Bharat Sanchar Nigam Ltd. & Anr. v. Union of India & Ors. (OP(CAT) Nos. 20/2010 (S); 142/2010; 21/2010; WP(C) 29029/2010)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** ## **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941** **OP (CAT).No.20 OF 2010(S)** ## **AGAINST THE ORDER/JUDGMENT IN TA 46/2008 OF CENTRAL ADMINISTRATIVE** ## **TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONER/S:** - **1 BHARAT SANCHAR NIGAM LIMITED, REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR, STATEMANS HOUSE, B-148, BARAKHAMBA ROAD, NEW DELHI110 001.** - **2 DIRECTOR (HUMAN RESOURCES DEVELOPMENT), BSNL BOARD, STATEMANS HOUSE, B-148, BARAKHAMBA ROAD, NEW DELHI- 110 001.** - **3 CHIEF GENERAL MANAGER, TELECOMMUNICATIONS, BHARAT SANCHAR NIGAM LIMITED, KERALA CIRCLE, THIRUVANANTHAPURAM.** **BY ADV. SRI.P.J.PHILIP, SC, BSNL** ## **RESPONDENTS:** - **1 UNION OF INDIA,REPRESENTED BY SECRETARY, MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY, DEPARTMENT OF TELECOMMUNICATIONS, 421 SANCHAR BHAVAN,, 20 ASHOKA ROAD, NEW DELHI- 100 001.** - **2 JOBI JOSEPH,ASSISTANT DIRECTOR OFFICIATING, OFFICE OF THE GENERAL MANAGER, TELECOM, BSNL, PALAKKAD- 678 001.** - **3 PRASANNAKUMARI AMMA M., ASSISTANT DIRECTOR, OFFICE OF THE GENERAL MANAGER, TELECOM, BSNL, KOLLAM 691 001.** - **4 C.MRIDULA, ASSISTANT DIRECTOR, OFFICE OF THE GENERAL MANAGER, TELECOM, BSNL, KOZHIKODE-673 001.** OP(CAT) 20/2010 and connections. 2 **5** **M.P.SREEKUMAR, ASSISTANT DIRECTOR, OFFICE OF THE GENERAL MANAGER, TELECOM, KANNUR-670001.** **R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN ASST.S.G OF INDIA R1 BY ADV. SHRI.SUSHEEL JOSEPH CYRIAC CGC R1 BY ADV. SRI.GENS GEORGE ELAVINAMANNIL** **R2-4 BY ADV. SRI.O.V.RADHAKRISHNAN SR.** **R2-4 BY ADV. SMT.K.RADHAMANI AMMA** **R2-4 BY ADV. SRI.K.RAMACHANDRAN THYKOODAM** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH OP (CAT).142/2010, OP (CAT).21/2010(S), WP(C).29029/2010(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(CAT) 20/2010 and connections. 3 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941** # **OP (CAT).No.142 OF 2010** **AGAINST THE ORDER/JUDGMENT IN TA 47/2008 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONERS:** |**1**|**BHARAT SANCHAR NIGAM LTD**| |---|---| ||**REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR,,**| ||**CORPORATE OFFICE, STATEMANS HOUSE,, B-148,**| ||**BARAKHAMBA ROAD,, NEW DELHI-110001.**| |**2**|**DIRECTOR HUMAN RESOURCES DEVELOPMENT**| ||**BSNL BOARD, STATEMANS HOUSE,**| ||**B-148, BARAKHAMBA ROAD, NEW DELHI.**| |**3**|**GENERAL MANAGER**| ||**TELECOMMUNICATIONS,**| ||**BHARAT SANCHAR NIGAM LIMITED,, KERALA CIRCLE,**| ||**THIRUVANANTHAPURAM.**| **BY ADV. SRI.P.J.PHILIP, SC, BSNL** ## **RESPONDENTS:** |**1**|**UNION OF INDIA**| |---|---| ||**REP. BY THE SECRETARY,, MINISTRY OF COMMUNICATION &**| ||**INFORMATION, TECHNOLOGY,, DEPARTMENT OF**| ||**TELECOMMUNICATIONS, SANCHAR BHAVAN,, 20 ASHOKA**| ||**ROAD, NEW DELHI-100001.**| |**2**|**G.ANJANA**| ||**ASSISTANT DIRECTOR (OFFICIAL LANGUAGE),,**| ||**OFFICIATING,**| ||**OFFICE OF GENERAL MANAGER TELECOM DISTRICT,, BSNL,**| ||**ALAPPUZHA-688001.**| OP(CAT) 20/2010 and connections. 4 **3 RAJA SREE P.K. ASSISTANT DIRECTOR (OFFICIAL LANGUAGE),, OFFICIATING, OFFICE OF THE GENERAL MANAGER,, TELECOM, BSNL, THIRUVALLA-689 101.** **R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2-3 BY ADV. SRI.P.V.MOHANAN** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH OP (CAT).20/2010(S), OP (CAT).21/2010(S), WP(C).29029/2010(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(CAT) 20/2010 and connections. 5 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941 OP (CAT).No.21 OF 2010** **AGAINST THE ORDER/JUDGMENT IN TA 48/2008 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONERS:** **1 BHARAT SANCHAR NIGAM LTD. CORPORATE OFFICE, STATEMAN HOUSE, B-148,, BARAKHAMBA ROAD, NEW DELHI REPRESENTED BY ITS, DIRECTOR GENERAL. 2 CHIEF GENERAL MANAGER O/O THE CHIEF GENERAL MANAGER,, TELECOM (BSNL), KERALA CIRCLE,, THIRUVANANTHAPURAM. BY ADV. SRI.P.J.PHILIP, SC, BSNL RESPONDENTS: 1 UNION OF INDIA THE SECRETARY, MINISRY OF COMMUNICATION &, INFORMATION TECHNOLOGY, DEPARTMENT OF, TELECOMMUNICATIONS, 421 SANCHAR BHAVAN,, 20 ASHOKA ROAD, NEW DELHI 100 001. 2 B.H.SREELA ASSISTANT DIRECTOR OL O/O THE GENERAL MANAGER TELECOMMUNICATIONS,, BSNL, KOTTAYAM 686 001. R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2 BY ADV. DR.K.P.SATHEESAN (SR.) R2 BY ADV. SRI.P.MOHANDAS (ERNAKULAM) R2 BY ADV. SRI.S.VIBHEESHANAN R2 BY ADV. SRI.S.K.ADHITHYAN R2 BY ADV. SRI.SABU PULLAN R2 BY ADV. SRI.MATHEW SUNNY** **THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH OP (CAT).142/2010, OP (CAT).20/2010(S), WP(C).29029/2010(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(CAT) 20/2010 and connections. 6 **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** **&** **THE HONOURABLE MR.JUSTICE V.G.ARUN** **THURSDAY, THE 10TH DAY OF OCTOBER 2019 / 18TH ASWINA, 1941** ## **WP(C).No.29029 OF 2010** **AGAINST THE ORDER/JUDGMENT IN TA 44/2008 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH** ## **PETITIONERS:** - **1 BHARAT SANCHAR NIGAM LTD.AND ANOTHER CORPORATE OFFICE, STATEMANS HOUSE,, B-148, BARAKHAMBA ROAD, NEW DELHI REPRESENTED BY, ITS DIRECTOR GENERAL.** - **2 CHIEF GENERAL MANAGER OFFICE OF THE CHIEF GENERAL MANAGER, TELECOM (BSNL), KERALA, CIRCLE, THIRUVANANTHAPURAM.** **BY ADV. SRI.P.J.PHILIP, SC, BSNL** ## **RESPONDENTS:** - **1 UNION OF INDIA AND OTHERS THE SECRETARY TO GOVERNMENT OF INDIA,, MINISTRY OF COMMUNICATIONS, NEW DELHI.** - **2 MEDINI C. PRESENTLY WORKING AS ASSISTANT DIRECTOR (OL) ON AN, AD HOC BASIS,, OFFICE OF THE PRINCIPAL GENERAL MANAGER, BSNL,, THRISSUR.** - **3 B.GEETHA DEVI PRESENTLY WORKING AS ASSISTANT DIRECTOR (OL) ON AN AD HOC BASIS,, OFFICE OF THE PGMT, BSNL BHAVAN, UPPALAM ROAD,, THIRUVANANTHAPURAM-1.** - **4 SOBHANA KUMARI PRESENTLY WORKING AS ASSISTANT DIRECTOR (OL) ON AN AD HOC BASIS IN THE, OFFICE OF THE PGMT, BSNL, THIRUVANANTHAPURAM.** OP(CAT) 20/2010 and connections. 7 **5 SHEELA M.C. PRESENTLY WORKING AS ASSISTANT DIRECTOR (OL) ON AN AD HOC BASIS IN THE, OFFICE OF THE PGMT, BSNL, KALATHIPARAMBIL ROAD,, KOCHI-16.** **R1 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA R2-4 BY ADV. SRI.S.RADHAKRISHNAN** **R2-4 BY ADV. SRI.S.RAJ MOHAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.10.2019, ALONG WITH OP (CAT).142/2010, OP (CAT).20/2010(S), OP (CAT).21/2010(S), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(CAT) 20/2010 and connections. 8 ## **JUDGMENT** **[ OP (CAT).20/2010, OP (CAT).142/2010, OP (CAT).21/2010, WP(C).29029/2010 ]** **Dated this the 10th day of October 2019** ## **Vinod Chandran, J.** **The applicants before the Tribunal were all appointed as Hindi Translators Grade I and were subsequently promoted as Senior Hindi Translators. They were also promoted as Additional Director (Official Languages), but on an ad hoc basis, especially since there was no recruitment rules available for such promotion to the post of AD(OL). In the year 2002, Assistant Director (Official Languages)Recruitment Rules, 2002 was brought out, specifically on 24.12.2002. Therein there was a quota provided for the promotees and direct recruits. However, there was a special provision which read as under:** **“There are many Sr.Hindi Translators/Jr.Hindi Translators and Group C Officials who have been given local officiating promotions to the grade of** OP(CAT) 20/2010 and connections. 9 **AD(OL) in the field formations of BSNL. In order to avoid legal and administrative complications, as a one time measure, it is provided that all the vacancies in the grade of AD(OL) in the 1[st] year of Recruitment, irrespective of vacancies earmarked for promotional quota or DR quota, shall be filled up by promotion on seniority-cumfitness basis, by following due procedures, amongst those officials who have been officiating as AD(OL) in BSNL subject to their fulfilling the basic qualifications and experiences as prescribed above.”** **2. The applicants were legitimately expecting a regular promotion on the basis of the recruitment rules of 2002. However, no action was taken for three years and a fresh recruitment rule was promulgated called the Rajbhasha Adhikari Recruitment Rules, 2005. The special provision available in 2002 Rules was omitted. The new rules hence provided for a mode of recruitment which the applicants who are continuing as AD(OL) on adhoc promotions will have to subject themselves to. They were aggrieved with the fact that though the recruitment rules of 2002 were in place, nothing was done by the petitioner-BSNL to promote them to the post** OP(CAT) 20/2010 and connections. 10 **of AD(OL). The Tribunal found that the recruitment rules having been implemented in the year 2002, the applicants were entitled to be considered under the Rules of 2002 and not under the Rules of 2005.** **3. The learned Senior Counsel appearing for the BSNL has placed before us a decision of the Hon'ble Supreme Court reported in** _**(2011) 14 SCC 739 [BSNL and others v. Mishri Lal and others]**_ **. The applicability of the Rules of 2002 and 2005 was specifically considered by the Hon'ble Supreme Court. It was found that the Rules of 2002 was never implemented. In fact, the Rules of 2005 was brought in with retrospective effect on a policy change as decided by the BSNL. It was held that there was no vested right on similarly situated persons to claim regular promotion to the post of AD(OL) on the basis of the Rules of 2002. Here the situational facts are identical with respect to all the applicants who are similar to the applicants in the Supreme Court decision. The applicants herein, as in the cited decision, were never regularly promoted to the post of AD(OL) and were only placed there on** _**adhoc**_ OP(CAT) 20/2010 and connections. 