Madras High Court The Tamil Nadu ExServicemen S ... vs The Bharat Sanchar Nigam Limited (Bsnl) on 27 November, 2009 Dated: 27.11.2009 The Honourable Mr.H.L.GOKHALE, CHIEF JUSTICE and The Honourable Mr.Justice N.PAUL VASANTHAKUMAR W.A.No. 573 of 2009 and M.P.Nos. 1, 2 & 4 of 2009 The Tamil Nadu ExServicemens Corporation Limited (TEXCO), Government of Tamil Nadu Undertaking, 2, West Mada Street, Sri Nagar Colony, Saidapet, Chennai  600 015. . Appellant vs. 1. The Bharat Sanchar Nigam Limited (BSNL), Rep. by its Chief General Manager, Anna Salai, Chennai  600 002. 2. The General Manager (BSNL), Gandhiji Road, Erode  640 011. 3. The Government of India, Rep. by its Secretary to Government, Department of Exservicemen Welfare, Ministry of Defence, New Delhi  1. 4. The Directorate General of Resettlement, Government of India, Ministry of Defence, West Block IV, R.K.Puram, New Delhi  1. 5. Brig. Mr.Velu Proprietor, M/s.Vajraa Security and Allied Services, No.39, R.V.Layout, Ondipudur, Coimbatore  16. 6. Brig.Mr.Veera Pradap, No.6/158, South Alagapuram, Salem  14. 7. Erode District Exservicemen and family Welfare Association, (Regd. No.67/2007), Rep. by its President G.Srinivasan, 14A, Davamani Illam, Bharathi Veedhi, Avalpoonthurai, Erode  638 115. 8. Kovai Mandala Exservicemen and Family Welfare Association, (Coimbatore, Erode, Nilgiri District), Rep. by its President, V.Meckanz, 99, Karuppusamy Nagar, Kavundampalayam, Coimbatore641 030.  Respondents (R7 impleaded as party respondent vide order Dated 2.9.2008 made in M.P.3/2009) (R8 impleaded as party respondent vide order Dated 4.11.2009 made in M.P.No.5/2009) PRAYER: Appeal filed under Clause 15 of the Letters Patent against the order dated 22.4.2009 made in W.P.No.23934 of 2008 on the file of this Court. For Appellant ::: Ms.Pushpa Menon For Respondents 1 & 2 ::: Mr.S.Udayakumar For Respondents 3 & 4 ::: Mr.G.Jagannathan, Central Government Counsel For Respondent 5 ::: Mr.K.F.Manavalan For Respondent 6 ::: Mr.R.Arumugam For Respondent 7 ::: Ms.D.Nagasaila For Respondent 8 ::: Mr.R.Thiagarajan J U D G M E N T THE HONBLE CHIEF JUSTICE Heard Ms.Pushpa Menon, learned counsel in support of this appeal. Mr.S.Udayakumar, learned counsel appears for respondents 1 and 2. Mr.G.Jaganathan, learned Central Government Counsel appears for respondents 3 and 4. Mr.K.F.Manavalan, learned counsel appears for respondent no.5. Mr.R.Arumugam, learned counsel appears for respondent no.6. Ms.D.Nagasaila, learned counsel appears for respondent no.7 and Mr.R.Thiagarajan, learned counsel appears for respondent no.8. 2. This appeal seeks to challenge the order passed by a learned single Judge dated 22nd April, 2009 whereby the writ petition No.23934 of 2008 filed by the appellant was dismissed by the learned single Judge. 3. The appellant is a Government of Tamil Nadu Undertaking specially constituted for the employment of Exservicemen. It is the case of the appellant that the appellant ought to have the priority/exclusive rights in the matter of employment of Exservicemen, wherever the appellant has been functioning satisfactorily, and where more than 100 Exservicemen are required. The orders passed by respondents 1 and 2, i.e., Bharat Sanchar Nigam Limited (for short, BSNL) and its General Manager at Erode dated 8th September, 2008 distributing the work of engaging the Exservicemen amongst the appellant and two other agencies i.e., respondents 5 and 6, were challenged by the appellant by filing the above referred to writ petition. Those orders have been upheld by the learned single Judge. Hence, this appeal. 4. The appellant Corporation was created by the State of Tamil Nadu by the Government Order bearing G.O.Ms.No.889, Public (ExServicemen) Department, dated 7th May, 1985. The case of the appellant is that there are certain directions issued by the Ministry of Defence, Ministry of Heavy Industries & Public Enterprises and BSNL itself which give preference to the employment of Exservicemen through State run Corporations such as the appellant, and guidelines of the Director General of Resettlement (for short the DGR), an officer of the Ministry of Defence as well as the impugned order of respondent no.2 will have to be read in the light of these superior documents. 5 (i) It is the case of the appellant that under the directions issued by the Ministry of Defence on 22nd May, 2002, each Agency engaged in sponsorship of Exservicemen is supposed to be sponsored initially for a period of two years as per para 14(c) of the guidelines issued by the DGR with further resp