## **`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
```