11 **basis.** **4. In the above circumstances, there is no further adjudication required insofar as the identical issue raised of similarly situated respondents in the various original petitions. We hence set aside the order of the Tribunal respectfully following the cited judgment of the Hon'ble Supreme Court.** **The original petitions are allowed, dismissing the Original and Transferred Applications leaving the parties to suffer their costs.** **Sd/K. VINOD CHANDRAN, JUDGE.** **Sd/V.G. ARUN, JUDGE.** **Jma/10.10** OP(CAT) 20/2010 and connections. 12 ## **APPENDIX OF OP (CAT) 20/2010** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TRANSFER APPLICATION NO.T.A.NO.46 OF 2008. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT IN T.A.NO.46 OF 2008. EXHIBIT P3 TRUE COPY OF THE ORDER IN T.A.NO.46 OF 2008 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.1405/2007 AND CIVIL APPEAL NO.427/2008.** OP(CAT) 20/2010 and connections. 13 ## **APPENDIX OF OP (CAT) 142/2010** ## **PETITIONER'S/S EXHIBITS:** ## **ANNEXURE A** **A TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO. 1405/2007 AND CIVIL APPEAL NO. 427/2008** **ANNEXURE A-1 TRUE COPY OF THE COMMON ORDER DATED 8TH APRIL 2010 IN T.A. NOS.44, 46, 47 AND 48 OF 2008 AND O.A. NO. 100 OF 2009 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH** **ANNEXURE A-2 TRUE COPY OF THE RECRUITMENT RULES 2002 ANNEXURE A-3 TRUE COPY OF THE RECRUITMENT RULES, 2005 ANNEXURE A-4 TRUE COPY OF THE ORDER OF THE HONOURABLE SUPREME COURT OF INDIA DATED 4-11-2011 IN SLP NO.8575 OF 2012 ANNEXURE A-5 TRUE COPY OF THE ORDER DATED 16.11.2017 IN REVIEW PETITION NO. 2451/2017 OF THE HONOURABLE SUPREME COURT EXHIBIT P1 TRUE COPY OF THE TRANSFER APPLICATION NO. T.A.NO.47 OF 2008 EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT IN T.A.NO.47 OF 2008 EXHIBIT P3 TRUE COPY OF THE ORDER IN T.A. NO. 47 OF 2008 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL** OP(CAT) 20/2010 and connections. 14 ## **APPENDIX OF OP (CAT) 21/2010** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE TRANSFER APPLICATION NO.T.A. NO.48 OF 2008 EXHIBIT P2 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN T.A.NO.48 OF 2008 EXHIBIT P3 TRUE COPY OF THE ORDER IN T.A.NO.48 OF 2008 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.1405/2007 AND CIVIL APPEAL NO.427/2008** **RESPONDENT'S/S EXHIBITS: EXHIBIT-R2(a) TRUE COPY OF THE ORDER PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH DATED 4-7-1996 IN O.A NO.738/1995. EXHIBIT-R2(b) TRUE COPY OF THE ORDER ISSUED BY THE CHIEF GENERAL MANAGER, TELECOM (KERALA CIRCLE) DATED 5-8-1996.** OP(CAT) 20/2010 and connections. 15 ## **APPENDIX OF WP(C) 29029/2010** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPLICATION NO.T.A.NO.44 OF 2008 FILED BY THE RERSPONDENT. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT IN T.A.NO.44 OF 2008. EXHIBIT P3 TRUE COPY OF THE ORDER IN TA NO.44 OF 2008 OF THE CENTRAL ADMINISTRATIVE TRIBUNAL. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT IN CIVIL APPEAL NO.1405/2007 AND CIVIL APPEAL NO.427/2008.**