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. 30788 of 2006(S) -------------------------- OA.298/2003 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): ------------------------ 1. A.VENKITACHALAM, S/O. LATE V.ANANTHA SUBRAMANIA IYER, ASST. GENERAL MANAGER(PR), OFFICE OF THE CGMT, KERALA CIRCLE, THIRUVANANTHAPURAM PRESENTLY WORKING AS ASST. GENERAL MANAGER (PR), OFFICE OF THE CHIEF GENERAL MANAGER, TELECOM, BHARAT SANCHAR NIGAM LTD., THIRUVANANTHAPURAM-33. 2. S.VIKRAMAN NAIR, S/O. LATE V.SREEDHARAN NAIR, ASST. GENERAL MANAGER (NS), OFFICE OF THE CGMT, THIRUVANANTHAPURAM-4. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL SRI.S.VISHNU RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF TELECOMMUNICATIONS/ CHAIRMAN, TELECOM COMMISSION, MINISTRY OF COMMUNICATIONS, SANCHAR BHAVAN, NEW DELHI. 2. THE CHAIRMAN CUM MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LTD., SANCHAR BHAVAN, NEW DELHI. 3. THE CHIEF GENERAL MANAGER, TELECOM, BSNL, KERALA CIRCLE, TRIVANDRUM. Kss ..2/- ...2..... WPC.NO.30788/2006 S 4. T.N.PEETHAMBARAN, S/O. NARAYANAN, DIVISIONAL ENGINEER (PHONES), BSNL, PALAI, SUBSEQUENTLY RETIRED AS DE, KOTTAYAM, BSNL, RESIDING AT ARUNAPURAM HOUSE, N.E.WARD, VAIKOM. 5. MARIAMMA JOHN, W/O. E.JOHN, ASST. GENERAL MANAGER (OP), OFFICE OF THE GENERAL MANAGER, TELECOM, KOTTAYAM, PRESENTLY WORKING AS AGM, OFFICE OF PRINCIPAL GM, TELECOM, BSNL, RESIDING AT KOODARATHIL, MUTTAMBALAM, KOTTAYAM-4. 6. B.R.NAIR, S/O. G.BALAKRISHNAN NAIR, ASST. GENERAL MANAGER (MM), OFFICE OF THE PGMT, THIRUVANANTHAPURAM SUBSEQUENTLY RETIRED AS DEPUTY GM, BSNL BHAVAN, TRIVANDRUM, RESIDING AT SANGEETHA, PODUJANA LANE, KUMARAPURAM, TRIVANDRUM. 7. S.SANKARAN POTTY,S/O. LATE K.SANKARANARAYANAN POTTI, ASST. GENERAL MANAGER, OFFICE OF CGMT, KERALA CIRCLE, THIRUVANANTHAPURAM, SUBSEQUENTLY RETIRE AS DEPUTY GM, CIRCLE OFFICE, TRIVANDRUM, RESIDING AT GANGA, T.C.NO.3/2126, LIC LANE, TRIVANDRUM-25. 8. P.VIDYADHARAN, S/O. LATE V.PADMANABHAN, DIVISIONAL ENGINEER, TELECOM, BSNL, NEDUMANGAD, TRIVANDRUM DIST., PRESENTLY WORKING AS DE,TELECOM, BSNL, THIRUVANANTHAPURAM, RESIDING AT TC.NO.3/122, RAMKAMAL, PARUTHYPARA, TRIVANDRUM-25. 9. M.VENKITESHWARAN,S/O.MAHADEVA IYER, ASST. G.M.(ESTABLISHMENT),OFFICE OF THE DY.G.M.(ADMN) CHENNAI TELEPHONES,89 MILLER ROAD,CHENNAI-600010, SUBSEQUENTLY RETIRED AS AGM.,CHENNAI TELEPHONES, CHENNAI,R/AT.B1,144 KENDRIYA VIHAR,VELAPPAN CHAVADY,PONAMALLY HIGH ROAD,CHENNAI-77. 10. SUNNY PHILIPOSE, S/O.LATE C.PHILIPOSE, DIVISIONAL ENGINEER (VIGILANCE), OFFICE OF THE GMT, KOTTAYAM, SUBSEQUENTLY RETIRED AS DE VIGILANCE, BSNL, KOTTAYAM, RESIDING AT BLISS, MUTTAMBALAM, KOTTAYAM-4. Kss ..3/- ...3..... WPC.NO.30788/2006 S 11. T.M.SANTHAMMA, W/O.RADHAKRISHNAN, DIVISIONAL ENGINEER (DTD & OCB) TELEPHONE EXCHANGE KOTTAYAM, PRESENTLY WORKING AS DE, D, TAX TELEPHONE EXCHANGE, THIRUNAKKARA, KOTTAYAM, RESIDING AT TELECOM QUARTERS, THAZHATHANGADY, KOTTAYAM. ADV. SRI.D.PREM KAMATH, CGC FOR R1 ADV. SRI.S.K.BALACHANDRAN, SC, BSNL FOR R2 & R3 ADV. SRI.M.A.SHAFIK FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30788/2006 S APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE MEMORANDUM NO.232-32/87 STG II DTD. 17/05/1991 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE O.A.NO.298/2003 WITH ITS ANNEXURES. EXT.P3: COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT. EXT.P4: COPY OF THE REJOINDER FILED BY THE PETITIONERS. EXT.P5: COPY OF THE ORDER DTD. 17/09/2004 IN O.A.NO.298/2003 OF THE HON'BLE TRIBUNAL. EXT.P6: COPY OF THE REPRESENTATION DTD. 23/10/2006 OF THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DTD. 23/10/2006 OF THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXT.P8: EXTRACT OF THE DECISION OF THE HON'BLE SUPREME COURT IN I.A.NO.16 IN CIVIL APPEAL NO.4339/1995. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. BALAKRISHNAN NAIR & M.C. HARI RANI,JJ ============================== W.P.(C)NO. 30788 OF 2006 ============================ DATED THIS THE 7TH DAY OF NOVEMBER 2008 JUDGMENT Balakrishnan Nair,J. The point raised by the petitioners herein is covered by the judgment in W.P.(C)No.3807/2005. So, Annexure-A1 in Ext.P2 to the extent they affect the writ petitioners is quashed. The benefits obtained by the petitioners under Ext.P1 order of the Central Administrative Tribunal are restored. The writ petition is allowed as above. Consequential benefits, if any, payable to the writ petitioners shall be released to them within four months from the date of receipt of a copy of this judgment. K. BALAKRISHNAN NAIR, JUDGE M.C. HARI RANI, ks. JUDGE ks.