IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 23584 of 2007(G) -------------------------- PETITIONERS: -------------------- 1. C.I.RAJU, AGED 50 YEARS, S/O C.J.ISSAC, WORKING AS DRAUGHTSMAN GRADE I, BSNL, CIVIL DIVISION, ERNAKULAM. 2. K.A.MATHEW, S/O K.S.ABRAHAM, WORKING AS DRAUGHTSMAN GRADE I, BSNL, CIVIL DIVISION, KOTTAYAM. 3. K.R.K.PILLAI, S/O KRISHNAN NAIR, WORKING AS DRAUGHTSMAN GRADE I, BSNL, CIVIL DIVISION, KOLLAM. BY ADV. SRI.G.D.PANICKER SMT.JEENA JOSEPH RESPONDENTS: ---------------------- 1. THE CHAIRMAN AND MANAGING DIRECTOR, BSNL, STATESMAN HOUSE, NEW DELHI. 2. DIRECTOR (HRD), BSNL, STATESMAN HOUSE, NEW DELHI. 3. THE CHIEF ENGINEER(CIVIL), KERALA ZONE, TRIVANDRUM. 4. JOINT DEPUTY DIRECTOR GENERAL(BW-1), BSNL, 10TH FLOOR, CHADRALOK BUILDING, 36 JANPATH, NEW DELHI-110001. BY ADV. SRI.MVS.NAMBOOTHIRY SRI.MATHEWS K.PHILIP,SC, BSNL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23584 of 2007 APPENDIX PETITIONERS EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF THE ORDER DATED 14.1.2002 EXT.P2: TRUE PHOTOCOPY OF THE LETTER DATED 29/1/2002 OF THE 3RD RESPONDENTS EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 19/4/2005 EXT.P4: TRUE COPY OF THE LETTER DATED 4/6/2005 EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 4/12/2006 FILED BY THE 1ST PETITIONER EXT.P6: TRUE COPY OF THE JUDGMENT IN WRIT PETITION NO.31623/2006 DATED 15/12/2006 EXT.P7: TRUE COPY OF THE ORDER DATED 11/6/2007 ADDRESSED TO THE 1ST PETITIONER EXT.P8: TRUE COPY OF THE LETTER NO.BSNL/4/SR-2001 (Pt) DATED 1/11/2001 EXT.P9: TRUE COPY OF THE ORDER DATED BSNL/4/SR/2001 DATED 24/1/2002 EXT.P10: TRUE PHOTOCOPY OF THE OFFICE LETTER NO.15-2/2005-TE-II DATED 21/2/2007 RESPONDENTS EXHIBITS: EXT.R1(a): TRUE COPY OF DIFFERENT SCALES OF EXECUTIVES AND NON-EXECUTIVES EXT.R1 (b) series: TRUE COPY OF LETTER NO.10-2/2007-CSE DATED 11.6.2007 SENT BY THE RESPONDENT TO THE PETITIONERS /TRUE COPY/ P.A. TO JUDGE V.GIRI,J. ------------------------- W.P ( C) No.23584 of 2007 -------------------------- Dated this the 28th July, 2008 J U D G M E N T Petitioners are employed as Draftsman Gr.I in the BSNL and were fitted in the scale of Rs.5500-9000. According to them, going by Exhibit P1, they are entitled to be treated as Group B Officers. Pursuant to Exhibit P2, they exercised their option for absorption in Group B Cadre of the BSNL. But this was rejected, as evidenced by Exhibit P4 stating that the Draftsman Gr.I who are drawing the pay scale of Rs.5500-9000 in CDA are not covered under the definition of Group “B' Officers. They approached the Chairman and Managing Director. Their request was directed to be considered as per Exhibit P6 judgment. This was again rejected under Exhibit P7. But learned counsel for the petitioners submit that the decision in Exhibit P7 seems to be one taken without hearing the petitioners. Before such a decision was taken, in the nature of the reliefs prayed for and W.P ( C) No.23584 of 2007 2 especially in the light of specific direction in Exhibit P6, a personal hearing was necessary. That was not done. In the result, Exhibit P7 is set aside and the 1st respondent is directed to pass a fresh order after affording an opportunity of personal hearing to one among the petitioners or an authorized representative in that regard, within a period of three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. (V.GIRI, JUDGE) ma W.P ( C) No.23584 of 2007 3 W.P ( C) No.23584 of 2007 4