IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 31048 of 2005(U) -------------------------- PETITIONER: ------------ E.G.SUSANTHAN, AGED 35 YEARS, S/O.E.S.GOPALAN,JUNIOR TELECOM OFFICER(ELECTRICAL) OFFICE OF THE SUB DIVISIONAL ENGINEER (ELECTRICAL) ELECTRIAL SUB DIVISION NO.2, BHARAT SANCHAR NIGAM LTD.,TRICHUR,RESIDING AT EASVARAMANGALATH HOUSE,P.O.PADIYUR,TRICHUR-680695. BY ADV. SRI.T.C.GOVINDA SWAMY SRI.P.NPANKAJAKSHAN PILLAI SMT.SUMY.P.BABY RESPONDENTS: ------------- 1. THE CHAIRMAN AND MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LIMITED, NEW DELHI. 2. THE CHIEF GENERAL MANAGER, TELECOMMUNICATION, BHARAT SANCHAR NIGAM LTD., KERALA CIRCLE, TRIVANDRUM. 3. THE GENERAL MANAGER, TELECOMMUNICATION, BHARAT SANCHAR NIGAM LTD., TRICHUR. BY ADV. SRI.K.KESAVANKUTTY, SC, BSNL FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER BEARING NO. RECTT/30-6//99 DATED 19TH SEPTEMBER 2000 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE INTER-SE SENIORITY LIST COMMUNICATED UNDER LETTER NO. STA/11-24/2003-04/VOL.1 DATED 2ND JUNE 2004 ISSUED BY THE 2ND RESPONDENT. EXT.P3 TRUE COPY OF THE DETAILED REPRESENTATION ADDRESSED TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO.31048 OF 2005 -------------------------------------------- Dated this the 17th day of July, 2008 JUDGMENT This Writ Petition is filed by the petitioner against his non- inclusion in the cadre of Junior Telecom Officer along with others. Petitioner, who was Telecom Technical Assistant, appeared for the test and came out successful for inclusion in the list of Junior Telecom Officer. He was included so in the list of Junior Telecom Officers prepared for the Trichur area. However, even after preparing the list of Junior Telecom Officers, the BSNL delayed appointment of persons from list for that post. In between the post of Junior Engineer (Ele.) arose which is an equivalent post to JTO. Petitioner applied for the post and was appointed temporarily on 30.11.2000. Petitioner's case is that when the list of Junior Telecom Officers was prepared and published by the BSNL vide Ext.P2 on 2.6.2004, he did not figure in the said list. Standing counsel for BSNL submitted that petitioner has chosen another line of promotion given to him four years' back, that is Junior Engineer (Ele.), and therefore he cannot be included in the list of Junior Telecom Officers. According to the petitioner, after passing the 2 test and after getting included in the list of Junior Telecom Officers, he has not given up his claim when he accepted the post of Junior Engineer (Ele.). Admittedly both are two lines of appointments and petitioner qualified for both. His appointment in the cadre of Junior Engineer (Ele.) was on temporary basis also. In the circumstances, I feel petitioner is entitled for an option to go back to the JTO's post as and when promotions are made from the list. However, petitioner has to forgo whatever benefits he has got by virtue of his promotion as Junior Engineer (Ele.) on 30.11.2000. In other words, BSNL will be able to recover the benefits given to him including salary paid if the petitioner wants to switch-over to the post of JTO. W.P. is disposed of directing the petitioner to exercise option and inform the BSNL without delay for the BSNL to appoint petitioner as JTO along with others after recovering whatever financial benefits given to him as Junior Engineer (Ele.) for the period after 30.11.2000 till his appointment as JTO. However, he will be given benefits as JTO with reference to the date, he would have got appointment to that post, had he not join as Junior Technical (Ele.). (C.N. RAMACHANDRAN NAIR) Judge kk 3