IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 33414 of 2005(S) --------------------------------------- OA.296/2005 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ---------------------- K.P.RAMANANDAN, S/O.LATE SRI.K.P.KUNHIRAMAN, AGED 52 YEARS, SUPERINTENDING ENGINEER (E), TELECOME ELETRICAL CIRCLE, BSNL, KOCHUMADATHIL BUILDING, MANJALIKULAM ROAD, THIRUVANANTHAPURAM, RESIDING AT E-4, TELECOME OFFICERS QUARTERS, BARTON HILL, LAW COLLEGE JUNCTION, THRUVANANTHAPURAM. BY ADV. SRI.SAJITH KUMAR V. SMT.G.R.LEKSHMI SRI.SHAFIK M.ABDULKHADIR RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY, DEPARTMENT OF TELECOMMUNICATIONS, 421, SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI 110 001. 2. THE SECRETARY, DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSION, GOVERNMENT OF INDIA, NEW DELHI 110 001. 3. BHARATH SANCHAR NIGAM LIMITED, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, STATESMAN BUILDING, NEW DELHI 110 001. ADV. SRI.MATHEWS K.PHILIP,SC, BSNL FOR R3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 33414/2005-S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 31/10/2005 IN O.A.NOS.1968/2005 & CONNECTED CASES OF THE PRINCIPAL BENCH OF THE CAT. EXT.P2: COPY OF THE ORIGINAL APPLICATION NO.296/2005 FILED BEFORE THE C.A.T., ERNAKULAM BENCH. EXT.P3: COPY OF THE ORDER DATED 26/04/2005 OF THE C.A.T. IN O.A.NO.296/2005. EXT.P4: COPY OF THE ORDER DATED 12/08/2005 IN P.T.NOS.165/2005 & OTHER CASES OF THE PRINCIPAL BENCH OF THE C.A.T. EXT.P5: COPY OF THE MEMORANDUM NO.FILE NO. A-11013/1/2005- ADMN.II/ABSORPTION CELL DATED 04/10/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE OPTION LETTER NO.A-11013/1/2005-ADMN.II/ABSORPTION CELL (P&T BWS)DATED 26/08/2008 ISSUED BY THE MINISTRY OF TELECOMMUNICATIONS, DEPARTMENT OF TELECOM. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 33414 OF 2005 ============================ DATED THIS THE 7TH DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The petitioner is the Superintending Engineer in the department of Telecommunications. Though he was serving under the B.S.N.L., he did not opt to be absorbed in the said organization. Contending that there was vagueness in the terms of the circular issued concerning option, the petitioner and others have approached the Central Administrative Tribunal. It is submitted that the Central Administrative Tribunal did not grant the desired reliefs. But now the Government have issued Ext.P6 circular. As per Clause 10 of Ext.P6 circular all those who have not opted to go to the B.S.N.L. will continue in Government service. It is common case that the petitioner has not so far WPC.33414/2005 -2- exercised option to be absorbed in the B.S.N.L. Therefore, he is entitled to continue in Government service. With this clarification, the writ petition is closed. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, JUDGE ks.