WP11096 12 01 04 2016

1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2016
:PRESENT:
THE HONBLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR
:AND:
THE HONBLE MR.JUSTICE K.N. PHANEENDRA
W.P.NO.11096/2012(S-CAT)
C/W
W.P.NO .10589/2012 AND W.P.NOs.18585-18589/2012 (S-CAT),
W.P. NO. 11221/2012 (S-CAT),
W.P. NO. 21270/2012 (S-CAT),
W.P. NO. 21271/2012 (S-CAT),
W.P. NOs. 21724-21725/2012 (S-CAT),
W.P. NOs. 21727-21728/2012 (S-CAT),
W.P. NO. 49256/2013 (S-CAT).
IN W.P NO. 11096/2012
BETWEEN:
1. THE CHAIRMAN & MANAGING DIRECTOR,

BHARAT SANCHAR NIGAM LTD.,
CORPORATE OFFICE 4TH FLOOR,
BHARAT SANCHAR BHAVAN,
JANPATH, NEW DELHI-110 001.
2. THE CHIEF GENERAL MANAGER,

TELECOM, BSNL,
KARNATAKA CIRCLE,
DOORASAMPARKA BHAVAN,
NO.1, S.V.ROAD, HALASURU,
BANGALORE - 560 008.
... PETITIONERS
(BY SRI.VISHNU BHAT, ADV.)
2
AND:
1. SRI.D. HRISHIKESH HEBBAR,

S/O RANGANATHA HEBBAR,
AGED ABOUT 50 YEARS,
OCC: SUB DIVISONAL ENGINEER
(LECTURER), REGIONAL TELECOM
TRAINING CENTRE, T.K.LAYOUT,
KUVEMPUNAGAR, MYSORE-570 009.
2. SRI. SUDHAKAR RAI.K,

S/O NARAYAN RAI,
OCC: SUB DIVISIONAL ENGINEER
(GROUPS), O/O THE DIVISIONAL
ENGINEER (T) BSNL, SURENDRA
MANSION, BELTHANGADY 574 214.
3. VITTAL BHANDARY.H,
S/O NANJAPPA BHANDARY,
AGED 53 YEARS,
(GRUPS), BSNL, GOLTHAMAJAL,
POST: KALLADKA - 574 222
BANTWAL TALUK (D.K.)
4. THE UNION OF INDIA,

REP.BY SECRETARY,
DEPT. OF TELECOMMUNICATIONS,
MINISTRY OF COMMUNICATIONS AND
I.T., SANCHAR BHAVAN, NO.20,
ASHOKA ROAD, NEW DELHI - 110 001
... RESPONDENTS
(BY SRI.A.R.HOLLA, ADV. FOR R1 TO R3
SRI.KRISHNA.S.DIXIT, ASGI FOR R4.)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DT.25.1.12, PASSED BY THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH
BANGALORE IN OA.NO.399/09, AS PER ANNEXURE-D, AS THE
SAME IS UNJUST, ARBITRARY & WITHOUT AUTHORITY OF
LAW & CONSEQUENTLY DISMISS OA.NO.399/09.
3
IN W.P. NOs. 10589/2012 AND 18585-18589/2012,
BETWEEN:
1. THE CHAIRMAN & MANAGING

DIRECTOR, BHARAT SANCHAR
NIGAM LTD., CORPORATE
OFFICE, 4TH FLOOR, BHARAT
SANCHAR BHAVAN,JANPATH,
NEW DELHI 110 001.
2. THE CHIEF GENERAL MANAGER

TELECOM, BSNL
KARNATAKA CIRCLE,
NO. 1, S.V. ROAD, HALASURU,
BANGALORE 560 008
... PETITIONERS
(BY SRI.VISHNU BHAT, ADV. )
AND
1. SRI.J.N. LAKSHMIKANTHA,
S/O J.R. NARASIMHAMURTHY,
A/A 53 YRS., OCCN: SUB
DIVISIONAL ENGINEER,
BSNL, ANJANANAGAR,
TELEPHONE EXCHANGE,
MAGADI MAIN ROAD,
ANJANANAGAR,
VISWANEEDAM POST,
BANGALORE 560 091.
2. SMT. GEETA K ADIGA,

