IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WA.No. 2489 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.6324/2007 Dated 13/06/2008 .................... APPELLANTS/PETITIONERS ------------------------- 1. CHAIRMAN AND MANAGING DIRECTOR, BSNL, CORPORATE OFFICE, NEW DELHI. 2. THE DIRECTOR (HRD), BSNL, STATESMAN HOUSE - 148, BHARAKKAMBA ROAD, NEW DELHI. 3. SR. DEPUTY DIRECTOR GENERAL (BW-1) BSNL, 10TH FLOOR, CHANDRALOK BUILDING, 36 JANPATH, NEW DELHI. 4. CHIEF GENERAL MANAGER, TELECOM, BSNL, TRIVANDRUM. BY ADV. SRI.PMM.NAJEEB KHAN RESPONDENT: --------------- N. UNNIKRISHNAN NAIR, JUNIOR TELECOM OFFICER (CIVIL), O/O THE EXECUTIVE ENGINEER, BSNL CIVIL DIVISION, TRIVANDRUM. ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. -------------------------------------- W.A.No. 2489 OF 2008 -------------------------------------- Dated, this the 13th day of July, 2009 J U D G M E N T ~~~~~~~~~~~~ Balakrishnan Nair, J. The respondents in the Writ Petition are the appellants. The respondent herein filed the Writ Petition claiming the following reliefs. “i) issue a writ of certiorari or any other writ or order to quash Ext.P11 dated 5.2.2007. ii) issue a writ of mandamus or any other writ or order directing the respondents to grant the benefit of 1 st financial upgradation to the petitioner on completion of the required number of years. iii) direct the respondents to pay the arrears thereto with appropriate rate of interest within a time frame.” Ext.P11 is the communication by which the respondents' claim for 1st financial upgradation under the ACP Scheme was rejected by the competent authority. The brief facts of the case are the following: W.A.No.2489/2008 2 2. The appellant was appointed as Draftsman Grade- III (Civil) on 14.12.1978. He was placed in the scale of pay of Draftsman Grade-II on 19.3.1979, for the reason that the post of Draftsman Grade-III was abolished. The petitioner was further promoted as Junior Engineer, which is now re- designated as Junior Telecom Officer on 30.10.1985. The scale of pay of Draftsman Grade-II and Junior Engineer was one and the same. Therefore, for the purpose of ACP Scheme, the said promotion has to be ignored. So, according to the petitioner, he is entitled to get the 1st financial upgradation on completion of 12 years service from 19.3.1979. Though he filed representations claiming this relief, no decision was taken on them. Finally, as per the direction of this Court, his claim was considered and rejected by Ext.P11. According to the competent authority, he got promotion as Draftsman Grade-II on 19.3.1979 and second promotion as Junior Telecom Officer on 30.10.1985. Therefore, he is not eligible to get any financial upgradation in terms of the ACP Scheme. Challenging Ext.P11 order and seeking consequential reliefs, the Writ Petition was filed. The respondent/petitioner contended that in view of Ext.P13 clarification, his promotion W.A.No.2489/2008 3 as Junior Engineer/Junior Telecom Officer has to be ignored as the scale of pay of Junior Engineer/Junior Telecom Officer was the same. The respondents resisted the application by filing a counter affidavit. The learned Single Judge after hearing both sides allowed the Writ Petition. Hence, this appeal by the appellants, who were respondents in the Writ Petition. 3. We heard the learned counsel on both sides. At the time of hearing, the learned counsel for the respondent/petitioner submitted that the 2nd upgradation is also due to him as he has already completed 24 years service, whether it is reckoned from 14.121978 or 19.3.1979. 4. Going by Ext.P13 clarification, we are of the view that the respondents prayer has been rightly allowed by the learned Single Judge. So, the petitioner shall be given 1st upgradation on completion of 12 years from 19.3.1979. His claim for further upgradation on completion of 24 years shall also be considered by the competent authority among the appellants and a decision taken within four months from the date of receipt of a copy of this judgment. W.A.No.2489/2008 4 Subject to the above clarifications and directions, this Writ Appeal is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps