IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 10508 of 2008(A) -------------------------- PETITIONER: ------------ BSNL SECURITY STAFF ASSOCIATION (EX-SERVICEMEN), (REG.NO.03-02 OF 2007), REP. BY ITS GENERAL SECRETARY, SRI.SUBASH CHANDRA BOSE, `REVATHY', PANAVALLY P.O., CHERTHALA, ALAPPUZHA DISTRICT-688 566. BY ADV. SRI.ALEXANDER THOMAS RESPONDENTS: ------------- 1. BHARATH SANCHAR NIGAM LTD. (BSNL), ALAPPUZHA TELECOM, REP. BY ITS GENERAL MANAGER, TELECOM, ALAPPUZHA. 2. GOVERNMENT OF INDIA, MINISTRY OF DEFENCE, REP. BY ITS DIRECTOR GENERAL OF RE-SETTLEMENT (DGR), DIRECTORATE GENERAL OF RE-SETTLEMENT, WEST BLOCK-IV, R.K.PURAM, NEW DELHI. BY ADV. SRI.C.S.RAMANATHAN, SC, BSNL FOR R1 SRI.P.J.PHILIP (CGC) FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.10508 of 2008 ================== Dated this the day of August, 2008 J U D G M E N T The petitioner is an association of security guards. They are challenging Ext.P6 notification issued by the 1st respondent inviting tenders for award of contract for house keeping work in their establishments. According to the petitioner, the security guards already working are entitled to be engaged for the work. The petitioner, therefore, seeks the following reliefs: “(a) To declare that the works done by the DGR sponsored agencies by employing Ex-servicemen security guards in the establishments of the 1st respondent can be entrusted only to such agencies in accordance with the Govt. of India, DGR guidelines and to declare that the action of the 1st respondent in denying work to Ex-servicemen security guards by entrusting such works to private tenderers in terms of work (2) mentioned in Ext.P6 is illegal, improper and ultravires. (b) To call for the entire records leading to Ext.P6 and to issue a Writ of Certiorari or any other appropriate Writ, order or direction quashing the same, to the extend [sic] of allotment of work (2) mentioned in Ext.P6. (c) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 1st respondent not to allot the items of work shown as work (2) in Ext.P6, on the basis of Ext.P6 proceedings. (d) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 1st respondent to continue to allot the items of work shown as work (2) of Ext.P6, only to DGR sponsored agencies employing not less than 90% work force from among Ex-servicemen security guards and to further direct the 1st respondent to permit the continuance of existing DGR sponsored agencies employing Ex-servicemen security guards, in the establishments of the 1st respondent in accordance with w.p.c.10508/08 2 the Govt. of India guidelines. (e) To issue any other appropriate Writ, order or direction, directing the 1st respondent to permit the continuance of Ex-servicemen security guards employed by DGR sponsored agencies in the establishment of the 1st respondent, even after 4 years, as directed in Ext.P4 series. (f) To call for the records leading to Ext.P5 & P5(a) and to issue a writ of certiorari or any other appropriate writ, order or direction quashing the same.” 2. The learned Standing Counsel appearing for the 1st respondent submits that the employees, whose cause is espoused by the petitioner, were security guards deputed by the former security agency to whom a contract was awarded for security work in the establishments of the 1st respondent. The contract period of that agency expired and in accordance with the scheme framed by the Directorate General of Resettlement, a new security agency has taken charge and the employees concerned have already ceased to be working in the 1st respondent's establishments. They also submit that security agencies are engaged strictly in accordance with the guidelines issued by the Directorate General of Resettlement. Recording the above submission, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.10508/08 3