W/O KRISHNAMURTHY ADIGA,
CUSTOMER SERVICE
CENTRE, BSNL, KARANGALPADY
MANGALORE 575 003.
3. SRI. R. BALASUBRAMANYAM,
S/O T.K. RAMAMURTHY,
4

BTM EXCHANGE (INTERNAL),
BANGALORE 560 076.
4. SRI. S.V. KARKI,

S/O V.T. KARKI,
(TELEGRAPHS) SOMWARPET,
KODAGU DISTRICT 571 236.
5. SMT. SANDHYA K UPADHYA,

W/O KRISHNASWAMY UPADHYA,
OCCN: SENIOR SUB DIVISIONAL
ENGINEER, CHANDRA LAYOUT
TELEPHONE EXCHANGE,
BANGALORE 560 040.
6. SRI. J. SRINIVASAN,
S/O P.R. JAGADEESAN,
OCCN: SUB DIVISIONAL
ENGINEER (INTERNAL),
N.G. VILLAGE RLU, UNDER
D.E. (INTERNAL), KORAMANGALA,
BGTD, BSNL, BANGALORE 560 047.
7. RAMAKANT.B.PURANIK,
S/O BHEEMANNACHARYA PURANIK,
AGED ABOUT 56 YEARS, WORKING
AS SUB-DIVISIONAL ENGINEER,
O/O DIVISIONAL ENGINEER
(INTERNAL), SHANKARPURAM
TELEPHONE EXCHANGE,
BANGALORE 560 019.
PLOT NO. 21, 2ND MAIN,
VIVEKANANDANAGAR,
KATHRIGUPPE MAIN ROAD,
BANGALORE 560 085.
5
8. ALL INDIA BHARAT SANCHAR

NIGAM LTD.,EXECUTIVE ASSOCIATION,
KARNATAKA CIRCLE, BANGALORE
C-55, 5TH RADIAL ROAD, ITI COLONY,
DOORVANINAGAR, BANGALORE 560 016
REP. BY THE CIRCLE SECRETARY
H.T. ANDERI.
9. SRI. K.R. LEELADHARA S/O K. RAMANNA

AGED ABOUT 55 YEARS
WORKING AS SUB-DIVISIONAL ENGINEER
(MJ INSTALLATION), O/O THE DIVISIONAL
ENGINEER ( MJ INSTALLATION) ANNEXE
BUILDING, 4TH FLOOR, CGMT COMPOUND,
HALASURU, BANGALORE 560 008
10. THE UNION OF INDIA

REP BY SECRETARY
DEPARTMENT OF TELECOMMUNICATIONS
MINISTRY OF COMMUNICATIONS AND I.T.
SANCHAR BHAVAN, NO. 20, ASHOKA ROAD,
NEW DELHI 110 001
... RESPONDENTS
(BY SRI. A.R.HOLLA, ADV. FOR R1-R6.
SRI.KRISHNA.S.DIXIT, ASGI FOR R10.)
THESE WRIT PETITIONS ARE FILED UNER ARTICLES 226

AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
THE ORDER DATED 25.1.2012 PASSED BY THE HON'BLE
CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH,
BANGALORE IN OA NO.227/2009 AS PER ANNEXURE-D AS
THE SAME IS UNJUST, ARBITRARY AND WITHOUT AUTHORITY
OF LAW AND CONSEQUENTLY DISMISS O.A. NO.227/2009.
IN W.P NO. 10590/2012 AND W.P. NOs. 18578-18584/2012
BETWEEN

BHARAT SANCHAR NIGAM LIMITED,
CORPORATE OFFICE 4TH FLOOR,
JANPATH NEW DELHI - 110 001.
6

TELECOM, BSNL,
KARNATAKA CIRCLE,
DOORSAMPAKA BHAVAN,
NO.1, S.V.ROAD,
HALASURU, BANGALORE-560 008.
... PETITIONERS
AND
1. SRI.CHAKOLI APPALAL.J,
S/O J A CHAKOLI,
AGED ABOUT 50 YRS.,
OCC: SUB DIVISIONAL ENGIENER,
TSE (X), BSNL, O/O THE CHIEF
GENERAL MANAGER TQAC, WMS
COMPLEX, SANCHAR COMPLEX,
2. SMT.PADMINI.G,
W/O CHAKOLI APPALAL.J,
OCC: SUB DIVISIONAL ENGINEER,
BSNL, O/O THE DIVISIONAL ENGINEER,
OCB 283, TAX-II, WMS COMPLEX,
J.P.NAGAR III PHASE,
3. SMT.DHANALAXMI.C.GUJARI,
(MM-II), BSNL, MM SECTION TELEPHONE
HOUSE, BANGALORE TELECOM DISTRICT,
4. SMT.HEMALATHA.R.K,
OCC: SUB DIVISIONAL ENGINEER (SSTP),
BSNL, 4TH FLOOR, NEW TELECOM
BUILDING, BASAVESHWARA CIRCLE,
BANGALORE - 560 001
7
5. C.S.GUJARI,
AGED 59 YEARS,
OCC: SENIOR SUB DIVISIONAL ENGINEER
(COMPUTER), BSNL, COMPUTER SECTION,
TELEPHONE HOUSE, BANGALORE 560 001.
6. SRI.S.M.HIREMATH,
S/O MALLESHAYYA,
(OCB), MAX-I BSNL, TELEPHONE
EXCHANGE, OLD BUS STAND,
DAVANAGERE - 577 002.
7. SRI. Y N SATHYANARAYANA RAO,

S/O LATE Y.NAGARAJA RAO,
AGED 54 YEARS,WORKING AS
SENIOR S.D.E. (SDE WLL CDMA),
O/O THE DIVISIONAL ENGINEER
(INTERNAL) BSNL, MAX-I BUILDING,
DAVANAGERE - 577 002.
8. SRI.J.AMARAVATHI,
W/O R.PRAKASH,
SUB DIVISIONAL ENGINEER
(CEN INDOOR) NTB, BASAVESHWARA
CIRCLE, BANGALORE - 560 001.

REP.BY SECRETARY,
DEPARTMENT OF TELECOMMUNICATIONS,
MINISTRY OF COMMUNICATIONS AND I.T.,
SANCHAR BHAVAN, NO.20,
ASHOKA ROAD,
NEW DELHI - 110 001
... RESPONDENTS
(BY SRI.A.R.HOLLA, ADV. FOR R1 TO R8.
SRI.KRISHNA.S.DIXIT, ASGI FOR R9)
8
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DTD.25.1.2012 PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH,
BANGALORE IN OA NO.309/2009, VIDE ANNEXURE-D, AS THE
SAME IS UNJUST, ARTIBRARY AND WITHOUT AUTHORITY OF
LAW AND CONSEQUENTLY DISMISS OA NO.309/2009.
IN W.P. NO. 11221/2012
BETWEEN:

CORPORATE OFFICE, 4TH FLOOR,
JANPATH, NEW DELHI - 110 001.

TELECOM, BSNL, KARNATAKA CIRCLE,
NO.1, S.V.ROAD, HALASURU,
BANGALORE 560 008.
... PETITIONERS
AND
1. SRI.H.S.MAHABALESHWARA BHAT,
S/O H.M.SUBBA BHATTA, AGED 54 YRS.,
OCCN: SUB DIVISIONAL ENGINEER,
(MOBILE SERVICES), O/O AGM (CC),
AMENITY BLOCK, CENTRAL TELEPHONE
EXCHANGE COMPOUND, BASAVESHWARA
CIRCLE, BANGALORE 560 001.

REP. BY SECRETARY,
DEPT. OF TELECOMMUNICATIONS,
9

ASHOKA ROAD, NEW DELHI - 110 001
... RESPONDENTS
(BY SRI.A.R.HOLLA, ADV. FOR C/R1 [CP NO.794/2012]

SRI.KRISHNA.S.DIXIT, ASG, FOR R2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 25.1.2012 PASSED BY THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE
BENCH, BANGALORE IN OA NO.440/2009 AS PER ANNEXURE-
D AS THE SAME IS UNJUST, ARBITRARY AND WITHOUT
AUTHORITY OF LAW AND CONSEQUENTLY DISMISS O.A.
NO.440/2009.
IN W.P.NO. 12732/2012 AND W.P.NOs. 18676 18680/2012
BETWEEN:
1. ALL INDIA BHARAT SANCHAR NIGAM LTD.,

EXECUTIVE ASSOCIATION,
NO.C-55, 5TH MAIN ROAD, ITI COLONY,
DOORVANINAGAR, BANGALORE 560 015.
REP. BY ITS CIRCLE, SECRETARY,
SRI.H.Y.ANDELI, 56 YEARS,
S/O LATE SRI.Y.D.ANDELI.
2. SRI.RAMAKANT.B.PURANIK,
S/O BHIMASENACHARYA PURANIK,
O/O DE (INTERNAL) SHANAKARAPURAM
TELEPHONE EXCHANGE BANGALORE 560 019,
R/AT NO.21, 2ND MAIN, VIVEKANANDA
NAGAR, KATRIGUPPE MAIN ROAD,
BANGALORE 560 085.
3. SRI.K.R.LEELADHARA,
AGE: 55 YEARS, S/O K.RAMANNA,
OCC:SUB DIVISIONAL ENGINEER
(MS INSTALLATION) O/O D E
(MD INSTALLATION), ANNEXE
10
BUILDING, 4TH FLOOR, CGMT

COMPOUND, HALASURU
BANGALORE 560 008.
4. SANCHAR NIGAM EXECUTIVES ASSOCIATION (INDIA),

TO BE REP. BY ITS CIRCLE SECRETARY,
SRI.S.B.NAGAVI, 53 YEARS,
NO.1-A, 20/21, LORD SRI ENCLAVE,
4TH CROSS MARUTHINAGAR, 2ND PHASE,
BHADRAPPA LAYOUT BANGALORE 560 094.
... PETITIONERS
(BY SRI.P.A.KULKARNI, ADV.)
AND:
1. UNION OF INDIA,
TO BE REP. BY ITS SECRETARY,
NO.20 SANCHAR BHAVAN,
ASHOKA ROAD, NEW DELHI - 110 001.
2. BHARAT SANCHAR NIGAM LIMITED,

TO BE REP. BY ITS CHAIRMAN AND
MANAGING DIRECTOR, CORPORATE
OFFICE 4TH FLOOR, BHARAT SANCHAR
BHAVAN, JANPATH, NEW DELHI - 110 001.
3. CHIEF GENERAL MANAGER TELECOM,

KARNATAKA TELECOM CIRCLE,
NO.1 SWAMY VIVEKANANDA ROAD,
HALASUR, BANGALORE - 560 008.
4. SRI.J.N.LAKSHMIKANTHA,
AGE: 51 YEARS,
S/O J.R.NARASIMHAMURTHY,
SDE, BSNL ANJANANNAGAR,
TELEPHONE EXCHANGE,
MAGADI MAIN ROAD, ANJANANAGAR
VISWANEEDAM POST,
BANGALORE 560 091.
11
5. SMT.GEETHA.K.ADIGA,
AGE: 52 YEARS,
W/O KRISHNAMURTHY ADIGA,
SDE CUSTOMER SERVICE CENTRE,
BNSL, KARANGALPADY,
MANGALORE - 575 003.
6. SRI.R.BALASUBRAMNAYAN,
AGE: 57 YEARS,
S/O T.K.RAMAMURTHY,
SDE BTM EXCHANGE (INTERNAL),
7. SRI.S.V.KARKI,
AGE: 53 YEARS,
S/O T.K.RAMAMURTHY,
SDE (TELEGRAPHS) SOMWARPET,
KODAGU DISTRICT - 571 236.
8. SMT.SANDHYA.K.UPADHYA,
AGE: 49 YEARS,
W/O KRISHNASWAMY UPADHYA,
SDE, CHANDRA LAYOUT TELEPHONE
EXCHANGE, BANGALORE 560 040.
9. SRI.J.SRINIVASAN,
AGE: 56 YEARS,
S/O P.R.JAGADEESAN,
SDE, (INTERNAL) N.G.VILLAGE RLU,
UNDER DE (INTERNAL),
KORAMANGALA DGTD BSNL,
BANGALORE 560 047.
... RESPONDENTS
(BY SRI.H.R.SOWRI, CGSC FOR R1 TO R3,
SRI.A.R.HOLLA, ADV. FOR R4 TO R9)
THESE WRIT PETITIONS ARE FILED UNDER ARTILCES

QUASH THE ORDER DT.25.1.2012 PASED IN OA.NO.227/09, BY
HON'BLE CAT BANGALORE, VIDE ANNEXURE-A &
CONSEQUENTLY DISMISS OA. No.227/09 FILED BY R4 TO R9
HEREIN.
12
IN WRIT.PETITION NO. 21270/2012
BETWEEN:

BHARATH SANCHAR NIGAM LIMITED,
BHARATH SANCHAR BHAVAN,

TELECOM, BSNL KARNATAKA CIRCLE,
NO.1, S.V. ROAD, HALASURU,
BANGALORE 560 008.
... PETITIONERS
AND:
1. B.RAMACHANDRA,
AGED ABOUT 53 YRS.,
S/O LATE BORAIAH,
WORKING AS SUB-DIVISIONAL
ENGINEER, OFFICE OF THE
(EXTERNAL), BSNL,
BASAVESHWARANAGAR,
BANGALORE 560 079.
2. SRI. P. SHIVAMURTHY,
SUB-DIVISIONAL ENGINEER,
C.T.S.D., B.S.N.L.,
MAGADI ROAD,
BANGALORE 560 079.
3. SRI. A. SUBRAMANYA,
SUB DIVISIONAL ENIGNEER (COMM),
13
O/O THE AGM, TELECOM (BSNL)

KUNJIBETTU, UDUPI 576 102.
4. MS.P.HIMAVA RANI,
SUB DIVISIONAL ENGINEER,
OUT DOOR, THE TELEPHONE
EXCHANGE, BSNL, ULSOOR,
BANGALORE 560 008.
5. SRI. POSTER THIMMAPPA,

SUB DIVISIONAL ENGINEER (MM),
O/O TDM TELECOM,
NEW NEHRU STADIUM, BSNL,
RANGAMANDIR ROAD,
BIDAR 585 401.
6. SRI. K. KARAGAPPA,
SUB DIVISIONAL ENGINEER (CABLE),
OUT DOOR, HOSAKEREHALLI EXCHANGE.
BSNL, 100 FEET RING ROAD,
BANASHANKARI III STAGE,
BANGALORE 560 085.
7. SRI.B.L.SHIVA KUMAR,
SUB DIVISIONAL ENGINEER (HRD),
O/O THE CGM OA,SANCHAR COMPLEX,
BSNL, WMS COMPLEX,47TH CROSS,
9TH MAIN, 5TH BLOCK, JAYANAGAR,
BANGALORE 560 041.
8. MS.B.K.MANNAMMA,
SUB DIVISIONAL ENGINEER (INDOOR),
C.DOT EXCHANGE, BSNL,
80 FEET ROAD, HAL 2ND STAGE,
INDIRANAGAR, BANGALORE-560038.
9. MS.D.P.PRAMILA,
14

12TH MAIN, 4TH BLOCK,
TELEPHONE EXCHANGE BUILDING,
BSNL, KORAMANGALA,
BANGALORE 560 034.
10. SRI. CHELUVARAJU,

SUB-DIVISIONAL ENGINEER
(INSTALLATION), O/O THE
G.M. TELECOM, BSNL BHAVAN,
B.M.ROAD, HASSAN -573 201.
11. SRI.B. RANGASWAMY,

O/O THE G.M. TELECOM, BSNL,
BEHIND HEAD POST OFFICE,
MANDYA 571 401.
12. SRI.M.RAVISHANKAR,
O/O THE G.M., BSNL, 69,
TEMPLE ROAD, 1ST CROSS,
IV BLOCK, JAYALAKSHMIPURAM,
MYSORE 570 012.
13. SRI.HULGI BASAVARAJ VAARAL,

(SWITCHING INSTALLATION),
O/O THE D.E. INSTALLATION,
BSNL, BELGAUM 590 001.
14. SRI.P.PALANIVELU,
O/O THE DE EXTERNAL, BSNL,
50 FEET ROAD, HAL II STAGE,
IDIRANAGAR, BANGALORE 560 038.
15
15. SRI.M.H.GANGAIKOPPA,
O/O THE D.E. (INSTALLATION),BSNL,
J.C.NAGARA, HUBLI.
16. MS.P.RADHA,
SUB-DIVISIONAL ENGINEER (HRD)
O/O THE TDM, BSNL,
DR. SHANKA GOWDA BUILDING,
NEW E.K. MINU, RAICHUR 584 101.
17. MS.R.MALA,
SUB-DIVISIONAL ENGINEER (INDOOR),
CITY TELEPHONE EXCHANGE,BSNL,
SAMPANGIRAMNAGAR
BANGALORE 560 009.
18. SRI.RAKESH S.KADAM,

(MOBILE SERVICE) O/O THE
G.M. BSNL, M.G. ROAD,
BIJAPURA -586 101.
19. MS.M.ANURADHA,
SUB-DIVISIONAL ENGINEER (I/D)
ULSOOR TELEPHONE EXCHANGE,
BSNL, KENSINGTON ROAD,
BANGALORE 560 008.
20. SRI. AROKIA RAI,

(EXTERNAL) BSNL, MILEGRES
BUILDING, III FLOOR, HAMPANKATTA,
MANGALORE 575 001.
21. MS.N.VANITHA,
16
RURAL WLL EXCHANGE,
GROUND FLOOR, CMX BUILDING,
BASAVESHWARA CIRCLE,
BANGALORE 560 009.
22. SRI.G.DEVENDRAN,
BSNL, HAL TELEPHONE EXCHANGE,
VIMANAPURA, BANGALORE 560 038.
23. MS.N.K.MAMATHA,
(COMPUTER), O/O THE CGM OA,
SANCHAR COMPLEX, BSNL,
WMS COMPLEX, 47TH CROSS,
9TH MAIN, 5TH BLOCK JAYANAGAR,
BANGALORE 560 041.
24. SRI.G.KUMARESHAN,
TELEPHONE EXCHANGE, BSNL,
MALUR, KOLAR DISTRICT.
25. SRI.MALLIKARJUN.S.TALIKOTI,
O/O THE GENERAL MANAGER,
TELEPHONE EXCHANGE COMPOUND,
26. SRI.KRISHNA.N.MOGER,
TELECOM, BSNL,
LAXMI COMPLEX, LLR ROAD,
SHIMOGA 577 201.
17
27. SRI.H.M.SORATUR,
CCI CITY EXCHANGE, BSNL,
SAMPANGIRAMNAGAR,
BANGALORE 560 009.
28. SRI.S.RAJANNA,
O/O THE D.E.,
BASAVESHWARA EXTERNALS,
BSNL, MAGADI ROAD,
NO.1326/1, CAVERINAGAR,
KAMAKSHIPALYA,
BANGALORE 560 079.
29. SRI.SATISH.B.ASANGI,
RSU TELEPHONE EXCHANGE,
KOPPAL, BSNL, KOPPAL DISTRICT.
30. SRI.V.MOHAN,
TELEPHONE EXCHANGE,
CHALLEKERE, BSNL,
DAVANAGERE DISTRICT.
31. SRI.SUNIL GANAPATHI,

