High Court of KeralaDivision BenchJudgment allowing petitions; Tribunal's order s...

O.P.(CAT).Nos.118/2023 & 141/2023 (BSNL vs Union of India and Others) High Court of Kerala

Case / Petition Number:O.P.(CAT).Nos.118/2023 & 141/2023

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A.MUHAMED MUSTAQUE
  • SHOBA ANNAMMA EAPEN
Judgment Date
2024-03-19
Court Decision / Holding
Impugned order of the Central Administrative Tribunal is set aside. The petitions are allowed. The competent authority is directed to decide (i) whether the employee was entitled for pay and allowances having regard to Annexure A18, and (ii) whether he is entitled to interest for delayed payment, after considering Annexure A18 and FR 54(1). The order to be passed within six weeks.
Final Disposition
Judgment allowing petitions; Tribunal's order set aside; remand to competent authority to decide pay and allowances and interest under FR 54(1) in light of Annex A18 within six weeks.

Parties to the Case

Appellants / Petitioners

  • BHARAT SANCHAR NIGAM LTD
  • CHIEF GENERAL MANAGER (TELECOM), KERALA CIRCLE
  • GENERAL MANAGER, TELECOM DISTRICT, BSNL Kollam
  • K T MURALEE MOHANAN NAIR

Respondents

  • UNION OF INDIA
  • BHARAT SANCHAR NIGAM LTD
  • CHIEF GENERAL MANAGER (TELECOM), KERALA CIRCLE
  • GENERAL MANAGER, TELECOM DISTRICT, BSNL, Kollam

Legal Representation & Advocates

Counsels for Petitioners

  • • GIRIJA K GOPAL
  • • K.N.VIGY
  • • M.R.RAJENDRAN NAIR (SR.)
  • • REKHA VASUDEVAN
  • • SOYA D.C
  • • MAHESH C.R.
  • • ELIZABETH V.JOSEPH
  • • ROJIT ZACHARIAH

Counsels for Respondents

  • • GIRIJA K GOPAL
  • • REKHA VASUDEVAN
  • • SOYA D.C
  • • MAHESH C.R.
  • • ELIZABETH V.JOSEPH
  • • ROJIT ZACHARIAH
  • • M.R.RAJENDRAN NAIR (SR.)

Case Synopsis & Summary

This is a consolidated challenge by BSNL and an individual BSNL employee under O.P.(CAT) Nos. 118/2023 and 141/2023, arising from a Central Administrative Tribunal order directing payment of full pay and allowances from the date of suspension until reinstatement following a CBI case. The factual sequence begins with suspension (22-06-2000) and removal (22-08-2003) in connection with a disproportionate assets case, followed by acquittal on 7-04-2011 and reinstatement in 2012, with a directive that the entire period of absence be treated as duty for all purposes. Annexure A18 (dated 03-10-2018) advised by the Government of India concluded that the suspension period should be treated as on-duty and that pay and allowances must be paid under FR 54-B(3); however, the competent authority’s order did not reference pay and allowances. The Tribunal subsequently directed arrears from 22-07-2000 to 07-08-2012. BSNL contends that back wages are not due where conviction precludes payment and that the VRS scheme does not bar independent claims. The Kerala High Court held that FR 54(1) governs pay and allowances on reinstatement and that the competent authority, not the Tribunal, must decide (i) entitlement to pay and allowances in light of Annex A18 and (ii) any interest for delay, directing the matter to be completed within six weeks. The judgment clarifies the limits of the Tribunal’s jurisdiction in these pay- and allowance-related issues.

Provisions of Law Cited

Fundamental Rules (FR) 54(1)FR 54(1)(a)FR 54(1)(b)FR 54-B(3) of Chapter VIII of the Fundamental Rules

Legal Doctrines & Maxims

  • An employee cannot claim pay and allowances as a matter of right on reinstatement
  • Competent/primary authority must exercise power under FR 54(1) and consider Annex A18
  • VRS Scheme does not automatically bar independent legal claims not covered by VRS

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that Annexure A18 clearly advised that the suspension period be treated as duty for all purposes and that pay and allowances must be paid under FR 54-B(3). They rely on FR 54(1) to argue that the competent authority must determine both the pay-and-allowances aspect and the treatment of the absence, including any interest for delayed payment. They emphasize that the Tribunal’s order in effect granted arrears spanning more than a decade without addressing the on-duty status and the primary authority’s duty to determine pay in light of Annex A18, thereby causing unnecessary litigation. The VRS scheme, enacted later, cannot nullify a live, independent claim arising from existing statutory rights and government advice. They pray for calculation of dues in line with Annex A18 and FR 54, and for interest if delayed.

Contentions of Respondents

The respondents argue that a convict is not entitled to back wages due to disability from service. They rely on established precedents, arguing that reinstatement does not automatically entitle back pay. They contend that Annex A18 advice cannot be ignored but maintain that the Tribunal’s direction bypassed the primary authority’s power. They assert that VRS and other schemes do not compel payment of full arrears and that any payment should be carefully calculated under FR 54(1) of the Fundamental Rules and the specific provisions governing on- and off-duty periods. They urge the Court to uphold the authority of FR 54(1) and direct the Tribunal’s order to be set aside and remanded for a proper decision by the competent authority taking Annex A18 into account.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Ronchhodji Chaturji Thakore v. Superintending Engineer, Gujarat Electricity Board and Anr.(1996) 11 SCC 603Mentioned OnlyCited by respondents; the court noted those judgments had not addressed the impact of FR 54(1) and were not applicable here.
Union of India and Ors. v. Jaipal Singh(2004) 1 SCC 121Mentioned OnlyMentioned in argument; not applied due to FR 54(1) considerations.
Baldev Singh v. Union of India and Others(2005) 8 SCC 747Mentioned OnlyCited by respondents; court treated them as not applicable for FR 54(1) impact.
Raj Narain v. Union of India(2019) 5 SCC 809Mentioned OnlyMentioned; court found no application owing to FR 54(1) impact.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:1:-`** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` **==> picture [8 x 8] intentionally omitted <==** ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` TUESDAY, THE 19[TH] DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 ``` ``` OP (CAT) NO. 118OF 2023 ``` ``` AGAINST THE ORDER DATED 08.03.2023 IN OA NO.2 OF 2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH ``` ## **`PETITIONER/S:`** - **`1 BHARATH SANCHAR NIGAM LTD, REPRESENTED BY MANAGING DIRECTOR, H.C.MATHUR LANE, GANPATH, NEW DELHI, PIN - 110001`** - **`2 CHIEF GENERAL MANAGER (TELECOM), KERALA CIRCLE, THIRUVANANTHAPURAM, HR III SECTION, 2ND FLOOR, DOOR SANCHAR BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 695033`** - **`3 GENERAL MANAGER, TELECOM DISTRICT,BSNL BHAVAN, VELLAYITTAMBALAM, KOLLAM, PIN - 695001 BY ADVS. GIRIJA K GOPAL K.N.VIGY`** ``` O.P.(CAT).Nos.118/2023 & 141/2023 ``` ## **`-:2:-`** ## **`RESPONDENT/S:`** ``` 1K .T .MURALEE MOHANAN NAIR, AGED 51 YEARS S/O LATE P THANKAPPAN NAIR, SARATH GARDENS, PADA NORTH, KARUNAGAPPILLY, KOLLAM DISTRICT-690518 FROM ERLY WORKING AS JUNIOR TELECOM OFFICER, OFFICE OF SDE SWITCHING INSTALLATION B S N L, KADAPPAKKADA, NEAR BSNL QUARTERS, KOLLAM, PIN - 695001 ``` ``` 2UNION OF INDIA, AGED 51 YEARS REPRESENTED BY THE SECRETARY MINISTRY OF COMMUNICATION & INFORMATION TECHNOLOGY DEPARTMENT OF TELECOMMUNICATION,NEW DELHI, PIN - 110001 BY ADVS. REKHA VASUDEVAN SOYA D.C MAHESH C.R. ELIZABETH V.JOSEPH ROJIT ZACHARIAH M.R.RAJENDRAN NAIR (SR.) ``` ``` THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 14.03.2024, ``` ``` ALONG WITH OP (CAT).141/2023, THE COURT ON 19/3/2024 DELIVERED THE FOLLOWING: ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:3:-`** I **`N THE HIGH COURT OF KERALA AT ERNAKULAM`** ``` PRESENT ``` ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN ``` ``` TUESDAY, THE 19[TH] DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 ``` ``` OP (CAT) NO. 141 OF 2023 ``` ``` AGAINST THE ORDER DATED 21.11.2022 IN OA NO.2 OF 2014 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH ``` ## **`PETITIONER/S:`** ``` K T MURALEE MOHANAN NAIR, AGED 51 YEARS SON OF THE LATE P THANKAPPAN NAIR, SARATH GARDENS, PADA NORTH, KARUNAGAPPALLY- 690 518, KOLLAM DISTRICT, NOW WORKING AS JUNIOR TELECOM OFFICER, OFFICE OF SDE SWITCHING INSTALLATION, BSNL, KADAPPAKKAD, NEAR BSNL QUARTERS, KOLLAM, PIN - 695001 BY ADVS. ``` ``` Sr.Adv.Shri M.R.RAJENDRAN NAIR REKHA VASUDEVAN SOYA D.C MAHESH C.R. ELIZABETH V.JOSEPH ROJIT ZACHARIAH ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:4:-`** ## **`RESPONDENT/S:`** - **`1 UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF COMMUNICATIONS & INFORMATION TECHNOLOGY, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI, PIN - 110066`** - **`2 BHARAT SANCHAR NIGAM LTD, REPRESENTED BY ITS MANAGING DIRECTOR, BHARATH SANCHAR NIGAM LTD., H C MATHUR LANE, GANPATH, NEW DELHI, PIN - 110001`** - **`3 CHIEF GENERAL MANAGER (TELECOM), KERALA CIRCLE, THIRUVANANTHAPURAM, HR III SECTION, 2ND FLOOR, DOOR SANCHAR BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 659033`** - **`4 GENERAL MANAGER, TELECOM DISTRICT, BSNL BHAVAN, VELLAYITTAMBALAM, KOLLAM, PIN - 695001 BY ADV GIRIJA K GOPAL`** ``` THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 14.03.2024, ``` ``` ALONG WITH OP (CAT).118/2023, THE COURT ON 19/3/2024 DELIVERED THE FOLLOWING: ``` ``` O.P.(CAT).Nos.118/2023 & 141/2023 ``` ``` -:5:- ``` ``` A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ. ``` ``` ------------------------------------------------ ``` ``` O.P.(CAT).Nos.118/2023 & 141/2023 “C.R.” ``` ``` ------------------------------------------------ ``` ``` Dated this the 19[th] day of March, 2024 ``` **==> picture [115 x 9] intentionally omitted <==** ## **`A.Muhamed Mustaque, J.`** ``` This is a dispute between a Bharat Sanchar Nigam Limited (BSNL), the employer and its employee based on suspension and removal from service. ``` ``` 2. These matters are arising from an order passed by the Central Administrative Tribunal. The matter is related to payment of full pay and allowances from the period of suspension till reinstatement. The following date of events and lists are reproduced for easy understanding; ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:6:-`** ||| |---|---| |`Dates`|`Events`| |`22/6/2000`<br>`To`<br>`21/8/2003`|`The employee was placed under suspension on`<br>`being arrayed as an accused in a CBI Case`<br>`disproportionate assets.`| |`22/8/2003`|`The employee was "removed from a Service"`<br>`on being convicted in the CBI Case.`| |`7/4/2011`|`This Court allowed the Crl. Appeals filed`<br>`by the employee against his conviction and`<br>`acquitted him.`| |`9/2/2012`|`The Member (Services) issued the order`<br>`reinstating the employee in service and to`<br>`treat the entire period of absence from the`<br>`date of his removal from service to the`<br>`date of his reinstatement/joining duty, to`<br>`be treated as duty for all purposes.`| |`7/8/2012`|`The employee was reinstated in service as`<br>`Junior Telecom Officer.`| ``` 3. As seen from Annexure A1, the competent authority-the Member (Services), Telecom Commission, ordered reinstatement as per the proceedings dated 9/2/2012 without any reference to pay and allowances. It is specifically ordered that the entire absence from duty from the date of his removal from service to the date of ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:7:-`** ``` his reinstatement shall be treated as duty for all purposes. Apparently noting that there was no reference to the pay and allowances, BSNL authority moved the Government of India for advise. They gave advise vide proceedings dated 3/10/2018, produced as Annexure A18 in O.P.(CAT).No.141/2023 to the effect that the suspension period of the petitioner would be treated as period spent on duty for all purposes and payment of full pay and allowances under the provisions of F.R. 54-B(3) of Chapter VIII of the Fundamental Rules. Since the employee was not given the benefit of Annexure A18 advise, he approached the Tribunal. The Tribunal allowed the claim of the employee and directed BSNL to pay the entire arrears of pay and allowances from 22/7/2000 to 7/8/2012 from the date of suspension till the date of reinstatement. ``` ``` 4. BSNL questioned this order in their original petition filed by them. The employee also questioned this order as he was not given any interest on delayed payment. ``` ``` 5. We heard the learned Standing Counsel for BSNL and the learned Senior Counsel for the employee. ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:8:-`** ``` 6. An objection at the outset was raised by the learned Standing Counsel for BSNL based on the VRS benefit obtained by the employee. It is submitted that based on the VRS Scheme, the employee had no other further claim and therefore, it is submitted that the employee is precluded from raising any further claim. We find this argument though attractive but untenable. The VRS Scheme was floated only in the year 2019. The original application was filed by the employee in the year 2014. There was no condition in the VRS Scheme to forego all claims based on the pending litigation. This is not mentioned in VRS Scheme. Therefore, the general condition that the employee in full and final settlement of all claims accepted VRS, will not stand in the way of pursuing judicial remedy of an existing independent claim not covered under VRS Scheme in accordance with law. ``` ``` 7. In regard to the claim for pay and allowances, the learned Standing Counsel for BSNL placed reliance on various precedents of this Court and argued that the employee who was convicted is not entitled for backwages as he was disabled from ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:9:-`** ``` rendering service on account of conviction. Following are precedents relied on by the learned Standing Counsel: ``` ``` Ronchhodji Chaturji Thakore v. Superintending Engineer, Gujarat Electricity Board and Anr. [(1996) 11 SCC 603]; ``` ``` Union of India and Ors. V. Jaipal Singh [(2004) 1 SCC 121]; ``` ``` Baldev Singh v. Union of India and Others (2005) 8 SCC 747; and ``` ``` Raj Narain v. Union of India (2019) 5 SCC 809. ``` ``` We have gone through the judgment relied on by the learned Standing Counsel. We find that the above proposition of law has no application in the matter as the judgments as above had not adverted to the impact of F.R.54(1). There is no dispute that F.R.54(1) would apply in the matter. It is appropriate to reproduce F.R. 54(1); ``` ``` F.R. 54(1) When a Government servant who has been dismissed, removed or compulsorily retired is reinstated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation while under suspension or not, the authority competent to order reinstatement shall consider and make a specific order- ``` ``` (a) regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty including the period of ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:10:-`** ``` suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and ``` - `(b) whether or not the said period shall be treated as a period spent on duty.` ``` 8. In the light of Fundamental Rules as above, it is imperative on a competent authority to pass order with reference to both limbs (a) and (b) as referred in F.R.54(1). It is possible to reject claim for pay and allowances on any valid reasons including reasons that he is not entitled for backwages consequent upon conviction and incarceration in the jail. As a matter of right, on reinstatement, an employee cannot demand pay and allowances. However, it cannot be denied outright without an application of mind. All relevant facts will have to be addressed by the competent authority. In this case, for the reason that the competent authority had only adverted to F.R. 54(1)(b), it resulted in unnecessary litigation. In this regard, the competent authority having approached the Government for advise, and advise was given as per Annexure A18, that also had to be adverted while passing such an order. The Tribunal will not be justified in passing order ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:11:-`** ``` without primary authority exercising its power and authority to decide such questions. ``` ``` 9. We in such circumstances are of the view that the Tribunal erred by passing an order that ought to have been passed by the primary authority. We, therefore, allow both the original petitions and direct the competent authority to decide the following: ``` ``` i. Whether the employee was entitled for pay and allowances having regard to the facts and circumstances of the case and in the light of Annexure A18 advise given by the Government of India; ``` ``` ii. If so, whether he is entitled for interest for delayed payment. ``` ``` Accordingly, impugned order is set aside. Needful shall be done within six weeks. Sd/- ``` ## **`A.MUHAMED MUSTAQUE, JUDGE/-`** **==> picture [317 x 10] intentionally omitted <==** ## **`SHOBA ANNAMMA EAPEN, JUDGE`** ``` ms ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:12:-`** ## **`APPENDIX OF OP (CAT) 141/2023`** |**`PETITIONER ANNEXURES`**|| |---|---| |**`Annexure A1`**|**`TRUE COPY OF THE ORDER OF GOVERNMENT OF`**| ||**`INDIA, MINISTRY OF COMMUNICATIONS AND`**| ||**`INFORMATION TECHNOLOGY, DEPARTMENT OF`**| ||**`TELECOMMUNICATIONS, SANCHAR BHAVAN, 20 ASOKA`**| ||**`ROAD, NEW DELHI-110001 DATED 9.2.2012`**| |**`Annexure A2`**|**`TRUE COPY OF THE ORDER NO.Q-117/JTO/2012-`**| ||**`13/19 DATED 7.8.2012 BY THE DEPUTY GENERAL`**| ||**`MANGER OF GMTD, BSNL, KOLLAM REINSTATING AND`**| ||**`POSTING APPLICANT AS JTO UNDER SDE`**| ||**`(INSTALLATION), KOLLAM`**| |**`Annexure A3`**|**`TRUE COPY OF ORDER NO.STD/3-GO/97-98/I/95`**| ||**`DATED 05.06.1998 SHOWING REVERSION AND`**| ||**`POSTING OF OFFICAITING SDE AND GIVING`**| ||**`ADDITIONAL CHARGE OF SDE`**| |**`Annexure 4`**|**`TRUE COPY OF THE ORDER FROM THE OFFICE OF`**| ||**`THE CHEIF GENERAL MANAGER TELECOMMUNICATION`**| ||**`DATED 22.10.1998 SHOWING PROMOTION AND`**| ||**`POSTING IN TES GROUP -B`**| |**`Annexure A5`**|**`TRUE COPY OF THE REQUEST FOR PROMOTION OF`**| ||**`APPLICANT WITH LETTER NO. EIV/DE IDT/12-13/6`**| ||**`DATED 20.9.2012 SEND BY THE DIVISIONAL`**| ||**`ENGINEER, TRANSMISSION INSTALLATION.