IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5188 of 2006 Between: 1 R. Ramesh Babu, S/o. B. Venkataiah, St No.4530, Under SDE OCB, ( Mtce.), Telephone Exchange, Secunderabad.-3. 2 S. Chandrasekhar, S/o. Dattatri Rao, under SDE RSU, CEWSD BHDP, Hyderabad. 3 Md. Ifthakaruddin, S/o. Md. Imadduddin, under Vaidehi Nagar RLU, Hyd. 4 S.M. Hussain, S/o. S. Mustafa hussain, under SDE (P)-II, Chairminar, Hyd. 5 Syed Khajamoinuddin, S/o. Syed Hussamudin, under SDE, Chenchalguda RLU, Hyd. 6 P. Mahammad Khan, S/o. P. Hasan Khan, under SDOP, II, Charminar, Hyd. 7 P. Nagar Satya Mani, D/o. P> Dharma Raju, under OCB, Tax Saifabad, Hyd. 8 C. Laxman DASS, S/o. C. Anjaiah, under SDE, OCB TAX( STSR), Telephone Bhavan, Saifabad, Hyd. 9 D. manjula, D/o. D. Ramakoteswara Rao, under OCB, TAx, Saifabad, Hyd. 10 Y. Subhash Chandra Reddy, S/o. Y. Yella Reddy, under OCB, Tax, Saifabad, Hyd. 11 R. Nagabhushanam, S/o. Late Subbaramaiah, under SDOP, (DSB. RLU), Saifabad, Hyd. 12 T. Prakash Rao, S/o. T. Ganapathi Rao, under SDOP-IV, Balamarai, Secunderabad. 13 G. Surya Prakash, S/o. G. Chandraiah, under SDE, FRS, Telephone Bhavan, Saifabad, Hyd. 14 Mohd. Khursheed Shareef, S/o. Md.Hassan Shareef, under SDE A/c. P. Secunderabad. 15 A. Narsaiah, S/o. A. Ramaiah, OCB, RSU, Prakash Nagar, Secunderabad. 16 P. Mallesha, S/o.Bhoomaiah Balaiah, under SDE, OCB, RSU, Prakashnagar, Secunderabad. 17 A. Satyanarayana, S/o. A. Rangaiah, St. No.4864, under A.E. A/c. &PP. Secunderabad. 18 P. Devender, S/o. P. Satyanarayana, O/o. SDE, OCB. S/R. Mtce. Hyd. 19 T. Prabhakar, S/o. T. Jagannatham, under SDe., S.W. Installation, Kavadiguda, Hyd. 20 P. Venkatesham, S/o. P. Narayana, under SDE. S.W. Instin, Telephone Bhavan, Saifabad, Hyd. 21 Gopal Ratnam, S/o. Yellaiah, under SDOP. III, Gowliguda, Hyd. 22 Ch. Rama Sai, S/o. ch. Satyanarayana, under SDE, Central, Telephone Bhavan, Saifabad, Hyderabad. 23 M. Kesava Kumar, s/o. M. Garataiah, under SDE, RSU, TNK, Hyderabad. 24 T. Radha Raman, S/o. T. Krishna Aiyenger, Saifabad, Hyderabad. 25 I. Vijaya Kumar, S/o. A. Jacob, under SDE ( Call Center ) Trg. 26 K. Prasad, S/o. K. Chinnappa, O/o. SDOP. M. Hills, Hyd. 27 P. Srinivas, S/o. P. Joga Rao, under SDE, RSUS, OCB, Mtce. Secunderabad. 28 D. Satyanarayana, S/o. D. Koteswara Rao, under SDE, WSR. Telephone Bhavan, Saifabad, Hyd. 29 A.V. Subramanyam, S/o. A. Rammohan Rao, SDE, FRCH, Suryalok Complex, Hyderabad. 30 P. Krishnaiah, S/o. P. Anjaiah, under SDOP, Nacharam, Hyderabad. 31 G. Kumar, S/o. G. Meenaiah, under SDOP. DSNR, Hyderabad. 32 M. Subramanyeswari, W/o. M. R.K. Swamy, D/o. SDE, FRS, Saroornagar, Hyd. 33 A. Eashwaramma, W/o. A. Srisailam, under SDE, MDF, Saroornagar, Hyderabad. 34 K. Lakshmi Vardhani, D/o. K. Laxminarayana, under SDE, FRS, Saroornagar, Hyd. 35 J. Anji Reddy, S/o. Venkata Reddy, under SDE, ( Bldgs, PP), Saroaornagar, Hyderabad. 36 V. Hanmanthu, S/o. V. Ramalingaiah, under SDE, EWSD, RSU , MTK, Hyderabad. 37 M. Rajani Kumari, D/o. M. RadhaKrishnayya, under SDE OCB Swtich room Errgada, Hyderabad. 38 N. Balarajaiah, S/o. M. Gopaiah, New No. 198204150, O/o. SDE (FRS/MDF), Erragadda, Hyderabad. 39 K. Durga Rao, S/o. Venkanna, Jeedimetala, Hyderabad. 40 M. Surender Reddy, S/o. Narayana Reddy, under SDE E-10B, Gowliguda, Hyderabad. 41 M. Venkateswarlu, S/o. Pendurganga Rao, under SDE ( MDF & ERJ), Gowliguda, Hyderabad. 42 D. Ramesh Babu, S/o. Ganga Ramaiah, under SDOT, Shamshabad, Hyd. 43 G. Sarala, D/o. Padma Rao, MDF, Gowliguda, Hyderabad. 44 Md. M. Ahmed Siddiqui, S/o. Md. S. Ahmed Siddiqui, under SDE, MDF, Gowliguda, Hyd. 45 P. Shankar, S/o. P. Pandu Rangam, under SDE, KWSD, RSU, Agapura, Hyd. 46 N. shashikala, D/o. Sham Rao, under SDE. MDF, SRN, Hyderabad. 47 B. Radha Kishan, S/o. Vittal, under SDOP, II, Charminar, Hyd. 48 N. Kabeer Das, S/o. N. narayana, Under SDOP, II, Charminar, Hyderabad. 49 A. Vijaya Bashakara Rao, S/o. Narsimha Rao, Under SDE, OCB, M. MBD, BKP, RSU, Hyderabad. 50 Sowbhagyam, S/o. Y.S. Rathanam, Under SDE (EWSD (Mats), Telephone bhavan, Saifabad, Hyderabad. 51 S. Somaiah, S/o. Janardhan, Under SDE. OFEI.III, Telephone Bhavan, Saifabad, Hyd. 52 C.H. Janardhan Redy, S/o. Janga Reddy, under SDE, OCB, RSU, Santhoshnagar, Hyd. 53 Disnesh Kalgikar, S/o. Anant Rao, under Medak SSA, 54 B. Bagaiah, S/o. B. Sangaiah, Patancheru, Medak SSA. 55 P. Vittal Reddy, S/o. Veera Reddy, Siddipet, Medak District. 56 N. Manmandhu, S/o. Narayana, 57 N.R. Madhukar, S/o. N.L. Ramana Chari, Patancheru Medak SSA. 58 S. Nageshwar Rao, S/o. Balaiah Balaraj, SDE. EXtnl. Patancheru, Meda SSA. 59 K. Krishna, S/o. K. Madhukar Rao, under Narayanakhed Telephone Exchange, Medak SSA. (All are working as TTAs under the Control of Chief General Manager, Telecom BSNL A.P., Circle, Hyderabad. ..... PETITIONER(S) AND 1 The Union of India, rep. by the Secretary to Govt, Department of Telecommunication, Sanchar Bhawan, New Delhi-110 001. 2 The Chairman & Managing Director, BSNL, B-201, Statesman House, Bharankamba Road, New Delhi-110 001. 3 The Chief General Manager, Telecom, BSNL, A.P. Circle, Hyderabad. 4 The Prl., General Manager, Telecom District, Suryalok Complex, Hyderabad. 5 The General Manager, aTelecom District, BSNL, Medak at Sangareddy. .....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 issue a writ, order or directin more in the natureof mandamus declaring hte action of the respondents in not extending the benefit of Placement of next higher scale of Rs. 5500-125-9000 (CDA Scale) including the benefit of IDA Scale of Rs. 7800-225- 11175 from 1.10.2000 or thereafter as the case may be in the cadre of Telecom Technical Assistants on completion of 16 years of service from the date of our appointment as Technicians in terms of Lr.No.1-38/MPP-98, dt. 20.4.1999 read with Lr.No.1-38/98-MPP, dt. 20.9.19999 issued by the Department of Telecom and also in spirit of Lr.No.31-26/83-PET, dt. 17.12.1983 of D.G.P&T New Delhi and also office Order No.BSNL/26/SR/2002, dt. 7.8.2002 Presumably on the untenable ground that the scale of TTA on completion of 16 years of Service as per DOT Letter dt. 20.4.1999 is shown as Rs. 5000-8000 without taking into consideration the fact that the TTA Scale itself was revised to Rs. 5000-8000 at entry level on 1.10.2000 is as illegal, unjust, and violative of Articles 14, 16 and 21 of the Constitution and consequently hold that the petitioners are entitled ror placement in the higher pay scale of Rs. 5500-175-9000 (CDA Scale) Correspondent to IDA scale of Rs. 7800- 225-11175 in the cadre of TTA, from 1.10.2000 or thereafter on completion of 16 years of service from the date of their appointment as Technicians with all consequential benefits and pass. Counsel for the Petitioner:MR.K.VENKATESWARA RAO Counsel for the Respondent No.: MR.(SC FOR B.S.N.L) The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5188 of 2006 ORDER: The petitioners were earlier appointed as Technicians, or in equivalent posts, between the years 1985 and 1987, in the erstwhile Telecommunications Department. The same has since been re- organized into Bharat Sanchar Nigam Limited (BSNL). Several posts were re-structured in the year 1990 as Telecom Technical Assistants (TTAs), Telecom Mechanics and Senior Telecom Operating Assistants. The petitioners were designated as TTAs. The posts occupied by the petitioners are in Group ‘C’. When the Telephones Department was part of Posts and Telegraphs Department, the Government of India issued proceedings, dated 17.12.1983, providing for time bound promotion of employees in Groups ‘C’ and ‘D’, on completion of 16 years of service, subject to certain conditions. The Department of Telecommunications had modified the scheme of promotion on completion of 16 years, vide proceedings, dated 20.04.1999. It was provided that 16 