IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 19412 of 2006(S) -------------------------- OA.370/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ------------------------- 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-1. 2. BHARAT SANCHAR NIGAM LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, STATESMAN BUILDING, NEW DELHI. 3. CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LIMITED, KERALA CIRCLE, THIRUVANANTHAPURAM-33. 4. PRINCIPAL GENERAL MANAGER, THIRUVANANTHAPURAM TELECOM DISTRICT, DISTRICT CO-OPERATIVE BANK BUILDING, EAST FORT, THIRUVANANTHAPURAM. 5. ACCOUNTS OFFICER (PAY BILL) BSNL, OFFICE OF THE PRINCIPAL GENERAL MANAGER, TELECOM DISTRICT, THIRUVANANTHAPURAM-23. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL Kss ..2/- ....2..... WPC.NO.19412/2006 S RESPONDENT(S): ---------------------------- S.PURUSHOTHAMAN NAIR, S/O.THE LATE K.SREEDHARAN NAIR, WORKING AS JUNIOR TELECOM OFFICER, TELEPHONE EXCHANGE, PEYADU, THIRUVANANTHAPURAM, RESIDING AT SREE SHYLAM, ELANKATHU NAGAR, VALIYAVILA.P.O, THIRUMALA, THIRUVANANTHAPURAM-6. BY MR.O.V.RADHAKRISHNAN, SENIOR ADVOCATE, SMT.K.RADHAMANI AMMA, MR.ANTONY MUKKATH, MR.K.V.JOY, MR.K.RAMACHANDRAN (THYKOODAM) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10412/2006 S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE OA. 370/2005. EXT.P2: COPY OF THE REPLY FILED IN O.A.370/05 DTD. OCTOBER,2005. EXT.P3: COPY OF THE REJOINDER FILED IN OA 370/05 DTD. 10/01/06. EXT.P4: COPY OF THE ADDITIONAL REPLY FILED IN O.A.370/2005 DTD. SEPTEMBER, 2006. EXT.P5: COPY OF THE ORDER IN O.A.370/05 DTD. 28/04/06. EXT.P6: COPY OF THE PRESIDENTIAL ORDERS ACCEPTING THE OPTION TO EMPLOYEES DT. 1/12/03. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ========================================= W.P.(C).No.19412 of 2006 - S =============================== Dated this the 2nd day of April, 2009. J U D G M E N T Balakrishnan Nair, J. The respondents in O.A.No.370/2005 are the writ petitioners. Applicant in that O.A. is the respondent. The brief facts of the case are the following: The applicant was an officer in the Department of Telecommunications. The Bharat Sanchar Nigam Limited was formed on 1.10.2000. All the officers and the employees of DoT were given a chance to opt either to continue in the parent department or join the newly formed BSNL. The respondent submitted his option to join BSNL on 10.10.2003. Because of the pendency of a vigilance case that option was not accepted. But in the meantime, the respondent was granted the pay scale applicable to BSNL employees which is called IDA scales. Later, the said mistake was found out and action was taken as per Annexure 6 dated 18.1.2005 to withdraw the benefit and also to recover the excess amount paid to him. Challenging the said proceedings and seeking consequential reliefs, the OA W.P.(C).No.19412 of 2006 - S 2 was filed. Though the writ petitioners resisted the application, the O.A. was allowed by the Central Administrative Tribunal by Ext.P5 order. The CAT directed to grant IDA pay scale to the applicant from 1.10.2000. Aggrieved by Ext.P5, the respondents therein filed the present writ petition. According to the applicant, since his option was not rejected he was governed by IDA pay scale. 2. When the writ petition was taken up for hearing, the learned counsel for the respondent/applicant submitted that CDA pay scale is more beneficial to him. Therefore, he is not opposing the relief sought by the petitioners in this writ petition. In view of the said submission, we set aside Ext.P5 and declare that the respondent/applicant shall be covered by CDA scale (scale of pay applicable to DoT employees). The writ petitioners shall settle his pensionary claims in accordance with law, as expeditiously as possible. If there is no legal bar in releasing the pensionary benefits because of the pendency of the vigilance case, the same shall be released by the 1st petitioner within three months from the date of receipt of a copy of this judgment. The excess W.P.(C).No.19412 of 2006 - S 3 payment if any made to the respondent shall be informed by the petitioners 2 to 5 to the 1st petitioner before releasing the terminal benefits to the applicant/respondent. The excess amount claimed by the BSNL shall be recovered by the 1st petitioner and paid to the said organisation. 3. The respondent is entitled to get salary in the CDA pay scale till his retirement. The same shall be computed and released to him within three months. If necessary, the excess amount paid to the respondent can be recovered from the arrears of salary, if any surplus is available. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. bkn/-