IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 8245 of 2005(F) ------------------------------------- PETITIONERS: -------------------- 1. LALITHA KUMARI T., D/O. THE LATE T.P. NARAYANA PILLAI, AGED 55 YEARS, WORKING AS DIVISIONAL ENGINEER (OCB) (OFFICIATING), TELEPHONE EXCHANGE, KOTTAYAM, RESIDING AT `AGOLA', PUZHAVATHU, CHANGANASSERY. 2. VASANTHA KRISHNAN, D/O. THE LATE T.K.R. VANCHEESWARA IYER, AGED 55 YEARS, SUB DIVISIONAL ENGINEER (DLC MAINTANANCE) BOAT JETTY EXCHANGE, ERNAKULAM, RESIDING AT `SINDHOORA SANDHAYA' 30/4, THOTTAKKATTUKARA P.O., ALUVA. 3. K.V. SALIM, S/O. SRI.K.S. VARKEY, AGED 46 YEARS, WORKING AS SUB DIVISIONAL ENGINEER, TELECOM, ALUVA, RESIDING AT KATTACHIRAKUNNEL HOUSE, U.C. COLLEGE P.O., ALUVA. 4. K.C. MUKUNDAN NAIR, S/O. THE LATE K.G. CHANDRASSEKHARAN NAIR, AGED 45 YEARS, WORKING AS SUB DIVISIONAL ENGINEER (INTERNAL) MUVATTUPUZHA, RESIDING AT `KOUSTHUBHAM' VALAYANCHIRANGARA P.O., ERNAKULAM DISTRICT, PIN-683 556. 5. T.R. RAJAN, S/O. SRI.T.V. RAMAN, AGED 52 YEARS, WORKING AS SUB DIVISIONAL ENGINEER (EXTERNAL), ALUVA, RESIDING AT THATHUPARA HOUSE, KALATHIL LANE, ALUVA-1. 6. G. KRISHNAN, S/O. SRI.K. GOPALAKRISHNAN AGED 42 YEARS, WORKING AS SUB DIVISIONAL ENGINEER (INSTALLATION) OFFICE OF DIVISIONAL ENGINEER, SWTICHING INSTALLATION, TELEPHONE EXCHANGE, PALARIVATTOM, RESIDING AT VADAKKETHACHETHU PARAMBU MADOM, THRIPUNITHURA, PIN - 682 301. W.P.(C). NO.8245/2005-F: 7. ACHAMMA THOMAS, D/O. THE LATE P.M. THOMAS, AGED 43 YEARS, SUB DIVISIONAL ENGINEER (NETWORK MAINTANANCE), OFFICE OF DEPUTY GENERAL MANAGER (MAINTANANCE), SOUTHERN TELECOM SUB REGION, ERNAKULAM, RESIDING AT D2/ CO-AXIAL STAFF QUARTERS, CARRIER STATION ROAD, KOCHI - 16. 8. T. SREEKANTAN NAIR, S/O. THE LATE P.K. KRISHNAN NAIR, AGED 58 YEARS, SUB DIVISIONAL ENGINEER, BSNL, KOLENCHERRY PIN-682 311, RESIDING AT THEMAT HOUSE, NEAR BLOCK OFFICE, KOLENCHERRY P.O., PIN-682 311. 9. SANI OUSEPH, D/O. SRI.A.P. KURIAKOSE, AGED 43 YEARS, SUB DIVISIONAL ENGINEER, EXTERNAL WEST, PANAMPILLY NAGAR, KOCHI-36, RESIDING AT HOUSE NO.37/666, ROYAL LANE, KADAVANTHARA, KOCHI-20. 10. P.P. JOSEPH, S/O. THE LATE P.P. PAILY, AGED 55 YEARS, SUB DIVISIONAL ENGINEER, COMMERCIAL, BSNL, ALUVA, RESIDING AT HOUSE NO.1/139, PAYYAPPILLY HOUSE, MALLUSSERRY, P.O. VATTAPPARAMBU, PIN-683 579, ERNAKULAM DISTRICT. 11. LISSY GEORGE, D/O.THE LATE K.V.VARKEY, AGED 44 YEARS, SUB DIVISIONAL ENGINEER, OFS MAINTENANCE, SOUTHERN TELECOM SUB REGION, ALUVA-683 101, RESIDING AT AMBATTU HOUSE, ERUMATHALA P.O., CHOONDY, ALUVA-683 105. 12. JAYA SREE.P.-II, D/O.THE LATE P.SREEDHARAN NAIR, AGED 42 YEARS, SUB DIVISIONAL ENGINEER (AXE), BSNL, ALUVA-683 101, RESIDING AT `SASTHASADAN', NEAR TASS HALL, ALUVA-683 101. 13. B.VIKRAMAN NAIR, S/O.THE LATE P.BHASKARA PILLAI, AGED 52 YEARS, SUB DIVISIONAL ENGINEER, BSNL, VAZHAPPILLY, MUDAVOOR P.O., MUVATTUPUZHA-686 673, RESIDING AT `VRINDAVAN', KAKKADASSERRY, PUTHUPPALLY P.O., MUVATTUPUZHA, 686 673. 