IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 OP (CAT).No. 1373 of 2011(S) ------------------------------------------ OA.846/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH .................... PETITIONERS: -------------------- 1. THE CHIEF GENERAL MANAGER (TELECOM), BHARAT SANCHAR NIGAM LTD., KERALA CIRCLE, TRIVANDRUM. 2. THE GENERAL MANAGER (TELECOM), BHARAT SANCHAR NIGAM LTD., TELECOM DISTRICT, PATHANAMTHITTA SECONDARY SWITCHING AREA, THIRUVALLA. 3. THE ACCOUNTS OFFICER (ESTABLISHMENT), BHARAT SANCHAR NIGAM LTD., OFFICE OF THE GENERAL MANAGER, TELECOM DISTRICT, PATHANAMTHITTA SECONDARY SWITCHING AREA, THIRUVALLA. BY ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) RESPONDENT(S): ------------------------- K. VIJAYAKUMAR, AGED 48 YEARS, S/O.K. HAMSASIKAMONI, TELECOM MECHANIC, BHARAT SANCHAR NIGAM LTD., OFFICE OF THE SUB DIVISIONAL ENGINEER, ELATHOOR, PATHANAMTHITTA, RESIDING AT KUMMALIL HOUSE, KODUMTHARA, PATHANAMTHITTA. P.O., PIN-689 645. BY ADV. SRI.T.C.GOVINDA SWAMY, SRI.G.SHYAM RAJ, SMT.S.SYAMALA DEVI, SMT.KALA T.GOPI. THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 08/08/2011, ALONG WITH OP(CAT) NO.1429 OF 2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP (CAT).No. 1373 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE O.A. NO.846/2010 ALONG WITH ANNEXURES FILED BY THE APPLICANT BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. EXT.P2: COPY OF THE REPLY STATEMENT ALONG WITH ANNEXURES FILED BY THE RESPONDENTS IN THE O.A.846/2010. EXT.P3: COPY OF THE ORDER DATED 14/01/2011 PASSED IN O.A. NO.846/2010 BY THE HONOURABLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. ---------------------------------- OP(CAT) Nos.1373, 1429, 1498, 1519, 1672, 1702, 1705, 1723, 1776, 2233, 2254, 2332, 2351, 2355, 2386 & 2387 of 2011 --------------------------------- Dated, this the 8th day of August, 2011 J U D G M E N T Ramachandran Nair, J. These Original Petitions are filed by the Bharat Sanchar Nigam Limited (BSNL) challenging the orders issued by the CAT in two sets of cases filed by Telecom Mechanics promoted to that post prior to 01/10/2000 when the BSNL was formed. Grievance of the respondents raised in the OAs filed is that persons who are promoted later and juniors to appellants in service as Telecom Mechanics were given higher pay in the same scale. When respondents filed application before the Central Administrative Tribunal, the Tribunal felt that justice should be given to them because their juniors in the same post are paid higher pay over the applicants. The Tribunal therefore allowed their OAs by directing the BSNL to step up pay of the applicants at par with the juniors in the same cadre. It is against these orders, the BSNL has filed these OPs. OP(CAT) Nos.1373/2011 & connected cases -2- 2. We have heard learned Standing Counsel appearing for the BSNL and learned counsel appearing for the respondents. 3. The respondents were employees of the Telecom Department prior to the formation of the BSNL with effect from 01/10/2000 when they were covered by the Central Dearness Allowance (CDA) scales of pay. However on formation of the BSNL, the very same employees taken over by the BSNL from the Telecom Department were brought under the Industrial Dearness Allowances (IDA) scales of pay. While the applicants were promoted from Group D as Telecom Mechanics in the Telecom Department prior to their induction by the BSNL, their juniors who are promoted later as Telecom Mechanics continued as Group D employees with the BSNL after its formation. When the IDA scales of pay was introduced, the persons who were Group D employees got substantially higher pay and allowance comparable to the pay and allowance of the applicants while they were serving as Group D employees in the Department of Telecom, and on promotion of those Group D employees as Telecom Mechanics they got their pay fixed OP(CAT) Nos.1373/2011 & connected cases -3- with reference to the higher pay scales under the IDA Scheme that was given to them as Group D employees. This led to the anomaly of Senior Telecom Mechanics drawing lesser pay than their juniors promoted later in that cadre. The BSNL also admits that this situation cannot be permitted and therefore they constituted a Committee with representatives of employer and employees, and the Committee recommended grant of personal pay to the applicants for getting over the anomalous situation of juniors drawing higher pay in the same cadre. 4. The applicants however approached the Tribunal stating that personal pay is a temporary arrangement and in the course of time, the anomaly will again arise and they will not get other benefits like DA and retirement benefits on the personal pay. The Tribunal accepted this contention and directed the BSNL to step up the pay of the applicants at par with those juniors who are drawing higher pay. We do not find any justification to interfere with the Tribunal's order. Even though learned Standing Counsel for the BSNL contended that the applicants have not proved as to which are the juniors drawing higher pay, we do not think there is any scope for an OP(CAT) Nos.1373/2011 & connected cases -4- enquiry either by the Tribunal or by us, because all what is directed by the Tribunal is to give equal pay at least to those seniors in service in the same cadre. 5. However, it is our view that in view of the introduction of IDA scales of pay for the employees as a whole and the consequence of pay difference on promotion, it is for the BSNL to work out fresh schemes of fixation of scales of pay under the IDA scheme keeping in mind the anomalies that may occur not only in the present case but also in other cases. In other words, the CAT order confirmed by us does not bar the BSNL to introduce fresh scales of pay under the IDA Scheme. So that anomalies of this nature do not occur. However, the Committee decision cancelled by the Tribunal should not be reintroduced in another form. These OP(CAT)s are dismissed but with the above observations. (C.N.RAMACHANDRAN NAIR, JUDGE) (P.S.GOPINATHAN, JUDGE) jg