`**| |**`Annexure A6`**|**`TRUE COPY OF THE REQUEST SUMMITTED BY THE`**| ||**`APPLICANT TO THE MEMBER [SERVICE ] TELECOM`**| ||**`COMMISSION, NEW DELHI DATED 27..12.2012 FOR`**| ||**`THE PROMOTION, PENDING SALARY AND GRADE`**| ||**`FIXATION`**| |**`Annexure A7`**|**`TRUE COPY OF THE REQUEST FOR REGULAR`**| ||**`PROMOTION WITH LETTER NO. HR-III/JTO-`**| ||**`GC/2011/KTMM NAIR /47 DATED 2..9..2013 BY`**| ||**`THE ASSISTANT GENERAL MANAGER [ H R ],`**| ||**`THIRUVANANTHAPURAM FORWARDING THE`**| ||**`REPRESENTATION SUBMITTED BY THE APPLICANT`**| |**`Annexure A8`**|**`TRUE COPY OF THE REQUEST SUBMITTED BY THE`**| ||**`APPLICANT DATED 30..10..2013 TO THE`**| ||**`DIRECTOR, HR, BSNL, CORPORATE OFFICE, NEW`**| ||**`DELHI REQUESTING FOR PROMOTION TO THE CADRE`**| ||**`OF SDE/DE`**| ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:13:-`** - **`Annexure A9 TRUE COPY OF THE REQUEST SUBMITTED BY THE APPLICANT TO THE CHIEF GENERAL MANAGER, KERALA TELECOM CIRCLE, THIRUVANANTHAPURAM 79 DATED 1..8..2013 REQUESTING TIME BOUND UPGRADATION`** - **`Annexure A10 TRUE COPY OF THE PAY FIXATION MEMO FROM OFFICE OF THE GENERAL MANAGER, TELECOM, KOLLAM DATED 29..7..2013`** - **`Annexure A11 TRUE COPY OF THE PAY FIXATION MEMO FROM THE OFFICE OF THE GENERAL MANAGER, TELECOM DISTRICT KOLLAM DATED 23.9.2013 FOR THE PAY FIXATION ON CONSEQUENT OF REVISION OF IDA PAY SCALE EFFECTIVE FROM 1..1..2007`** ``` Annexure A12TRUE COPY OF THE REQUEST SUBMITTED BY THE APPLICANT TO THE GENERAL MANAGER TELECOM, TELECOM DISTRICT, KOLLAM DATED 1..8..2013 REQUESTING FOR THE PAY ARREARS Annexure A13TRUE COPY THE ORDER NO. E - 63/JTOS/37 DATED 28..4..1990 FROM THE OFFICE OF THE TELECOM DISTRICT MANAGER, KOLLAM STATING THE CONFIRMATION OF OFFICIAL INCLUDING APPLICANT IN THE CADRE OF JTO Annexure A14TRUE COPY OF THE ORDER NO. ST7/TFR/VI/89 DATED 29..5..1984 FROM THE OFFICE OF THE DISTRICT MANAGER TELECOM, THIRUVANANTHAPURAM SHOWING TRANSFER AND POSTING OF THE APPLICANT AND OTHERS IN THE CADRE OF JUNIOR ENGINEERS. Annexure MA1TRUE COPY OF THE ORDER DATED 07..04..2011 IN CRL.A NO. 1225 OF 2002 BY THE HON'BLE HIGH COURT OF KERALA Annexure MA2TRUE COPY OF THE ORDER DATED 24..5..2011 IN CRL. A NO. 2070 OF 2003 BY THE HON'BLE HIGH COURT OF KERALA Annexure R3(a)TRUE COPY OF ORDER NO. 8-64/2003-VIG-II DATED 22/8/2003 OF THE 1ST RESPONDENT Annexure R3(b)TRUE COPY OF LETTER NO. HR-III/JTO- GC/2011/KTMM NAIR/11 DATED 19/3/2012 OF THE 3RD RESPONDENT Annexure R3(c)TRUE COPY OF THE ORDER DATED 26.7.2012 OF THE 2ND RESPONDENT ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:14:-`** ``` Annexure R3(d)TRUE COPY OF THE LETTER NO. 5-19/2012/PERS- IV DATED 26/7/2012 OF THE DEPARTMENT OF TELECOMMUNICATION Annexure R3(e)TRUE COPY OF THE LETTER DATED 9.8.2012 OF THE 1ST RESPONDENT Annexure R3(f)TRUE COPY OF THE LETTER DATED 11..4..2013 OF THE 1ST RESPONDENT Annexure R3(g)TRUE COPY OF THE LETTER ADDRESSED TO THE 3RD RESPONDENT FROM THE 2ND RESPONDENT NO. 5- 19/2013/PERS-IV DATED 25..4..2013 Annexure R3(h)TRUE COPY OF THE ORDER NO.271/DIR(ESTT)/DOT/KRL/2009/45 DATED 24..6..2013 OF THE 1ST RESPONDENT Annexure R3(i)TRUE COPY OF THE LETTER DATED 22..5..2014 OF THE 1ST RESPONDENT Annexure RA1TRUE COPY OF THE ORDER DATED 28.7.2016 IN O.A. 180/00002/2014 OF THIS HONOURABLE TRIBUNAL Annexure A15TRUE COPY OF THE OFFICE ORDER NO. 51- 16/2013-PERS [ DPC ] / 17DATED 15..10..2014 ISSUED BY THE ASSISTANT GENERAL MANAGER [DPC ] Annexure A16TRUE COPY OF THE ORDER NO. 412-16/2014-PERS- I DATED 9..10..2015 ISSUED BY THE DGM Annexure A17TRUE COPY OF THE FILE NOTING AVAILED UNDER THE RIGHT TO INFORMATION ACT AS PER LETTER NO. ES/98-13/RTI/CO/2016-17/XI/43 DATED 18..11..2017 ISSUED BY THE GM [ HR/ADMN ] & CPIO ALONG WITH TYPED COPY Annexure A18TRUE COPY OF THE ORDER NO.9-33/98- VIG.I[I.N98/3] DATED 03..10..2018 ISSUED BY THE VIGILANCE I SECTION OF THE 1ST RESPONDENT ALONG WITH THE FORWARDING LETTER NO. VIG/INV/ALP/2016-18/34 DATED 09..10..2018 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT Annexure A19TRUE COPY OF THE LETTER NO. CPIO/BSNL-ALP/2- 17-18/99 DATED 9..11..2018 ISSUED FROM THE OFFICE OF THE GENERAL MANAGER TELECOM, ALAPPUZHA ALONG WITH THE ENCLOSURES THEREOF Annexure A20TRUE COPY OF THE APPLICATION DATED 17..06..2019 SUBMITTED BY THE APPLICANT TO THE CPIO OFFICE OF THE GM TD KOLLAM ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:15:-`** ``` Annexure A21TRUE COPY OF THE LETTER NO. CPIO/KLM/RTI ACT /2019/18 DATED 09..07..2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Annexure A22TRUE COPY OF THE REPRESENTATION DATED 01..08..2013 SUBMITTED BY THE APPLICANT TO THE 4TH RESPONDENT ALONG WITH TYPED COPY Annexure A23TRUE COPY OF THE APPLICATION DATED 19..06..2019 SUBMITTED BY THE 224 APPLICANT TO THE APIO IN THE OFFICE OF THE AGM [ADM ] Annexure A24TRUE COPY OF THE LETTER NO. CPIO/KLM/RTI ACT / 2019/21 DATED 9..7..2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT Annexure A25TRUE COPY OF THE FORWARDING LETTER DATED NIL ADDRESSED BY THE SDE [ INSTALLATION ] TO THE AGM [ ADM ] OFFICE OF THE GMTD KOLLAM Annexure A26TRUE COPY OF THE LETTER NO. Q-7117/II/2 DATED 09.04.2015 ISSUED BY THE 4TH RESPONDENT [ ALONG WITH TYPED COPY ] Annexure A27TRUE COPY OF THE ORGANIZATIONAL CHART AS DOWNLOADED FROM THE WEBSITE OF THE DEPARTMENT OF TELCOM Annexure A28TRUE COPY OF THE RELEVANT PAGES OF PASSPORT OF THE APPLICANT Annexure A29TRUE COPY OF THE PASSPORT OF THE APPLICANT Annexure A30TRUE COPY OF THE PAY FIXATION MEMO NO. Q - 117/38 DATED 29..07..2013 ISSUED BY THE ACCOUNTS OFFICER Exhibit P1TRUE COPY OF THE ORIGINAL APPLICATION (O A NO. 180/00002/2014) AS FILED ON THE FILES OF THE HONOURABLE TRIBUNAL. Exhibit P2TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR ACCEPTANCE OF DOCUMENTS FILED IN O A NO. 180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P3TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN O ANO. 180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P4TRUE COPY OF THE ORDER DATED 28.07.2016 IN O A NO. 180/00002/2014 OF THE HONOURABLE TRIBUNAL Exhibit P5TRUE COPY OF THE RA NO. 180/00046/2018 IN O A NO. 180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:16:-`** ``` Exhibit P6TRUE COPY OF THE M A TO CONDONE THE DELAY IN FILING THE REVIEW APPLICATION FILED BY THE PETITIONER ON THE FILES OF THE HONOURABLE TRIBUNAL ``` ``` Exhibit P7TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR PERMISSION TO ENGAGE NEW COUNSEL FILED BY THE PETITIONER ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P8TRUE COPY OF THE ORDER DATED 26.10.2018 IN RA NO. 180/00046/2018 IN O ANO. 180/00002/2014 OF THE HONOURABLE TRIBUNAL Exhibit P9TRUE COPY OF THE STATEMENT DATED 27.11.2018 FILED BY THE PETITIONER ON THE FILES OF THE HONOURABLE TRIBUNAL IN O A NO. 180/00002/2014 Exhibit P10TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS IN O A NO. 180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P11TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN O ANO 180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P12TRUE COPY OF THE 2ND ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS IN OA NO. 180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P13TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE PETITIONER IN O A NO. 180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P14TRUE COPY OF THE M.A NO. 493 OF 2022 IN OA NO.180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P15TRUE COPY OF THE M A TO ACCEPT DOCUMENT FILED IN O A NO. 180/00002/2014 ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P16TRUE COPY OF THE ORDER DATED 21.11.2022 IN O A NO. 180/00002/2014 OF THE HONOURABLE TRIBUNAL Exhibit P17TRUE COPY OF THE REVIEW APPLICATION (R A NO. 180/1/2023) ON THE FILES OF THE HONOURABLE TRIBUNAL Exhibit P18TRUE COPY OF THE ORDER DATED 08.03.2023 IN RA NO. 180/00001/2023 IN O A NO. 180/00002/2014 OF THE HONOURABLE TRIBUNAL ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:17:-`** ``` Exhibit P19TRUE COPY OF THE ORDER DATED 21.11.2022 IN O A NO. 180/00002/2014 OF THE HONOURABLE TRIBUNAL ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:18:-`** ## **`APPENDIX OF OP (CAT) 118/2023`** |**`PETITIONER ANNEXURES`**|| |---|---| |**`Annexure A 1`**|**`A TRUE COPY OF THE ORDER OF GOVERNMENT OF`**| ||**`INDIA, MINISTRY OF COMMUNICATIONS AND`**| ||**`INFORMATION TECHNOLOGY, DEPARTMENT OF`**| ||**`TELECOMMUNICATIONS, SANCHAR BHAVAN, 20 ASOKA`**| ||**`RAOD, NEW DELHI - 110001 DATED 9..2..2012`**| ||**`REINSTATING THE APPLICANT IN SERVICE`**| |**`Annexure A 2`**|**`A TRUE COPY OF THE ORDER NO.Q-117/JTO/2012-`**| ||**`13/19 DATED 7..8..2012 BY THE DEPUTY GENERAL`**| ||**`MANAGER OF GMTD, BSNL, KOLLAM REINSTATING`**| ||**`AND POSTING APPLICANT AS JTO UNDER SDE (`**| ||**`INSTALLATION ), KOLLAM`**| |**`Annexure A 3`**|**`A TRUE COPY THE ORDER NO. STD/3- GO/97-`**| ||**`98/I/95 DATED 05.06.1998 SHOWING REVERSION`**| ||**`AND POSTING OF OFFICIATING SDE AND GIVING`**| ||**`ADDITIONAL CHARGE OF SDE`**| |**`Annexure A 4`**|**`A TRUE COPY OF THE ORDER FROM THE OFFICE OF`**| ||**`THE CHIEF GENERAL MANAGER TELECOMMUNICATION`**| ||**`DATED 22.10.1998 SHOWING PROMOTION AND`**| ||**`POSTING IN TES GROUP - B.`**| |**`Annexure A 5`**|**`A TRUE COPY OF THE REQUEST FOR PROMOTION OF`**| ||**`APPLICANT WITH LETTER NO. EIV/DE IDT/12-13/6`**| ||**`DATED 20..9..2012 SEND BY THE DIVISIONAL`**| ||**`ENGINEER, TRANSMISSION INSTALLATION.`**| |**`Annexure A 6`**|**`A TRUE COPY OF THE REQUEST SUMMITTED BY THE`**| ||**`APPLICANT TO THE MEMBER [SERVICE ] TELECOM`**| ||**`COMMISSION, NEW DELHI DATED 27..12.2012 FOR`**| ||**`THE PROMOTION, PENDING SALARY AND GRADE`**| ||**`FIXATION.`**| |**`Annexure A 7`**|**`A TRUE COPY OF THE REQUEST FOR REGULAR`**| ||**`PROMOTION WITH LETTER NO. HR-III/JTO-`**| ||**`GC/2011/KTMM NAIR /47 DATED 2..9..2013 BY`**| ||**`THE ASSISTANT GENERAL MANAGER [ H R ],`**| ||**`THIRUVANANTHAPURAM FORWARDING THE`**| ||**`REPRESENTATION SUBMITTED BY THE APPLICANT`**| |**`Annexure A 8`**|**`A TRUE COPY OF THE REQUEST SUBMITTED BY THE`**| ||**`APPLICANT DATED 30..10..2013 TO THE`**| ||**`DIRECTOR, HR, BSNL, CORPORATE OFFICE, NEW`**| ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:19:-`** ``` DELHI REQUESTING FOR PROMOTION TO THE CADRE OF SDE/DE ``` - **`Annexure A 9 A TRUE COPY OF THE REQUEST SUBMITTED BY THE APPLICANT TO THE CHIEF GENERAL MANAGER, KERALA TELECOM CIRCLE, THIRUVANANTHAPURAM DATED 1..8..2013 REQUESTING TIME BOUND UPGRADATION`** - **`Annexure A 10 A TRUE COPY OF THE PAY FIXATION MEMO FROM OFFICE OF THE GENERAL MANAGER, TELECOM, KOLLAM DATED 29..7..2013`** - **`Annexure A 11 A TRUE COPY OF THE PAY FIXATION MEMO FROM THE OFFICE OF THE GENERAL MANAGER, TELECOM DISTRICT KOLLAM DATED 23.9.2013 FOR THE PAY FIXATION ON CONSEQUENT OF REVISION OF IDA PAY SCALE EFFECTIVE FROM 1..1..2007`** - **`Annexure A 12 A TRUE COPY OF THE REQUEST SUBMITTED BY THE APPLICANT TO THE GENERAL MANAGER TELECOM, TELECOM DISTRICT, KOLLAM DATED 1..8..2013 REQUESTING FOR THE PAY ARREARS`** - **`Annexure A 13 A TRUE COPY THE ORDER NO. E - 63/JTOS/37 DATED 28..4..1990 FROM THE OFFICE OF THE TELECOM DISTRICT MANAGER, KOLLAM STATING THE CONFIRMATION OF OFFICIAL INCLUDING APPLICANT IN THE CADRE OF JTO`** - **`Annexure A 14 A TRUE COPY OF THE ORDER NO. ST7/TFR/VI/89 DATED 29..5..1984 FROM THE OFFICE OF THE DISTRICT MANAGER TELECOM, THIRUVANANTHAPURAM SHOWING TRANSFER AND POSTING OF THE APPLICANT AND OTHERS IN THE CADRE OF JUNIOR ENGINEERS`** - **`Annexure M A 1 A TRUE COPY OF THE ORDER DATED 07..04..2011 IN CRL.A NO. 1225 OF 2002 BY THE HON'BLE HIGH COURT OF KERALA`** - **`Annexure M A 2 A TRUE COPY OF THE ORDER DATED 24..5..2011 IN CRL. A NO. 2070 OF 2003 BY THE HON'BLE HIGH COURT OF KERALA`** - **`Annexure R 3 [ a ] A TRUE COPY OF ORDER NO. 8-64/2003-VIG-II DATED 22/8/2003 OF THE 1ST RESPONDENT`** - **`Annexure R 3 [ b ] A TRUE COPY OF LETTER NO. HR-III/JTOGC/2011/KTMM NAIR/11 DATED 19/3/2012 OF THE 3RD RESPONDENT`** ``` Annexure R 3 [ c ]A TRUE COPY OF THE ORDER DATED 26.7.2012 OF THE 2ND RESPONDENT ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:20:-`** ``` Annexure R 3 [ d ]A TRUE COPY OF THE LETTER NO. 5- 19/2012/PERS-IV DATED 26/7/2012 OF THE DEPARTMENT OF TELECOMMUNICATION Annexure R 3 [ e ]A TRUE COPY OF THE LETTER DATED 9.8.2012 OF THE 1ST RESPONDENT ``` ``` Annexure R 3 [ f ]A TRUE COPY OF THE LETTER DATED 11..4..2013 OF THE 1ST RESPONDENT Annexure R 3 [ g ]A TRUE COPY OF THE LETTER ADDRESSED TO THE 3RD RESPONDENT FROM THE 2ND RESPONDENT NO. 5-19/2013/PERS-IV DATED 25..4..2013 Annexure R 3 [ h ]A TRUE COPY OF THE ORDER NO.27- 1/DIR(ESTT)/DOT/KRL/2009/45 DATED 24..6..2013 OF THE 1ST RESPONDENT Annexure R 3 [ i ]A TRUE COPY OF THE LETTER DATED 22..5..2014 OF THE 1ST RESPONDENT Annexure RA 1A TRUE COPY OF THE ORDER DATED 28..7..2016 IN O.A. 180/00002/2014 OF THIS HONOURABLE TRIBUNAL ``` ``` Annexure A 15A TRUE COPY OF THE OFFICE ORDER NO. 51- 16/2013-PERS [ DPC ] / 17 DATED 15..10..2014 ISSUED BY THE ASSISTANT GENERAL MANAGER [DP C ] Annexure A 16A TRUE COPY OF THE ORDER NO. 412-16/2014- PERS-I DATED 9..10..2015 ISSUED BY THE DGM Annexure A 17A TRUE COPY OF THE FILE NOTING AVAILED UNDER THE RIGHT TO INFORMATION ACT AS PER LETTER NO. ES/98-13/RTI/CO/2016-17/XI/43 DATED 18..11..2017 ISSUED BY THE GM [ HR/ADMN ] & CPIO ALONG WITH TYPED COPY Annexure A 18A TRUE COPY OF