14. V.KRISHNASWAMY, S/O.THE LATE T.K.R.VANCHEESWARA IYER, AGED 52 YEARS, SUB DIVISIONAL ENGINEER, SATELLITE EARTH STATION, BSNL, MEENKUNNAM P.O., MUVATTUPUZHA RESIDING AT PUTHEN MADOM, VELLOORKUNNAM, MUVATTUPUZHA MARKET P.O. W.P.(C). NO.8245/2005-F: 15. SUSAN ROY, S/O.SRI.O.P.JACOB, AGED 43 YEARS, SUB DIVISIONAL ENGINEER, DIGITAL TRANSMISSION STATION, ERNAKULAM SOUTH, KOCHI-16, RESIDING AT `SRUTHY', RAVEENDRAN ROAD, ELAMKULAM, KOCHI-20. 16. C.V.MOHANDAS, S/O.THE LATE C.K.VASU, AGED 54 YEARS, SUB DIVISIONAL ENGINEER (PRO), OFFICE OF PGMT, SC/ST BUILDING, PALACE ROAD, TRISSUR-20, RESIDING AT HOUSE NO.26/141, CHEMBIL HOUSE, CO-OPERATIVE ROAD, CHEMBUKKAVU, TRISSUR-20. 17. IGEE.K.K., D/O.THE LATE K.P.KURIAN, AGED 43 YEARS, SUB DIVISIONAL ENGINEER, CABLES, ELLORA TOWER, KOLENCHERRY, RESIDING AT NJATTUMKALA HOUSE, KADAYIRUPPU P.O., KOLENCHERRY- 682 311. 18. JANCEY.K.JOSEPH, D/O.THE LATE K.V.JOSEPH, AGED 43 YEARS, SUB DIVISIONAL ENGINEER OCB EXCHANGE, BOAT JETTY, ERNAKULAM, KOCHI-682 011 RESIDING AT MARIYA VILLA, WEST KAKKANADU P.O., PULLIKKILLAM EAST ROAD, KOCHI-30. 19. T.SARALA, D/O.THE LATE C.RAMAN MENON, AGED 43 YEARS, SUB DIVISION ENGINEER, D TAX, BSNL, TELEPHONE EXCHANGE, CHEMBUKKAVU, THRISSUR-20, RESIDING AT III/229, `KAIVALLIAM' NATIONAL HIGH SCHOOL ROAD, KARUKULANGARA, IRINJALAKUDA, THRISSUR DISTRICT-680 121. 20. USHA PRABHA, D/O.THE LATE G.T.PILLAI, AGED 43 YEARS, COMMERCIAL OFFICER I, OFFICE OF THE PGMT, BSNL, COCHIN DEVASWOM BOARD BUILDING, ROUND NORTH, THRISSUR-1, RESIDING AT SOUPARNIKA, PREMIER ROAD, VETTICKAL, MANNUTHY P.O., THRISSUR-680 651. 21. M.MAHABOOB, S/O. THE LATE A MUHAMMED KUTTY, AGED 45 YEARS, SUB DIVISIONAL ENGINEER (EP), EMP.NO.3186009, O/O.THE PGMT, COCHIN DEVASWAM BOARD BUILDING, THRISSUR 680 001, RESIDING AT HOUSE NO.34/1743, KANJIRANGADI, KOORKKANCHERRY P.O.,THRISSUR-680 007 22. C.R.INDIRA D/O. THE LATE RAMAN NAMBIDI, AGED 45 YEARS, SUB DIVISIONAL ENGINEER, BSNL, TELEPHONE EXCHANGE, CHALAKUDI-680 307, RESIDING AT 22/288, KUNDIL MADOM IRRIGATION QUARTERS ROAD, CLALAKKUDI 680 307. W.P.(C). NO.8245/2005-F: 23. KAMALA V., D/O. SRI.M.A.VISWANATHA IYER, AGED 53 YEARS, SUB DIVISIONAL ENGINEER, EQPT. PLANNING, BSNL, O/O.THE PGMT, KOTTAYAM-1, RESIDING AT NAVACHITANYA, MARIATHURUTHU P.O., KOTTAYAM-27. 24. LEELAMMA SEBASTIAN D/O. THE LATE A.J.JOSEPH, AGED 52 YEARS, SUB DIVISIONAL ENGINEER, EQPT.PLANNING O/O THE PGMT, KOTTAYAM RESIDING AT ELAMTHURUTHIL HOUSE, MANGANAM P.O., KOTTAYAM -686 018. 25. LIBY ELIZABETH PHILIP, D/O. THE LATE I.M.MATHEW, AGED 54 YEARS, SUB DIVISIONAL ENGINEER, BSNL, KOTTAYAM- 686 001 RESIDING AT INCHIKALAYIL HOUSE, MANGANAM P.O., KOTTAYAM-18. 26. P.SOBHANA D/O. SRI.T.MADHAVAN NAIR, AGED 50 YEARS, SUB DIVISIONAL ENGINEER, BSNL, TRANSMISSION PLANNING, O/O.THE GMT, CALICUT-2, RESIDING AT 37/1167,"KAIRALI", P.O.KARUVASSERI, CALICUT- 673 010. 