IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WA.No. 110 of 2008 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C.).NO.21817/2007 DATED 07/08/2007. .................... APPELLANTS/RESPONDENTS: -------------------------------------------- 1. CHAIRMAN AND MANAGING DIRECTOR, BSNL, STATESMAN HOUSE, NEW DELHI. 2. PRINCIPAL GENERAL MANAGER, TELECOM DEPT., BSNL BHAVAN, UPPALAM ROAD, TRIVANDRUM. BY ADV. SRI.S.K.BALACHANDRAN, SC, BSNL. RESPONDENT/ WRIT PETITIONER: ------------------------------------------------- V.VIJAYAN NAIR, AGED 52 YEARS, S/O LATE VELAYUTHAN PILLAI, DRIVER, O/O DE SOUTH, BSNL, POOJAPPURA, RESIDING AT GIRIJA SADANAM, KRISHNAPURAM, OORUTTAMBALAM. BY ADV. SRI.G.D.PANICKER, ADV. SMT.JEENA JOSEPH. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON ON 12/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N. RAVINDRAN, JJ. --------------------------------------------------------------- W.A.NO.110 OF 2008 -------------------------------------------------------------- Dated this the 12th day of March, 2008. JUDGMENT Balakrishnan Nair, J: The respondents in the writ petition are the appellants. The writ petition was disposed of directing the respondents to count the past service of the writ petitioner in the parent department for the purpose of grant of promotion. The same was done relying on Ext.P8 judgment of this Court rendered in a similar matter. The appellants submit that the past service cannot be counted for functional promotion/regular promotion in terms of the Recruitment Rules. Exhibit P8 only directs to count the past service for promotions under TBOP Scheme or similar schemes. Therefore, the appellants pray for modification of the judgment. 2. We heard the learned counsel appearing for the writ petitioner, who is the 1st respondent herein. It is clarified that the past service of the petitioner in his parent department shall be counted for granting non-functional promotions like the one under TBOP Scheme or similar schemes. For regular functional promotion to the post of Driver Grade-II, the petitioner will have to fulfill the WA.NO.110/2008 . 2 conditions prescribed in the Recruitment Rules. The writ appeal is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE P.N. RAVINDRAN, JUDGE. cl