IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 OP (CAT).No. 1825 of 2011(Z) ---------------------------- OA.490/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS ------------------------------- 1. THE DIRECTOR (HRD), BHARAT SANCHAR NIGAM LIMITED, CORPORATE OFFICE, NEW DELHI-110 001. 2. THE CHIEF GENERAL MANAGER, OFFICE OF THE CHIEF GENERAL MANAGER, KERALA (TELECOMMUNICATIONS), BHARAT SANCHAR NIGAM LIMITED (B.S.N.L), THIRUVANANTHAPURAM- 695 033. 3. THE DEPUTY GENERAL MANAGER (ADMN), OFFICE OF THE CHIEF GENERAL MANAGER, KERALA (TELECOMMUNICATIONS), BHARAT SANCHAR NIGAM LIMITED, THIRUVANANTHAPURAM-695 033. BY ADV. SRI.V.R.KESAVAKAIMAL, SC, BSNL RESPONDENT: --------------- H.PALMER, APSARA BHAVAN MARADI, KARODE P.O., THIRUVANANTHAPURAM-695 506. ADV. SRI.VINOD J.DEV SRI.PRAMOD J.DEV THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXHIBITS: P1: TRUE COPY OF ORDER DT.2.7.2010. P2: TRUE COPY OF JUDGMENT DT.1.11.2010 IN ORIGINAL PETITION (CAT) NO.271/2010. P3: TRUE COPY OF REVIEW APPLICATION NO.4/2011. P4: TRUE COPY OF REPLY STATEMENT FILED BY THE RESPONDEN TO EXT.P3. P5: TRUE COPY OF REJOINDER FILED BY THE PETITIONERS. P6: TRUE COPY OF ORDER DT.6.4.2011. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... O.P.(CAT) No.1825 of 2011 .................................................................... Dated this the 13th day of July, 2011. JUDGMENT Ramachandran Nair, J. This is the second round of litigation by the BSNL in this court trying to sustain the transfer of the respondent from Kerala to Shillong on promotion. The respondent along with 149 Junior Telecom Officers was promoted as Sub Divisional Engineer. All but the respondent i.e. 149 promoted persons, were retained in Kerala Circle. Respondent was the only person transferred to Shillong. When respondent questioned the transfer before the CAT, Tribunal allowed the claim stating that the respondent is also eligible to be retained in Kerala in the higher post available to which he is promoted. In the first round O.P. filed in this court, this court confirmed the order of the CAT. Thereafter Review Petition was filed, which was also dismissed by the CAT against which this O.P. is filed. 2. After hearing bother sides and after going through the Tribunal's order, what we find is that vacancies of Sub Divisional 2 Engineers are still available in Kerala and the petitioner could not establish any justification for insisting on respondent's transfer. The Tribunal, therefore, declined to allow the Review Petition. We do not find any ground to interfere with the review order issued by the CAT. The O.P. is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms