The Chairman-Cum-Managing … vs M.K.Prabhakaran on 13 December, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP (CAT).No. 1117 of 2010(S)


1. THE CHAIRMAN-CUM-MANAGING DIRECTOR,
                      ...  Petitioner
2. THE CHIEF ENGINEER(CIVIL),
3. THE EXECUTIVE ENGINEER(CIVIL),
4. THE ACCOUNTS OFFICER, THE EXECUTIVE

                        Vs



1. M.K.PRABHAKARAN ,S/O.KARUPPAN,
                       ...       Respondent

                For Petitioner  :SRI.V.R.KESAVAKAIMAL, SC, BSNL

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice B.P.RAY

 Dated :13/12/2010

 O R D E R
                     C.N.RAMACHANDRAN NAIR &
                        BHABANI PRASAD RAY, JJ.
                ....................................................................
                         O.P.(CAT) No.1117 of 2010
                ....................................................................
               Dated this the 13th day of December, 2010.

                                       JUDGMENT

Ramachandran Nair, J.

Heard counsel for the BSNL. Order under challenge is the one

issued by the CAT directing the petitioners to pay Island Special Duty

Allowance to the respondent for serving in Lakshadweep Islands.

Petitioners’ case is that the allowance referred above is payable only

when there is posting outside the Circle. Since Lakshadweep forms part

of Kerala Circle, respondent is not entitled to the special allowance is

the case of petitioners. We notice that the Tribunal has only followed

orders in respect of other persons serving BSNL in Lakshadweep

Islands who were granted the benefit. However, the case of the

petitioners is that those persons referred to in those O.As. in para 8 of

the Tribunal’s order were transfered from other regions. We do not find

any difference as to from which region a person is transferred to the

Island to entitle him for the special allowance applicable to people

posted in Islands. It is a matter of common knowledge that those living

2

in Lakshadweep are subject to lot of geographical and social hardships

and they don’t get much of the comfort, convenience or social life

which people in the main land are entitled. So much so, we do not find

any ground to interfere with the finding of the Tribunal granting relief

to the respondent which is similar to the relief granted to others serving

in Lakshadweep. Consequently we dismiss the O.P.(CAT).

C.N.RAMACHANDRAN NAIR
Judge

BHABANI PRASAD RAY
Judge
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