27. P.V.RAGHUNATH S/O. THE LATE T.T.V.MADHAVAN, AGED 46 YEARS, SUB DIVISIONAL ENGINEER, E-103 EXCHANGE, BSNL, VELIYIL, CALICUT- 673 032, RESIDING AT D-4, TELECOM STAFF QUARTERS, CHEVAYUR, CALICUT -673 017. 28. SALEEMA P.T., D/O. SRI.MOHAMMED KUTTY P.T., AGED 43 YEARS, SUB DIVISIONAL ENGINEER, PUBLIC GRIEVANCE, BSNL, OFFICE OF THE GMT, KOZHIKODE- 673 001, RESIDING AT 1/4588 B FEBIN MANSION, P.M.KUTTY ROAD ERANHIPALAM P.O., KOZHIKODE- 673 006. 29. A.J.KORAN, S/O. THE LATE SRI.A.K.JOHN, AGED 57 YEARS, SUB DIVISIONAL ENGINEER, BSNL, OFS, DIG TRAM STATION, STR, ERNAKULAM- 682 016, RESIDING AT ACHIRETHALAKAL HOUSE, ERANIMANGALAM P.O., MUTTUCHIRA, KOTTAYAM DISTRICT. 30. NARAYANAN M.S. S/O. THE LATE M.SANKARAN EZHUTHASSAN, AGED 55 YEARS, SUB DIVISIONAL ENGINEER (GENERAL) OFFICE OF THE PGM TELECOM, THRISSUR-1, RESIDING AT MULANGAT HOUSE, P.O.KARYAVATTOM, VIA.VALAPPAD- 680 567. W.P.(C). NO.8245/2005-F: 31. C.K.SUBRAMANIAN, S/O. THE LATE C.N.KRISHNAN NAMBOODIRI, AGED 58 YEARS, SUB DIVISIONAL ENGINEER (L&B), OFFICE OF THE PRINCIPAL GENERAL MANAGER, TELECOM, THRISSUR, RESIDING AT CHERUKUNNATHU MANA, P.O.CHEVOOR, THRISSUR -680 027. 32. K.V.PHILIP, S/O. KURIAN VARKEY, AGED 58 YEARS, ASST.GENERAL MANAGER (ADMINISTRATION) GMT OFFICE MALAPPURAM, RESIDING AT KARUCHIRA THEKETHIL, VAKATHANAM P.O., KOTTAYAM DISTRICT -686 538. 33. T.RADHAKRISHNAN, S/O. THE LATE C.R.ACHUTHAN NAIR AGED 42 YEARS, SUB DIVISION ENGINEER (NEW SERVICES AND MARKETING), OFFICE OF THE GMT, BSNL, MALAPPURAM RESIDING AT KUTTASSERY HOUSE, EAST KODUR, P.O.CHATTIPPARAMBA, MALAPPURAM. 34. DEVASIA CHACKO S/O. THE LATE CHACKO, AGED 56 YEARS, SUB DIVISIONAL ENGINEER (COMMERCIAL), OFFICE OF THE GENERAL MANAGER MOBILE SERVICES, LUKE'S LANE PULIMOODU,RESIDING AT TC.3/450(2),THEYAPALLY,VIKAS NAGAR, T.K.D ROAD, MUTTADA, THIRUVANANTHAPURAM-25. 35. P.R.MURTHY, S/O. THE LATE A.PARASURAMA IYER, AGED 45 YEARS, SUB DIVISIONAL ENGINEER (EXTERNAL), MANACAUD, THIRUVANANTHAPURAM- 695 009, RESIDING AT TC.23/438, 'USHAS', VALIYASALA, THIRUVANANTHAPURAM 695 036. BY ADV. SRI.O.V.RADHAKRISHNAN (SR.), SMT.K.RADHAMANI AMMA, SRI.ANTONY MUKKATH. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATIONS AND INFORMATION TECHNOLOGY, DEPARTMENT OF TELECOMMUNICATIONS, 421 SANCHAR BHAVAN- 20 ASHOKA ROAD, NEW DELHI-110 001. W.P.(C). NO.8245/2005-F: 2. CHAIRMAN, TELECOM COMMISSION, 421 SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI -110 001. 3. DIRECTOR (STAFF), DEPARTMENT OF TELECOMMUNICATIONS, 421 SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI 110 001. 4. BHARAT SANCHAR NIGAM LIMITED REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, SATESMAN BUILDING, NEW DELHI-1. 5. CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, KERALA CIRCLE, THIRUVANANTHAPURAM. 6. CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, SOUTHERN TELECOM REGION, CHENNAI. 