of 16 years of total service, including the service rendered in the re-structured cadre. The same principle has to be adopted in the matter of completion of 26 years of service also. Petitioners contend that in the course of absorption of petitioners and others into BSNL, it was made clear that all the officers and staff will stand transferred along with their posts with existing terms and conditions on 'as is where is' basis. Reference is made to Ext.P5 which contains the Government of India instructions relating to transfer of DOT staff to BSNL. Referring to paragraph 6 of the agreement stated to have been entered into between the BSNL and three federations representing staff of the BSNL, it is contended that pending formation of the promotion policy and adoption of standing orders in the promotion policy, then existing OTBP (One Time Bound Promotion)/ BCR (Banner Cadre Rule)/ACP (Assured Career Programme) will continue to be followed by the BSNL. W.P.(C).s3433/2007 &30313/2006 3 According to the petitioners, promotion policy has not been finalized so far. Therefore, OTBP which was prevailing prior to Ext.P5, should be made applicable to the petitioners and similarly situated persons. In other words, according to them, since cadre promotion is not being resorted to, on account of lack of promotion policy, they should be granted Time Bound Higher Grade. 3. Counter affidavit has been filed by the respondents. Paragraph 10 of the counter affidavit reads as follows:- As regards paragraph 7 and 8 of the writ petition, it is submitted that the averments made by the petitioners claiming implementation of OTBP/BCR scheme to TTAs including petitioners is based on misconceived notion on the matter. It may be significantly noted that the OTBP/BCR pay scales prescribed under concerned schemes, relate to pre-restructured cadres W.P.(C).s3433/2007 &30313/2006 4 only which are granted on completion of 16/26 years of services in the pre-structured cadres. There are no OTBP/BCR pay scales in force in any of the Restructured cadres viz, TTA, TM and Sr.TOA. Since induction to restructured cadres started around 1994, prescribing any OTBP/BCR scale of the Restructured cadres is not relevant being premature. The special dispensation of higher pay scales prescribed under Exts.P10 and P11 OMs has been granted to all the Restructured cadre officials on completion of 16/26 years of service including the service rendered in the Pre-restructured cadres. The special dispensation of higher pay scales are/were not linked with the spirit of OTBP/BCR policy. 4. The stand taken by the respondents therefore, is that the higher pay scale which was decided consequent upon the formation of BSNL was not linked to OTBP/BCR policy and therefore OTBP/BCR pay scales cannot be made applicable to the re-structured cadres as it was done in the case of the pre-restructured cadre. I find W.P.(C).s3433/2007 &30313/2006 5 force in this submission. After all, higher grade is always decided taking note of the pay scale available. Therefore, if the higher pay scale which apparently was brought into vogue under the new dispensation, was in relation to the re-structured cadre, then in the absence of specific orders providing for the application of OBBP/BCR pay schemes in relation to the re-structured cadre, it cannot be directed to be given as a matter of course. 5. I cannot, therefore, find my way to issue a direction as sought for by the petitioners as such. But nevertheless, it is always open to the respondents to pass fresh orders taking note of the delay in the adoption of standing orders as part of the Promotion Policy and further take note of the stagnation of several TTA's without chances of cadre promotion as such. 6. In the result, writ petitions are disposed of in the following terms. W.P.(C).s3433/2007 &30313/2006 6 7. Respondents shall look into the grievance highlighted by the petitioners in Ext.P17 in Writ Petition No.3433/2007 and Ext.P16 in Writ Petition No.30313/2006 and convey a decision thereon within a period of six months from the date of receipt of a copy of this judgment. Such decision may be taken without being bound by the stand that has been taken in the counter affidavit filed by the respondents. It is made clear that I have not expressed any opinion on the acceptability of the demand made by the petitioners in this regard. V.GIRI, Judge mrcs