years of service, for the purpose of conferring the benefit of a higher scale of pay, can be reckoned with reference to service rendered either before or after re-structuring the posts in the year 1990, subject to the condition that an employee must put in four years of service, after re- structuring. Subsequently, the requirement as regards minimum service of four years, after restructuring, was done away, with. By 1999, the entry scale of pay for the post of TTA was Rs.4500 - 7000. The scale of pay to be extended on completion of 16 years for this category was stipulated as Rs.5000 - 8000 in the proceedings, dated 20.04.1999. In fact, the petitioners were extended this benefit. The BSNL, 2nd respondent herein, had revised the entry scale of pay, for the post of TTA, from Rs.4500 - 7000 to Rs.5000 - 8000, vide proceedings, dated 01.10.2002. However, no revision was effected for the scale of pay to be extended on completion of 16 years of service, which is known as ‘One Time Bound Promotion (OTBP)’. The petitioners, through their unions, have made several representations in this regard to the respondents, to remove the anomaly. It is also stated that the 3rd respondent has also mooted the proposal for removal of this anomaly, through letter, dated 20.01.2004. The petitioners complain that the 2nd respondent did not take any action thereon. The respondents filed a counter affidavit stating inter alia that the petitioners have already been extended the benefit of OTBP, and the corresponding pay scale; and they do not have any right to seek enhancement of the scale of pay. Heard the learned counsel for the petitioners and the learned counsel for the respondents. It is not necessary to refer to the contents of the scheme or the background, in which the petitioners came to be inducted into re- structured category of TTA. In fact, the respondents do not dispute the status of the petitioners as well as their entitlement to the benefits of the schemes, evolved from time to time. Suffice to say that a TTA, on completion of 16 years of service, is entitled to be placed in a higher scale of pay. While the broad principle, for such out of turn promotion, or extension of benefit to compensate stagnation, was provided for the first time on 17.12.1983, the then Department of Telecommunications had incorporated the particulars in minute detail vide proceedings, dated 20.04.1999. It was clearly provided that on completion of 16 years of service, a TTA would be entitled to be placed in the pay scale of Rs.5000 - 8000. This was at a time, when the pay scale for the post of TTA, in the ordinary course, was Rs.4500 - 7000. The 2nd respondent has enhanced the pay scale for the post of TTA, vide proceedings, dated 01.10.2002. A perusal of the said proceedings discloses that the pay scale for the post of TTA was enhanced from Rs.4500 - 7000 to 5000 - 8000. With this, the entry scale of pay for TTAs became equal to the one, prescribed for them, on being extended the benefit of OTBP. The distinction that existed between these two scales of pay virtually disappeared. It is but natural that the respondents must address themselves to the question of revising the pay scale stipulated in the proceedings, dated 29.04.1999 by the erstwhile Department of Telecommunications. In fact, the 3rd respondent has addressed a letter, dated 20.01.2004, to the 2nd respondent, pointing out this anomaly. Unless this is corrected, the very purpose of extending the benefit of OTBP would stand nullified. For the foregoing reasons, the writ petition is disposed of, directing the 2nd respondent to take necessary action on the letter, dated 20.01.2004, addressed by the 3rd respondent, within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 13.08.2008 Note: Issue C.C. in one week. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5188 of 2006 Date: 13.08.2008 JSU