THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 26172 of 2007 Oral order: The petitioners, who are working as Stenographers with the respondents-Bharat Sanchar Nigam Limited (BSNL), have filed this writ petition questioning the order dated 20.08.2007, issued by the 2nd respondent, namely the Chairman and Managing Director of BSNL, as illegal and arbitrary, and consequently to set aside the same. The learned counsel for the petitioners submitted that on the basis of the impugned order, the Assistant General Manager working in the Office of the 3rd respondent, namely the Chief General Manager, has issued orders dated 22.10.2007, informing the concerned that having regard to the impugned orders issued by the 2nd respondent, the ACP promotion orders given to the Stenographers in the reference cited therein, are cancelled, and accordingly directed them to regulate the pay of the said individuals and recover the overpayments, if any, and report compliance. The learned counsel for the petitioners submitted that the 2nd respondent issued the impugned order, withdrawing the benefit of upgradation of their pay scales under the ACP scheme without issuing any notice to the petitioners and that too based on the clarification issued vide orders dated 12.09.2005, which is illegal and arbitrary. He submitted that similarly situated persons working in the States of Kerala and Tamilnadu, filed writ petitions questioning the impugned orders before the respective High Courts, which disposed of the said writ petitions, treating the impugned order as show cause notice, entitling the petitioners therein to submit their objections thereto, and directed the respondents therein to consider such objections and pass fresh orders. He submitted that since the petitioners are questioning the same impugned order, the present writ petition also be disposed of by and in terms of the orders of the Kerala and Tamilnadu High Courts. The respondents filed counter. The learned Standing Counsel for the respondents contended that the benefit given to the petitioners under the ACP scheme has not been withdrawn. He submitted that the petitioners are not entitled to the benefit of upgradation, but inasmuch as the said benefit was granted to the petitioners inadvertently vide proceedings dated 22.03.2005, and without a view to rectify the mistake, the same was cancelled. She however, admitted that the said order has been passed without issuing any notice to the petitioners. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents. Admittedly, the orders dated 20.08.2007, were passed without issuing any notice to the petitioners. The said order, admittedly, was questioned by some employees working in the State of Kerala and Tamilnadu before the High Courts of Kerala and Tamilnadu by filing writ petitions, and the said Courts in W.P. No. (C) No. 28989 of 2007, vide orders dated 29.05.2008 and W.P. No. 5789 of 2008, vide orders dated 23.10.2008 respectively, have disposed of the same treating the impugned order as show cause notice, entitling the petitioners to submit their explanation thereto and directed the respondents therein to consider the matter and pass appropriate orders afresh. Hence, following the same, this writ petition is also disposed of with the following directions: The impugned order dated 20.08.2007, issued by the 2nd respondent shall be treated as show cause notice, entitling the petitioners to submit their explanation thereto, within a period of four weeks from today, and upon the petitioners submitting their explanation, the respondents are directed to consider the same in pass order afresh, in accordance with law, within a period of four weeks thereafter. Since the order dated 22.10.2007, has been passed by the 3rd respondent, on the basis of the order dated 20.08.2007, the same shall be kept in abeyance until the respondents consider and pass appropriate orders on the explanation to be submitted by the petitioners to the orders dated 20.0-8.2007, which is directed to be treated as show cause notice. Accordingly, the writ petition is disposed of. No costs. _________________ N.V. RAMANA, J. Date: 24th December, 2008. KSR