IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31048 of 2005(U)
1. E.G.SUSANTHAN, AGED 35 YEARS,
... Petitioner
Vs
1. THE CHAIRMAN AND MANAGING DIRECTOR,
... Respondent
2. THE CHIEF GENERAL MANAGER,
3. THE GENERAL MANAGER,
For Petitioner :SRI.T.C.GOVINDA SWAMY
For Respondent :SRI.K.KESAVANKUTTY, SC, BSNL
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :17/07/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO.31048 OF 2005
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Dated this the 17th day of July, 2008
JUDGMENT
This Writ Petition is filed by the petitioner against his non-
inclusion in the cadre of Junior Telecom Officer along with others.
Petitioner, who was Telecom Technical Assistant, appeared for the test
and came out successful for inclusion in the list of Junior Telecom
Officer. He was included so in the list of Junior Telecom Officers
prepared for the Trichur area. However, even after preparing the list of
Junior Telecom Officers, the BSNL delayed appointment of persons
from list for that post. In between the post of Junior Engineer (Ele.)
arose which is an equivalent post to JTO. Petitioner applied for the
post and was appointed temporarily on 30.11.2000. Petitioner’s case is
that when the list of Junior Telecom Officers was prepared and
published by the BSNL vide Ext.P2 on 2.6.2004, he did not figure in
the said list. Standing counsel for BSNL submitted that petitioner has
chosen another line of promotion given to him four years’ back, that is
Junior Engineer (Ele.), and therefore he cannot be included in the list of
Junior Telecom Officers. According to the petitioner, after passing the
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test and after getting included in the list of Junior Telecom Officers, he
has not given up his claim when he accepted the post of Junior
Engineer (Ele.). Admittedly both are two lines of appointments and
petitioner qualified for both. His appointment in the cadre of Junior
Engineer (Ele.) was on temporary basis also. In the circumstances, I
feel petitioner is entitled for an option to go back to the JTO’s post as
and when promotions are made from the list. However, petitioner has
to forgo whatever benefits he has got by virtue of his promotion as
Junior Engineer (Ele.) on 30.11.2000. In other words, BSNL will be
able to recover the benefits given to him including salary paid if the
petitioner wants to switch-over to the post of JTO. W.P. is disposed of
directing the petitioner to exercise option and inform the BSNL without
delay for the BSNL to appoint petitioner as JTO along with others
after recovering whatever financial benefits given to him as Junior
Engineer (Ele.) for the period after 30.11.2000 till his appointment as
JTO. However, he will be given benefits as JTO with reference to the
date, he would have got appointment to that post, had he not join as
Junior Technical (Ele.).
(C.N. RAMACHANDRAN NAIR)
Judge
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