IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 25307 of 2008 Between: M. Mahender Reddy S/o. Late Narayana Reddy R/o. 9-8-55, C/o. K. Rajalaingam, Ramnagar, Karimnagar. ..... PETITIONER AND 1 Bharat Sanchar Nigam Limited, Rep. by its Chief General Manager, A.P. Circle, Hyderabad. 2 Bharat Sanchar Nigam Limited, Rep. by its General Manager, Telecom District, Karimnagar. .....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 to issue an order writ or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not affecting 6th Central pay Commission Scales to the petitioner as illegal, arbitrary and unconstitutional and consequently direct the respondents to forthwith apply 6th Central Pay Commission Scales to the petitioner and pass Counsel for the Petitioner:MR.GOLI.RAMA KRISHNA Counsel for the Respondent No.: MR.A.RADHA KRISHNA The Court made the following : ORDER: In this writ petition the petitioner is seeking to declare the action of the respondents in not affecting 6th Central Pay Commission Scales to him as arbitrary and illegal. The case of the petitioner is that he is working as Casual Mazdoor in the respondent-Bharat Sanchar Nigam Limited (BSNL) from 1985-86. Recently, the Government of India, by its resolution dated 05-10-2006, set up the 6th Central Pay Commission and the Government of India accepted the recommendations of the Commission in respect of civilian employees of the Central Government in Groups ‘A’, ‘B’ ,‘C’ and ‘D’ as those in the all India services and chairpersons/members of regulatory bodies (except Reserve Bank of India). The case of the petitioner is that he is also entitled for the scale recommended in the VI Central Pay Commission and therefore along with his colleagues he made a representation to the respondent on 13-10-2008 for implementation of the VI Central Pay Commission from 01-01-2006 and also for arrears of salary but the same were not extended to him. Hence, he filed this writ petition seeking necessary directions. On instructions, the learned Standing Counsel submits that BSNL is only a Corporation and it is not a Government Department and that the recommendations of the VI Central Pay Commission are not applicable to the employees of BSNL. That apart, the service conditions of the petitioner and the employees of the Central Government are different, therefore, there is no chance of implementing the said recommendations to the Casual Mazdoors working in BSNL. Be that as it may, whether the recommendations of a Pay Commission has to be implemented or not is subject to several other constraints i.e., availability of the funds and the rationalization of the pay structure, strength and the capacity of the corporations and it is a policy decision which has to be left to the discretion of the employer and the Courts cannot give any directions for the implementation of the pay scale when it is the specific case of the respondents that the BSNL is not a Government Department and that it is a corporation and that the service conditions are also different. Hence, I see no reasons to interfere or to grant the relief prayed by the petitioner. For the foregoing reasons, the Writ Petition is dismissed. No order as to costs. __________________ 27th November, 2008 SKM