THE ORDER NO.9-33/98- VIG.I[I.N98/3] DATED 03..10..2018 ISSUED BY THE VIGILANCE I SECTION OF THE 1ST RESPONDENT ALONG WITH THE FORWARDING LETTER NO. VIG/INV/ALP/2016-18/34 DATED ``` ``` 09..10..2018 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT ``` ``` Annexure A 19A TRUE COPY OF THE LETTER NO. CPIO/BSNL- ALP/2-17-18/99 DATED 9..11..2018 ISSUED FROM THE OFFICE OF THE GENERAL MANAGER TELECOM, ALAPPUZHA ALONG WITH THE ENCLOSURES THEREOF Annexure A 20A TRUE COPY OF THE APPLICATION DATED 17..06..2019 SUBMITTED BY THE APPLICANT TO THE CPIO OFFICE OF THE GM TD KOLLAM ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:21:-`** ``` Annexure A 21A TRUE COPY OF THE LETTER NO. CPIO/KLM/RTI ACT /2019/18 DATED 09..07..2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT ``` ``` Annexure A 22A TRUE COPY OF THE REPRESENTATION DATED 01..08..2013 SUBMITTED BY THE APPLICANT TO THE 4TH RESPONDENT ALONG WITH TYPED COPY Annexure A 23A TRUE COPY OF THE APPLICATION DATED 19..06..2019 SUBMITTED BY THE APPLICANT TO THE APIO IN THE OFFICE OF THE AGM [ADM ] Annexure A 24A TRUE COPY OF THE LETTER NO. CPIO/KLM/RTI ACT / 2019/21 DATED 9..7..2019 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT ``` ``` Annexure A 25A TRUE COPY OF THE FORWARDING LETTER DATED NIL ADDRESSED BY THE SDE [ INSTALLATION ] TO THE AGM [ ADM ] OFFICE OF THE GMTD KOLLAM Annexure A 26A TRUE COPY OF THE LETTER NO. Q-7117/II/2 DATED 09..04..2015 ISSUED BY THE 4TH RESPONDENT [ ALONG WITH TYPED COPY ] Annexure A 27A TRUE COPY OF THE ORGANIZATIONAL CHART AS DOWNLOADED FROM THE WEBSITE OF THE DEPARTMENT OF TELCOM Annexure A 28A TRUE COPY OF THE RELEVANT PAGES OF PASSPORT OF THE APPLICANT Annexure A 29A TRUE COPY OF THE PASSPORT OF THE APPLICANT Annexure A 30A TRUE COPY OF THE PAY FIXATION MEMO NO. Q - 117/38 DATED 29..07..2013 ISSUED BY THE ACCOUNTS OFFICER Annexure R A 1A TRUE COPY OF THE ORDER DATED 21..11.2022 IN O.A NO. 2/2014 Exhibit P1A TRUE COPY OF THE ORIGINAL APPLICATION NO 180/00002 OF 2014 FILED BY THE 1ST RESPONDENT Exhibit P 2A TRUE COPY OF THE MISCELLANEOUS APPLICATION FILED TO ACCEPT THE DOCUMENT Exhibit P 3A TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENT 2 TO 4 Exhibit P 4A TRUE COPY OF THE ORDER DATED 28..7..2016 IN O.A. NO. 180/00002/2014 Exhibit P 5A TRUE COPY OF THE REVIEW APPLICATION DATED 2..9..2018 Exhibit P 6MISCELLANEOUS APPLICATION TO CONDONE THE DELAY IN FILING THE REVIEW APPLICATION ``` ``` O.P.(CAT).Nos.118/2023 & 141/2023 ``` ## **`-:22:-`** ``` Exhibit P 7 ``` ``` Exhibit P 8 ``` ``` MISCELLANEOUS APPLICATION FOR PERMISSION TO ENGANGE NEW COUNSEL ``` ``` A TRUE COPY OF THE ORDER DATED 26..10..2018 IN R.A. NO. 180/00046/2018 IN O.A. NO. 2/2014 ``` ``` Exhibit P 9A TRUE COPY OF THE STATEMENT FILED BY THE APPLICANT DATED 27..11..2018 ``` ``` Exhibit P 10 ``` ``` Exhibit P 11 ``` ``` Exhibit P 12 ``` ``` REPLY STATEMENT SUBMITTED BY RESPONDENTS 2 TO 4 TO THE STATEMENT DATED 27..11.2018 FILED BY THE APPLICANT ``` ``` A TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT DATED 17..8.2020 ``` ``` A TRUE COPY OF THE 2ND ADDITIONAL REPLY STATEMENT FILED BY THE RESPONDENTS 2 TO 4 DATED 12..3..2021 ``` ``` Exhibit P 13A TRUE COPY OF THE ADDITIONAL REJOINDER FILED BY THE APPLICANT TO THE 2ND ADDITIONAL REPLY STATEMENT FILED BY RESPONDENT 2 TO 4 ``` ``` Exhibit P 14 ``` ``` A TRUE COPY OF THE MISCELLANEOUS APPLICATION NO. 493 OF 2022 FOR DIRECTION DATED 13..6..2022 ``` ``` Exhibit P 15A TRUE COPY OF THE MISCELLANEOUS APPLICATION FOR ACCEPTING ADDITIONAL DOCUMENT ``` ``` Exhibit P 16 ``` ``` Exhibit P 17 ``` ``` Exhibit P 18 ``` ``` Exhibit P 19 ``` ``` RESPONDENT EXHIBITS Exhibit R1(a) ``` ``` PETITIONER EXHIBITS Exhibit P 20 ``` ``` A TRUE COPY OF THE ORDER DATED 21..11..2022 IN O.A. NO. 180/00002/2014 ``` ``` A TRUE COPY OF THE REVIEW APPLICATION FILED BY THE 2ND RESPONDENT DATED 19..12..2022 ``` ``` A TRUE COPY OF THE ORDER DATED 8..3..2023 IN REVIEW APPLICATION NO. 180/00001/2021 A TRUE COPY OF THE ORDER DATED 21..11..2021 IN ORIGINAL APPLICATION NO. 180/00002/2014 ``` ``` True copy of the order dated 15.11.2018 of the Honourable Tribunal in O A No. 180/00002/2014 ``` ``` A true copy of the BSNL Voluntary Retirement Scheme-2019 issued as per notification No. 1 -15/2019-PAT [ BSNL ) dated 4..11..2019 ``` ## **`O.P.(CAT).Nos.118/2023 & 141/2023`** ## **`-:23:-`** ``` Exhibit P 21 ``` ``` A true copy of the form dated 8..11..2019 submitted by the 1st respondent herein seeking Voluntary Retirement under the BSNL Voluntary Retirement Scheme - 2019 ```