IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 19831 of 2010(S) --------------------------------------- OA.721/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .................... PETITIONER(S): ----------------------- 1. BSNL PERSONAL STAFF ASSOCIATION, KERALA CIRCLE UNIT, REP. BY PRESIDENT A.D.THOMAS, AGED 54 YEAERS, S/O.M.DEVASYA, RESIDING AT ALAMPARAMBIL HOUSE, KURISUMMOODU.P.O., CHANGANACHERRY, WORKING AS PERSONAL ASSISTANT, OFFICE OF PRINCIPAL GENERAL MANAGER TELECOM, BSNL,TELEPHONE EXCHANGE, THIRUNAKKARA, KOTTAYAM-1. 2. M.T. SASIDHARA MENON, AGED 53 YEARS, S/O.P.G.THRIVIKRAMA MENON, RESIDING AT 30/115, SARIKA, PETTA, POONITHURA P.O., WORKING AS PERSONAL ASSISTANT, OFFICE OF DY.GENERAL MANAGER (RADIO PLANNING), BSNL MOBILE SERVICES, 3RD FLOOR, TELEPHONE EXCHANGE BUILDING, PANAMPILLY NAGAR, KOCHI-682 036. BY ADV. SRI.G.D.PANICKER, SMT.JEENA JOSEPH. RESPONDENT/RESPONDENT: ------------------------------------------- 1. BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, BSNL, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW-110 001. 2. THE ASSISTANT DIRECTOR GENERAL (PERS.II) BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, BSNL, BHARAT SANCHAR BHAVAN, HARISH CHANDRA MATHUR LANE, JANPATH, NEW-110 001. 3. THE CHIEF GENERAL MANAGER, TELECOM, BSNL, KERALA CIRCLE, THIRUVANANTHAPURAM. 4. SMT. ALEYAMMA THOMAS, PRIVATE SECRETARY OFFICE OF CHIEF GENERAL MANAGER, TELECOM, MADHYA PRADESH TELECOM CIRCLE, BHOPAL-462 015, UNDER TEMPORARY TRANSFER TO THE OFFICE OF THE CHIEF GENERAL MANAGER, TELECOM, BSNL, KERALA CIRCLE, TRIVANDRUM-33. R1 TO R3 BY ADV. SRI.P.M.M.NAJEEB KHAN, SC, BSNL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C)No.19831 of 2010-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of June, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.The first petitioner is an Association of BSNL Personal Staff. The second petitioner is a Personal Assistant working in the Office of the Deputy General Manager(Radio Planning), BSNL Mobile Services. 2.The fourth respondent was working in Madhya Pradesh Telecom Circle in Bhopal as Private Secretary in the Office of the Chief General Manager, Telecom. Going by the pleadings in the original application in which the impugned order has been issued by the Central Administrative Tribunal, she is under temporary transfer to the WPC19831/10 -: 2 :- Office of the Chief General Manager, Telecom, BSNL, Kerala Circle. This was challenged before the Tribunal by the writ petitioners. 3.It appears that the transfer of the fourth respondent, apparently on a regular basis, was earlier challenged and the order was directed to be looked into at the highest level in the establishment. It was then concluded that an inter-circle transfer, of a regular nature, was not permissible. It appears that it is thereafter that the fourth respondent got an accommodation in Kerala Circle on a temporary transfer basis. 4.The challenge against the aforesaid temporary transfer to the Kerala Circle was negatived by the Tribunal. However, it was directed that all available vacancies which are left unfilled from the different zones be taken up and action be taken to fill up all those vacancies. 5.Challenging the decision of the Tribunal as also WPC19831/10 -: 3 :- the impugned executive action, the learned counsel for the petitioners argued that while Kerala Telecom Circle is suffocating with personnel who are stagnating in different posts who could aspire for being pushed up the ladder either on officiating basis or otherwise, persons from outside Kerala Circle are being brought in, thereby pushing the local employees to further peril of stagnation. It is pointed out that the Recruitment on Seniority-Cum-Fitness basis and recruitment under Limited Internal Competitive Examination basis are not being made at the appropriate time and that this results in exclusion of large chunk of employees from going up the establishment ladder. 6.With the aforesaid, we wanted the learned counsel for the petitioners to tell us specifically as to whether the second petitioner was one who could aspire for being promoted to the post of Private Secretary in the Kerala circle. The answer was in the negative. Here, the second petitioner cannot WPC19831/10 -: 4 :- aspire directly for being considered for the post of Private Secretary. Hence, all that remains is the larger issue sought to be raised at the instance of the first writ petitioner which is a trade union. We caution ourselves of the limits of judicial review in service matters, at the instance of persons who are not directly affected. Except in the cases of the most marginalized sector, who either by reason of their social or economic situations, cannot reach the court seeking judicial review, matters relating to service cannot call for consideration on cases instituted by persons who are not directly affected by any decision touching service matters. The Apex Court has repeatedly cautioned in this regard. 7.In the aforesaid premise, we proceed to consider whether there is any injustice done by the impugned decision of the Tribunal. In paragraph 3 of the impugned order, the Tribunal has noted the vacancy status and position of WPC19831/10 -: 5 :- posts. It has recorded the statement of the official respondents that as on 3.2.2010, the total sanctioned strength of Private Secretaries in the Kerala Telecom Circle is 50, out of which, 38 posts are to be filled up on Seniority-Cum- Fitness basis and 12 posts under the Limited Internal Competitive Examination basis. The Tribunal has recorded that the impugned transfer of the fourth respondent on a temporary basis will, in no way, affect the promotional chances of the Personal Assistants in the Kerala circle. It has been recorded that at present, seven vacancies are available for Seniority-Cum-Fitness quota with five posts for open category and two posts for Schedule Tribe category. The 12 vacancies in Limited Internal Competitive Examination quota are to be filled up only by those candidates who are qualified in that examination. The Tribunal has also recorded that the Department is taking action to fill up the five posts in the OC category and as there are no eligible ST candidates in the cadre of Personal WPC19831/10 -: 6 :- Assistant, those posts are kept vacant. Obviously, therefore, the availability of the fourth respondent as a Private Secretary, transferred on temporary basis to the Office of the Chief General Manager, Telecom, BSNL, cannot generate any legally sustainable challenge thereto. 8.We also note on a perusal of the entire case file that the fourth respondent, a lady aged 57 years, hailing from Kerala had been working in Madhya Pradesh. She had represented that owing to her health and the health condition of her husband, she may be given an accommodation in Kerala State. It appears that she has only a couple of years more to retire, she being 57 years of age when she filed the counter affidavit before the CAT. With these materials, we are of the view that no injustice has been done as per the impugned order, more particularly because the Tribunal has magnanimously directed in the last paragraph of the impugned Ext.P1 that the WPC19831/10 -: 7 :- official respondents will consider promotions of eligible Personal Assistants to the vacancies in the cadre of Private Secretary in the Kerala Telecom Circle on Seniority-Cum-Fitness basis and through the LICE as per the Recruitment Rules within a period of three months from the date of receipt of the impugned order. 9.For the aforesaid reasons, we find no jurisdictional error or any legal infirmity in the impugned decision. In the result, this writ petition fails. The same is dismissed in limine. Thottathil B.Radhakrishnan, Judge. S.S.Satheesachandran, Judge. Sha/0207