IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 22013 of 2004(U) -------------------------- PETITIONER: ------------ E.H.BASHEER, AGED 55 YEARS, S/O. HASSAN, SUB DIVISIONAL ENGINEER, TELEPHONE BHAVAN, ANNIE HALL ROAD, CALICUT-673 002 RESIDING AT EANTHUMKAL HOUSE, P.O. KUTTIKKATTOOR, CALICUT-673 008. BY ADV. SRI.R.SREERAJ SRI.S.D.ASOKAN SRI.NIDHI BALACHANDRAN SRI.ANIL R. NAIR RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO THE GOVT. OF INDIA MINISTRY OF COMMUNICATIONS & INFORMATION TECHNOLOGY, SANCHAR BHAVAN, NEW DELHI-110 001. 2. THE DIRECTOR (STAFF), BHARAT SANCHAR NIGAM LTD., ROOM NO.504, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI-110 001 3. THE CHIEF GENERAL MANAGER, TELECOM, BHARAT SANCHAR NIGAM LTD., KERALA CIRCLE, TRIVANDRUM. BY ADV. SRI.K.KESAVANKUTTY, SC, BSNL FOR R1TO3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO. 2-41/94-STG , II DATED 27.5.1994 ISSUED BY THE GOVERNMENT OF INDIA, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF TELECOMMUNICATIONS. EXT.P2 TRUE COPY OF THE REPRESENTATION DATED 22.2.1996 SUBMITTED BY THE PETITIONER TO THE CHAIRMAN, TELECOM COMMISSION. EXT.P3 TRUE COPY OF REPRESENTATION DATED 9.12.1998 SUBMITTED BY THE PETITIONER TO THE DEPUTY DIRECTOR GENERAL (STG II), DEPARTMENT OF TELECOM, NEW DELHI. EXT.P4 TRUE COPY OF THE ORDER NO. 3-75/2000-STG-IV DATED 26.4.2000 OF THE GOVERNMENT OF INDIA, MINISTRY OF COMMUNICATIONS, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI. EXT.P5 TRUE COPY OF THE REPRESENTATION DATED 9.4.2001 SUBMITTED BY PETITIONER TO THIRD RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 13.7.2001 SUBMITTED BY PETITIONER TO THIRD RESPONDENT. EXT.P7 TRUE COPY OF THE ORDER NO. F.NO. 2-45-2000-VIG.II DATED 7.3.2002 ISSUED BY THE FIRST RESPONDENT. EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 7.5.2002 SUBMITTED BY THE PETITIONER TO THE SR. D.D.G. (PERS.), BSNL, SANCHAR BHAVAN , 20 ASHOKA ROAD, NEW DELHI 110 001. EXT.P9TRUE COPY OF THE REPRESENTATION DATED ;30.7.2002 SUBMITTED BY THE PETITIONER TO THE SR. D.D.G. (PERS.), BSNL, SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI 110 001. EXT.P10 TRUE COPY OF THE REPRESENTATION DATED 30.9.2002 SUBMITTED BY PETITIONER TO SR. D.D.G. (PERS.), BSNL, SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI 110 001. EXT.P11 TRUE COPY OF THE ORDER NO. ST-III/1-1/GENL./2000 DATED 28.11.2002 ISSUED ON BEHALF OF THE THIRD RESPONDENT. EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 30.1.2003 SUBMITTED BY THE PETITIONER TO SR.DDG (PERS), BSNL, NEW DELHI. EXT.P13 TRUE COPY OF THE LETTER NO. STI-III/1-1/GENL/2000 DATED 20.10.2003 ISSUED OSN BEHALF OF THE THIRD RESPONDENT. EXT.P14 TRUE COPY OF THE REPRESENTATION DATED 1.7.2004 SUBMITTED BY PETITIONER TO 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3 OFFICE MEMORANDUM DATED 14.9.1992 OF THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, DEPT. OF PERSONNEL AND TRAINING, GOVERNMENT OF INDIA, NEW DELHI. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO.22013 OF 2004 -------------------------------------------- Dated this the 6th day of June, 2008 JUDGMENT Petitioner's grievance is that even though his promotion as Sub Divisional Engineer was overdue, he was given promotion on regular basis only with effect from 31.10.2002 vide Ext.P11. I heard counsel appearing for the petitioner and standing counsel appearing for BSNL. 2. Petitioner joined service as a Junior Engineer. However, when petitioner was considered for promotion on two occasions in 1998 and 2000, petitioner was denied the same by DPC because on both the occasions petitioner had the disability of disciplinary action against him for repeated lapses on his part as a supervisory staff. The last punishment was withholding of increment for two years that is from 1.4.1999 to 31.3.2001. On appeal, the punishment was reduced to censure but without mentioning the period for which the said order is to be effective. However, petitioner was given promotion as Officiating Sub Divisional Engineer and his promotion was regularised only with effect from 31.10.2002. The significance of this date is not 2 made known either to the petitioner or to this Court by BSNL. Counsel for the petitioner rightly contended that even if punishment was not reduced in appeal, petitioner's disability in regard to withholding of increment would have been over by 31.3.2001. Therefore petitioner should have got promotion on regular basis at least with effect from 1.4.2001. I do not think petitioner can be put to a higher disability in regard to promotion after his punishment was reduced from withholding of increment for two years to censure. In the circumstances, I allow the Writ Petition in part by directing the BSNL to give regular promotion to the petitioner as Sub Divisional Engineer with effect f rom 1.4.2001 instead of 31.10.2002 and give financial benefits within three months from the date of production of a copy of this judgment. (C.N. RAMACHANDRAN NAIR) Judge kk 3