Kerala High Court · 2007

BY ADV. SRI.O.V.RADHAKRISHNAN (SR.) SMT.K.RADHAMANI AMMA SRI.ANTONY MUKKATH RESPONDENTS: -----------------

1. UNION OF INDIA, REP: BY ITS SECRETARY, MINISTRY OF COMMUNICATION AND INFORMATION TECHNOLOGY, DEPARTMENT OF TELECOMMUNICATIONS, 421 SANCHAR BHAVAN, 20 ASHOKA ROAD, NEW DELHI : 110 001.

2. SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE AND COMPANY AFFAIRS, DEPARTMENT OF EXPENDITURE, NEW DELHI : 110 001.

3. DIRECTOR (STAFF), DEPARTMENT OF TELECOMMUNICATIONS, 421, SANCHAR BHAVAN, 20, ASHOKA ROAD, NEW DELHI : 110 001.

4. BHARAT SANCHAR NIGAM LTD., REP: BY ITS CHAIRMAN AND MANAGING DIRECTOR, STATESMAN BUILDING, NEW DELHI - 110 001.

5. CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD., KERALA CIRCLE, THIRUVANANTHAPURAM.

6. CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD., SOUTHERN TELECOM REGION, CHENNAI. (R6 IS DELETED AS PER ORDER DATED 24.3.2006 IN I.A. NO. 4486/06)

7. CHIEF ACCOUNTS OFFICER (FC), OFFICE OF THE CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD., KERALA CIRCLE, THIRUVANANTHAPURAM. BY ADV. SRI.MATHEWS K.PHILIP,SC, BSNL SRI.A. DINESH RAO, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 23270/2005 : 3 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTO COPY OF THE OFFICE MEMORANDUM NO.2-29/2000- RESTG. DATED 30.09.2000 OF THE 1ST RESPONDENT. EXT.P2: EXT.P3: EXT.P4: EXT.P5: EXT.P6: EXT.P7: EXT.P8: EXT.P9: TRUE COPY OF THE CENTRAL CIVIL SERVICES (PENSION) AMENDMENT RULES, 2000 WHICH WAS PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY DATED 30.09.2000. TRUE COPY OF THE LETTER NO. BSNL/11/SR-2001 DATED 14.01.2002 ALONG WITH THE OPTION PRO-FORMA AND THE GENERAL TERMS AND CONDITIONS OF THE 4TH RESPONDENT. PHOTO COPY OF THE LETTER NO. BSNL/11/SR/2003 DATED 02.09.2003 ALONG WITH ANNEXURES 1 TO IV OF THE 4TH RESPONDENT. PHOTOCOPY OF THE REVISED OPTION SUBMITTED BY THE 5TH PETITIONER DATED 25.09.2003. PHOTOCOPY OF THE ORDER NO. CCA/KRL/6-67/2003-04/98 DATED 25.02.2004 OF THE 1ST RESPONDENT. PHOTOCOPY OF THE OFFICE ORDER NO. 1-5-2004-PAT(BSNL) DATED 18.03.2004 OF THE 4TH RESPONDENT. PHOTOCOPY OF THE OFFICE MEMORANDUM F NO.6/82/E.III(B)/91 DATED 28.02.2003 OF THE 1ST RESPONDENT. PHOTOCOPY OF THE OFFICE MEMORANDUM NO.4-20-2003-SEA DATED 01.04.2003 OF THE 4TH RESPONDENT. EXT.P10: PHOTOCOPY OF THE OFFICE MEMORANDUM NO.16-11/2002.SEA (PART I) DATED 07.04.2004 OF THE 4TH RESPONDENT. EXT.P11: PHOTOCOPY OF THE PAY FIXATION MEMO DATED 22.04.2003 OF THE 1ST PETITIONER. EXT.P11(I): PHOTOCOPY OF THE PAY FIXATION MEMO DATED 29.03.2004 OF THE 2ND PETITIONER. EXT.P11(II): PHOTOCOPY OF THE PAY FIXATION MEMO DATED 05.05.2003 OF THE 3RD PETITIONER. W.P.(C) NO. 23270/2005 : 4 EXT.P11(III): PHOTOCOPY OF THE PAY FIXATION MEMO DATED 05.08.2004 OF THE 4TH PETITIONER. EXT.PII(IV): PHOTOCOPY OF THE PAY FIXATION MEMO DATED NIL OF THE 5TH PETITIONER. EXT.P11(V): PHOTOCOPY OF THE PAY FIXATION MEMO DATED 22.04.2003 OF THE 6TH PETITIONER. EXT.P11(VI): PHOTOCOPY OF THE PAY FIXATION MEMO DATED 02.06.2003 OF THE 7TH PETITIONER. EXT.P11(VII): PHOTOCOPY OF THE PAY FIXATION MEMO DATED 22.04.2003 OF THE 8TH PETITIONER. EXT.P11(VIII): PHOTOCOPY OF THE PAY FIXATION MEMO DATED OF THE 9TH PETITIONER. EXT.P12 : PHOTOCOPY OF THE LETTER NO. 4-44/2004-SEA-BSNL/1 DATED 24.02.2005 OF THE 4TH RESPONDENT. EXT.P13: PHOTOCOPY OF THE LETTER NO. 78-36/2003-SU DATED 27.10.2004 OF THE 3RD RESPONDENT. EXT.P14: EXT.P15: PHOTOCOPY OF THE O.M.NO.8(1)-E.III(B)/2004 DATED 01.04.2004 OF THE MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE, NEW DELHI. PHOTOCOPY OF THE ORDER DATED 02.08.2004 IN O.A. NO. 2519 OF 2003 OF THE PRINCIPAL BENCH OF THE CENTRAL ADMINISTRATIVE TRIBUNAL. EXT.P16: PHOTOCOPY OF THE ORDER DATED 11.07.2005 IN W.P.(C) NO. 20418 OF 2005 OF THIS HON'BLE COURT. /True Copy/ P.A to Judge. V. GIRI , J ========================== W.P.(C) NO. 23270 OF 2005 ========================== Dated this the 11th day of September, 2007. JUDGMENT When the matter came up for further orders, it was represented on both sides that the issue raised in this writ petition is covered by the judgment in W.P.(C) No. 20418/2005. Paragraph 7 of the judgment reads as follows: "Accordingly, I dispose of these writ petitions allowing the petitioners to make representations for notional fixation for the period 01.01.1996 to 01.10.2000 with the 3rd and 4th respondents. If such representations are made within one month, the same shall be considered and orders will be passed by the aforesaid respondents, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment and the consequential benefits, if any shall also be released, without delay." In the circumstances, this writ petition is disposed of allowing the petitioners to make a representations for notional fixation for the period

01.01.1996 to 01.10.2000 before respondents 3 and 4. If such representations are made within one month, the same shall be considered and orders will be passed by the aforesaid respondents within three months from the date of receipt of a copy of this judgment. Consequential benefits, if any, shall also be released without delay. V. GIRI, JUDGE.