IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 13TH JUNE 2008 / 23RD JYAISHTA 1930 WP(C).No. 15713 of 2006(U) -------------------------- PETITIONER: ------------ JACOB.L., AGED 45 YEARS, S/O.LATE P.D.LONAN, JTO (CIVIL), BSNL CIVIL SUB DN-II, CALICUT. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENTS: ------------- 1. CHAIRMAN AND MANAGING DIRECTOR, BSNL, CORPORATE OFFICE, NEW DELHI. 2. CHIEF GENERAL MANAGER, TELECOM, BSNL, TRIVANDRUM. 3. THE CHIEF ENGINEER, CIVIL, BSNL, TRIVANDRUM. BY ADV. SRI.P.M.M.NAJEEB KHAN, SC, BSNL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2008, ALONG WITH WPC NO. 24581, 25039, 25350 & 26541 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15713/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE OFFICE MEMORANDUM DATED 09/08/1999 REGARDING ASSURED CAREER PROGRESSION. P2 : COPY OF THE REPRESENTATION DATED 14/07/2000. P3 : COPY OF LETTER NO.9(19)CE(C)/TVM/1292 DATED 09/08/2000. P4 : COPY OF LETTER DATED 04/05/2001. P5 : COPY OF REPRESENTATION DATED 30/01/2004. P6 : COPY OF LETTER DATED 21/05/2004. P7 : COPY OF JUDGMENT DATED 28/11/2001 IN OP NO.22056/2001. P8 : COPY OF OFFICE MEMORANDUM DATED 10/02/2000 ALONG WITH AN EXTRACT OF THE CLARIFICATION ISSUED. P9 : COPY OF EXTRACT OF THE ORDER DATED 03/05/2001 OF THE BSNL. RESPONDENT'S EXHIBITS R1 : COPY OF LETTER DATED 27/01/93 BY THE DOT NEW DELHI. R1(a) : COPY OF OFFICE MEMORANDUM DATED 17/03/93 SENT TO PETITIONER WITH ITS ENCLOSURES. R1(b) : COPY OF OFFICE MEMORANDUM NO.400-61/2004 DATED 18/01/07 BY THE CORPORATE OFFICE. //TRUE COPY// jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) Nos. 15713, 24581, 25039, 25350 & 26541 of 2006 --------------------------------- Dated, this the 13th day of June, 2008 J U D G M E N T The case of the petitioners is that they are not granted benefit of ACP (Assured Career Progression) Scheme introduced by the Government, which entitles petitioners to get periodical pay increments at the intervals of every 12 years on account of stagnation. However, learned standing counsel for the BSNL submitted that the ACP scheme may not have any relevance because after BSNL was formed as a business undertaking, better promotion policy is introduced with separate scales of pay by the company. The BSNL took over the Telecom Services from the Department with effect from 01/10/2000. Therefore, any promotion scheme and scales of pay fixed will always be with reference to the service benefit hitherto enjoyed by the employees, which includes ACP benefits. These writ petitions are, accordingly, disposed of directing the concerned officer of the BSNL, General Manager / Chief General Manager, to consider petitioners' eligibility for ACP scheme benefits in comparison with the later benefits granted by BSNL under its promotion scheme and pay scales. If promotions or scales of pay W.P.(C) Nos. 15713/06 & conn. cases -2- are fixed with reference to the pay scales prevailing after the introduction of ACP scheme, then petitioners' eligibility for ACP scheme should be considered and consequential benefits should be granted. If the present pay scales of the petitioners are better than the ACP scheme benefit and subsequent accruals, then there is no need for the petitioners to press the same. Since the writ petitions are filed in 2006, and since better schemes are introduced after filing the writ petitions, petitioners are directed to approach the BSNL to make fresh claim, if any available, with reference to the present pay scales, if they have any grievance. (C.N.RAMACHANDRAN NAIR, JUDGE) jg