7. MOHANAN A.R., PUBLIC RELATIONS OFFICER, OFFICE OF THE PGMT, BSNL BHAVAN, ERNAKULAM, KOCHI-16. 8. JAINY BABY, SUB DIVISIONAL ENGINEER, MICRO WAVE MAINTENANCE, KANNUR. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008,ALONG WITH W.P.(C). NOS.9634/2005, 191292005 & 13155/2006,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.8245/2005-F: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER NO. 2-7/98-STS-II DTD. 21/10/1998 OF THE R.1. EXT.P.2: COPY OF THE OFFICE MEMORANDUM NO.2-29/2000-RESTG. DTD. 30/09/2000 OF THE R.1. EXT.P.3: COPY OF THE ABSORPTION ORDER NO. 20-9/KERALA/226/2004 DTD. 25/02/2004 ISSUED TO THE P1. EXT.P.4: COPY OF THE TES (GROUP B POSTS), RECRUITMENT RULES, 1981 PUBLISHED AS PER NOTIFICATION DTD. 07/05/1981. EXT.P.5: COPY OF THE FINAL SENIORITY LIST OF TES GROUP B PUBLISHED AS LIST NO. 4 AND 5 AS ON 26/03/2001 AND 28/03/2001 ALONGWITH COVERING LETTER NO. 16-1/2001-STG-IIDTD. 02/07/2001. EXT.P.5.A: COPY OF THE ORDER NO. 16-1/2001-STG-II DTD. 29/01/2002 OF THE R.1. EXT.P.5.B: COPY OF THE ORDER NO. 16-1/2001-STG-II DTD. 02/08/2001 OF THE R.1. EXT.P.5.C: COPY OF THE ORDER NO. 16-1/2001-STG-II DTD. 29/01/2002 OF THE R.1. EXT.P.6: COPY OF THE POSTING ORDER NO. E.II.336/II/137 DTD. 03/05/2002 OF THE GENERAL MANAGER, KOTTAYAM. EXT.P.6.A: COPY OF THE POSTING ORDER NO. MLP-SSA/STS/04-05/60 DTD. 13/07/2004 OF THE GENERAL MANAGER, MALAPPURAM. EXT.P.7: COPY OF THE TELECOMMUNICATIONS ENGINEERING SERVICE (GROUP `B' POSTS) RECRUITMENT RULES, 1996 PUBLISHED AS PER NOTIFICATION DTD. 22/07/1996. EXT.P.8: COPY OF THE ORDER DTD. 25/10/1996 IN SLP (CIVIL) NO. 26071/96 OF THE HON'BLE SUPREME COURT OF INDIA. EXT.P.9: COPY OF THE AFFIDAVIT DTD. 25/08/1998 IN O.A. NO. 297/1998 ON THE FILE OF THE C.A.T. ERNAKULAM. EXT.P.10: COPY OF THE ORDER DTD. 15/10/1998 OF THE R.4. EXT.P.11: COPY OF THE ORDER DTD. 31/08/1999 IN O.A. NOS. 946/1998 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE. EXT.P.12: COPY OF THE OFFICE ORDER NO. 15-16/2000-STG-II DTD. 11-11-2004 ALONG WITH ANNEXURE-A. W.P.(C). NO.8245/2005-F: EXT.P.13: COPY OF THE ORDER DTD. 21/07/2003 IN O.A. NO. 1031/01 AND 849/02 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH. EXT.P.14: COPY OF THE OFFICE ORDER NO. 16-1/2004-STG-II DTD. 20/12/2004 OF THE R.1. EXT.P.15: COPY OF THE SENIORITY LIST NO.4, 5 AND 6 OF TES GROUP B ALONGWITH LETTER DTD. 15/11/2004. EXT.P.16: COPY OF THE LETTER NO. 5-7/2000-DE OF THE BSNL DTD. 20/04/2001. EXT.P.17: COPY OF THE ORDER DTD. 11/02/2005 ON I.A. NO. 1545/2005 ON O.P. NO. 37134/2001 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: EXT.R5.A: COPY OF THE ORDER IN O.A. 946/99 DTD. 31/08/99 OF THE CAT BANGALORE BENCH. EXT.R5.B: COPY OF THE ORDER IN O.A. 1031/2001 DTD. 21/07/2003 OF CAT BANGALORE. EXT.R5.C: COPY OF THE ORDER IN C.M.P. 35256/2001 IN O.P. 