High Court Kerala High Court

E.G.Susanthan vs The Chairman And Managing … on 17 July, 2008

Kerala High Court
E.G.Susanthan vs The Chairman And Managing … on 17 July, 2008
       

  

  

 
 
  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.
                  --------------------------------------------
                       W.P.C. NO.31048 OF 2005
                  --------------------------------------------
                  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
kk

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