IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WA.No. 1028 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.30582/2005 Dated 24/07/2008 .................... APPELLANT(S): RESPONDENTS -------------------------------------------- 1. BHARAT SANCHAR NIGAM LIMITED, REP. BY THE CHAIRMAN AND MANAGING DIRECTOR, CORPORATE OFFICE STATESMAN HOUSE, BARAKHAMBA ROAD, NEW DELHI 2. THE PRINCIPAL GENERAL MANAGER, BSNL BHAVAN, ERNAKULAM SSA, ERNAKULAM, KOCHI-16. 3. THE ACCOUNTS OFFICER, ESTT, O/0 PGMT, BSNL BHAVAN ERNAKULAM, KOCHI-16. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL RESPONDENT(S): PETITIONERS --------------------------------------------- 1. GEORGE M.J.,S/O.VARGHESE, TELECOM MECHANIC O/O SUB DIVISIONAL ENGINEER (PHONES) TELEPHONE EXCHANGE, SOUTH CHITTOOR, RESIDING AT MOONAJILIKAL HOUSE, POTTAKUIZHI CROSS ROAD, PACHALAM, KOCHI-12. 2. SUNIL.K.N., S/O NARAYANAN, TELECOM MECHANIC, O/O SUB DIVISIONAL ENGINEER (PHONES) CSR EXCHANGE KOCHI-16, RESIDING AT KAVALMPILLY HOUSE, VYTTILA.P.O. 3. T.C.SUBRAMANIAN, S/O. CHATHAN, TELECOM MECHANIC,O/O SUB DIVISIONAL ENGINEER (PHONES) TELEPHONE EDGNANGE THRIKKAKARA, RESIDING AT THALIPARAMBIL HOUSE, VENNALA.P.O., KOCHI-28. 4. I.P.GEORGE, S/O. PAILY, TELECOM MECHANIC O/O SUB DIVISIONAL ENGINEER(PHONES) CABLE SOUTH ERNAKULAM KOCHI-11, RESIDING AT ITTIPATTA HOUSE, S.CHITOOR, KOCHI. 5. K.M.MANI, S/O. NARAYANAN, TELECOM MECHANIC, O/O SUB DIVISIONAL ENGINEER, OFS MAIN TENANCE, PANAMPILLY NAGAR KOCHI, RESIDING AT KAYAPILLY HOUSE, ELEMAKKARA.P.O. 6. V.L. SAJEEVAN, S/O. LEELAN, TELECOM MECHANIC, O/O SUB DIVISIONAL ENGINEER, CABLE SOUTH PKV BUILDING KOCHI-11, RESIDING AT KARUVELIPARAMBIL HOUSE, VADUTHALA, KOCHI-23. 7. L.NANAKUMAR, S/O. LAKSHMANAN, TELECOM MECHANIC, O/O SUB DIVISIONAL ENGINEER(LD) TELEPHONE EXCHANGE, ERNAKULAM, RESIDING AT H. COLONY, PLOT NO.26,ERNAKULAM, KOCHI-20. 8. C.B.JAYARAJAN, S/O. C.K.BAHULEYAN, TELECOM MECHANIC O/O SUB DIVISIONAL ENGINEER, OFS INSTALLATION, AYYAPPANKAVU EXCHANGE BUILDING KOCHI-18, RESIDING AT THRIEPARAMBIL HOUSE, PONNOTH ROAD, KALOOR, KOCHI-17. 9. ABDUL SALAM P.M. S/O. MOHAMMED.P.M. TELECOM MECHANIC O/O SUB DIVISIONAL ENGINEER (A/C & POWER) TELEPHONE EXCHANGE,PALARIVATTOM RESIDING AT THAYYATHU PARAMBIL VENNALA.P.O., KOCHI-28. ADV. SRI.M.R.HARIRAJ FOR R1 TO 9 SRI.P.A.KUMARAN FOR R1 TO 9 SRI.SURAJ.S FOR R1 TO 9 SMT.VINEETHA B. FOR R1 TO 9 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1028 of 2009 ---------------------------------------------- Dated 23rd September, 2009. J U D G M E N T Kurian Joseph, J. The appellants are the respondents in the writ petition. The writ petitioners approached this court praying for a direction to the respondents not to recover any amounts from the petitioners on the ground of excess pay consequent on the stepping up of pay and also for a direction to refund the amounts recovered from them. The learned Single Judge after elaborately considering the issue held that the writ petitioners were entitled to the stepping up of the pay in view of the admitted fact that their juniors had been drawing higher pay. Ext.P1 office order was in fact intended for rectifying such an anomaly. 2. Learned Standing Counsel for the BSNL, among other vehement contentions submitted that the matter is now under consideration by the Anomaly Committee. We find that the Supreme Court has recently considered the very same issue leading to the decision in Gurcharan Singh Grewal v. Punjab WA NO.1028/09 2 State Electricity Board and others [(2009)3 SCC 94]. The matter on principle is wholly covered against the appellants by the said decision. Therefore, the Writ Appeal is dismissed. KURIAN JOSEPH, JUDGE. C.T.RAVIKUMAR, JUDGE. tgs KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ---------------------------------------------- W.A. No.1028 of 2009 ---------------------------------------------- J U D G M E N T Dated 23rd September, 2009.