21656/2001. EXT.R5.D: COPY OF THE ORDER DTD. 21/01/1998 ISSUED BY THE MINISTRY OF COMMUNICATION. EXT.R5.E: COPY OF THE ORDER DTD. 20/12/04 ISSUED BY THE DEPARTMENT OF TELECOMMUNICATION. EXT.R5.F: COPY OF THE JUDGMENT IN W.P. 43253/1999 OF HIGH COURT OF KERALA. EXT.R5.G: COPY OF THE TES GROUP B RECRUITMENT RULES 1981. EXT.R5.H: COPY OF THE AMENDMENT DTD. 02/05/1986 OF THE RECRUITMENT RULES. EXT.R5.I: COPY OF THE AMENDMENT DTD. 04/02/1987 OF THE RECRUITMENT RULES. EXT.R5.J: COPY OF THE GAZETTE NOTIFICATION DTD. 22/06/1996 WITH HINDI TRANSLATION. //TRUE COPY// prv. K.BALAKRISHNAN NAIR, J. ----------------------------------------------------------------------------------- Writ Petition (C) Nos.8245/05, 9634/05, 19129/05 & 13155/06 ----------------------------------------------------------------------------------- Judgment Since the very same point is raised for decision in all these Writ Petitions, they are heard and disposed of by this common judgment. Writ Petition (C) No.8245/05 2. This Writ Petition is treated as the main case. The brief facts of the case are the following : The petitioners are either Divisional Engineers or Sub Divisional Engineers under the BSNL. Their seniority in the cadre of Sub Divisional Engineer is the subject matter of this Writ Petition. All of them were promoted along with others as Sub Divisional Engineers by Ext.P1 order dated 21.10.1998. Altogether, 3629 Junior Telecom Officers were promoted to the cadre of Sub Divisional Engineer by Ext.P1. Relying on the claim of the respondents in paragraph 1 (x) of Ext.P9 affidavit, the petitioners point out that at the relevant time, 4200 vacancies were available in the cadre of SDOT. The recruitment rules governing appointing to the said post were amended with effect from 22.07.1996. It is common case that the vacancies which arose before the said date were to be filled up in accordance with the erstwhile recruitment rules issued in 1981. But the unqualified seniors on the said date, WPC 8245/05 & connected cases 2 felt aggrieved by the promotion of so many persons who were juniors to them, to the vacancies which were available as on 22.07.1996. So, some of the seniors filed two OAs before the CAT Bangalore bench. The said bench quashed Ext.P10 order dated 15.10.1998, which created 1966 posts of SDOT with retrospective effect from 15.10.1993. The retrospectivity given to that order was challenged by the unqualified seniors who were aspiring for promotion, in 1998. They contended that those vacancies can come into existence only prospectively. The said contention was accepted by the CAT and the retrospectivity given to the creation of 1966 posts w.e.f. 15.10.1993 was quashed by the CAT, Bangalore bench. Based on the reduction of those vacancies, the respondents swung into action and immediately cancelled Ext.P1 promotion order by Ext.P12 order. They felt that there may not be sufficient vacancies available to accommodate 3629 incumbents promoted under Ext.P1. Apparently, that was the reason for the reaction of the respondents manifested by Ext.P12. 