IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 OP (CAT).No. 2820 of 2011(Z) ---------------------------- OA.1023/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS: --------------- 1. BHARAT SANCHAR NIGAM LTD, REPRESENTED BY THE CHAIRMAN-CUM-MANAGING DIRECTOR CORPORATE OFFICE,STATESMAN HOUSE,BARAKHAMBA ROAD, NEW DELHI-1. 2. THE GENERAL MANAGER TELECOM,BSNL,KOTTAYAM. 3. THE ACCOUNTS OFFICER (ESTABLISHMENT) O/O THE PRINCIPAL GENERAL MANAGER,TELECOM, BSNL,KOTTAYAM. BY ADV. SRI.P.A.AUGUSTINE,SC,BHARAT SANCHAR NIG RESPONDENTS: --------------- 1. C.R.PONNAPPAN,TELECOM MECHANIC, OFFICE OF SDE EXTERNAL (WEST), BSNL,KOTTAYAM,RESIDING AT SASTHAMPARAMBIL, MARIYATHURUTHU P.O,KOTTAYAM DISTRICT 686 027. 2. C.P.REGHUNATHAN NAIR,TELECOM MECHANIC OFFICE OF SDE(EXTERNAL) BSNL,ETTUMANOOR,RESIDING AT CHENERATHUPARAMBIL, KUMARANALLOOR P.O,KOTTAYAM DISTRICT 686 016. 3. C.T.THOMAS,TELECOM MECHANIC, TELEPHONE EXCHANGE,ETTUMANOOR, RESIDING AT MARIYA BHAVAN,KANAKKARY P.O, KOTTAYAM DISTRICT 686 632. O.P.(CAT) 2820/2011 2 4. K.K.RAJU,TELECOM MECHANIC, OFFICE OF SDE,BSNL,AYMANAM, RESIDING AT KADIKKAL HOUSE,OLASSA P.O, KOTTAYAM DISTRICT 686 014. 5. P.S.HARIDAS,KANJIKUZHI,RESIDING AT SOUPARNIKA,KUDAMALOOR P.O,KOTTAYAM DISTRICT 686 017. 6. K.M.MATHEW,TELECOM MECHANIC, OFFICE OF SDE,TELEPHONE EXCHANGE, CHINGAVANAM,RESIDING AT SHERIN VILLA, KAVUNKAMOOLAYIL,PAKKIL P.O,KOTTAYAM DISTRICT 686 012. 7. S.B.RAVIKUMAR,TELECOM MECHANIC, OFFICE OF SDE INTERNAL,BSNL,VAKATHANAM, RESIDING AT BSNL STAFF QUARTERS,NAJALIAKUZHI, VAKATHANAM,KOTTAYAM DISTRICT 686 538. 8. P.M.GOPALAKRISHNAN NAIR,TELECOM MECHANIC OFFICE OF SDE,BSNL,AYMANAM,RESIDING AT SUN RISE, OLAEE P.O,KOTTAYAM DISTRICT 686 563. 9. V.K.PANKAJAKSHAN NAIR,TELECOM MECHANIC O.C.B, M.D.F, KOTTAYAM,RESIDING AT VENKITATHUMALIYIL HOUSE,PARAMPUZHA P.O, KOTTAYAM DISTRICT 686 032. 10. K.M.MOHANAN NAIR,TELECOM MECHANIC, OFFICE OF SDE EXTERNAL (WEST) KOTTAYAM, RESIDING AT KRATTAYIL HOUSE,SHM P.O, KOTTAYAM DISTRICT 686 515. 11. VIJAYAN K.M,TELECOM MECHANIC, OFFICE OF SDE EXTERNAL (WEST) KOTTAYAM, RESIDING AT KOOROPPADAMALIYIL HOUSE, CHENGLAM SOUTH P.O, KOTTAYAM DISTRICT 686 022. THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(CAT) 2820/2011 3 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF ORIGINAL APPLICATION NO. 1023/2010 ALONG WITH ANNEXURES FILED BY THE APPLICANTS BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P2 TRUE COPY OF THE ORDER DATED 1.3.2011 PASSED IN ORIGINAL APPLICATION NO. 1023/2010 BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY // P.S. TO JUDGE. KNC/- C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = O.P.(CAT) 2820 OF 2011 = = = = = = = = = = = = DATED THIS, THE 26th DAY OF AUGUST, 2011. J U D G M E N T C.N. Ramachandran Nair, J. O.P.(CAT) is filed by the BSNL apprehending that consequential orders to be issued based on Tribunal's order may attract contempt. We do not think the apprehension of the petitioners is justified because all what the Tribunal has stated is that respondents are entitled to upgradation of pay and allowances to make it equal to juniors to them. Petitioners' case is that respondents as such are drawing equal or more than the payment of their juniors. Even this is the factual position, BSNL is free to pass an order stating the fact but by giving details of the pay and allowances of the respondents and their juniors. We do not think the Tribunal expects anything more to be done from the BSNL than what they have ordered. The O.P. (CAT) is closed leaving freedom to the petitioner to comply with the orders by issuing appropriate proceedings and hand over copy to the respondents. C.N. RAMACHANDRAN NAIR, (JUDGE). P.S. GOPINATHAN, (JUDGE) knc/-