3. The petitioners attacked Ext.P12, contending that there were 4200 vacancies available before 22.07.1996 and they were promoted to 3629 vacancies out of them and so the quashing of the retrospectivity given to the WPC 8245/05 & connected cases 3 creation of 1966 vacancies will not affect them. The competent authorities published Exts.P14 and P16 consequential seniority lists also pursuant to Ext.P12. So, the OA was filed, challenging Exts.P12, P14 and P16, based on the aforementioned grounds. Though the respondents have filed a counter affidavit, the above points raised by the writ petitioners are not specifically met in the said counter affidavit. 4. I heard the learned counsel on both sides. The learned Senior Counsel Shri.O.V.Radhakrishnan reiterated the aforementioned contentions of the writ petitioners. The learned Standing Counsel for the BSNL Shri.Mathews.K.Philip submitted that Ext.P12 interim order was issued subject to the orders that may be passed in certain Writ Petitions pending before this Court. It is submitted that those Writ Petitions mentioned in Ext.P12 were subsequently disposed of directing the BSNL to publish fresh seniority lists in accordance with law. It is also pointed out that steps are being taken to publish a fresh seniority list. The learned counsel also pointed out that Exts.P14 and P16 are only draft seniority lists and they cannot affect the rights of the writ petitioners. 5. In view of the contentions raised by the writ petitioners that the WPC 8245/05 & connected cases 4 reduction of 1966 vacancies in the cadre of SDOT will not affect their promotion, which is not seriously controverted, I am of the view that there is no justification for cancelling Ext.P1 by Ext.P12 order. Accordingly, Ext.P12 is quashed. But respondents 2 and 3 will be free to review the promotions granted to the vacancies which were available on 22.07.1996 with reference to the actual vacancies available and publish the seniority list with opportunity to affected persons to object to the same. In view of the quashing of Ext.P12, Exts.P14 and P15 cannot survive. Further, those lists are being replaced by a fresh list as submitted by the learned Standing Counsel for the BSNL. Therefore, Exts.P14 and P15 are also quashed. It is clarified that if there is dearth of vacancies as on 22.07.1996 to accommodate all promotees, the excess junior hands can be reverted. Writ Petition (C) Nos.9634/05, 19129/05 & 13155/06 6. The Judgment in Writ Petition (C) No.8245/05 shall be treated as the Judgment in these cases also. 01.02.2008 K.BALAKRISHNAN NAIR,JUDGE sta WPC 8245/05 & connected cases 5