O/O THE G.M. TELECOM,
BSNL, TELEPHONE
EXCHANGE COMPOUND,
BELGAUM 590 001.
32. SRI.B.M.BUDINAL,
SUB-DIVISIONAL ENGINEER (G),
18
CHADA CHAN, BSNL,

BIJAPUR 586 101.
33. SRI. RAJKUMAR.L.ASANGI,

BSNL, TELEPHONE
EXCHANGE COMPOUND,
STATION ROAD,
BELLARY 583 101.
34. SRI.K.L.SHIVANNA,
SUB-DIVISIONAL ENGINEER (PHONES),
URBAN TELEPHONE EXCHANGE,
BSNL, BELT ROAD,
CHICKAMAGALUR 577 101.
35. SRI.M.H.PRAKASH,
O/O THE D.E. (R) BSNL,
DAVANAGERE 577 006.
36. SRI.J.H.CHANNA KRISHNAPPA,

C-DOT EXCHANGE, BSNL,
CHIKKABALLAPURA,
KOLAR DISTRICT.
37. SRI. MARIYAPPA.A.DASAR,

(GROUPS), KUSHAL NAGARA
TELEPHONE EXCHANGE,
BSNL, KODAGU DISTRICT.

REP. BY SECRETARY,
DEPT OF TELECOMMUNICATIONS,
19

ASHOKA ROAD,
NEW DELHI 110 001.
... RESPONDENTS
(BY SRI.A.R.HOLLA, ADV. FOR C/R1 [CP NO.2009/2012]

IN RESPECT OF R2, R6, R8, R10, R11, R12, R15, R17, R19,
R22, R23, R26, R28 TO R30, R32 TO R37, ARE SERVED.
IN RESPECT OF R3 TO R5, R7, R9, R13, R14, R16, R18, R20,
R21, R24, R25, R27, R31 AND R38 -NOTICE DISPENSED WITH
V/O DTD 18.03.2015)

THE ORDER DT 14.3.12 PASSED BY THE CAT,BANGALORE
BENCH, BANGALORE IN OA NO.216/09 VIDE ANNEXURE-C AS
THE SAME IS UNJUST ARBITRARY AND WITHOUT AUTHORITY
OF LAW AND CONSEQUENTLY DISMISS OA NO.216/09
IN WRIT PETITION NO. 21271/2012
BETWEEN:

JANPATH, NEW DELHI 110 001.

TELECOM, BSNL, KARNATAKA
CIRCLE, DOORASAMPARKA BHAVAN,
NO. 1, S.V.ROAD, HALASURU,
BANGALORE 560 008.
... PETITIONERS
AND:
1. C.NAGARAJASWAMY,
S/O LATE CHIKKALINGAIAH,
WORKING AS SUB-DIVISIONAL
20
ENGINEER, BSNL, NAGARABHAVI

OUTDOOR, OFFICE OF THE
BASAVESHWARANAGAR,
BANGALORE 560 040.
2. SRI.P.SHIVAMURTHY,
C.T.S.D., B.S.N.L. MAGADI ROAD,
BANGALORE 560 079.
3. SRI.A.SUBRAMANYA,
SUB-DIVISIONAL ENGINEER (COMM),
O/O THE AGM, TELECOM (BSNL),
KUNJIBETTU, UDUPI 576 102.
4. MS.P.HIMAYA RANI,
EXCHANGE, BSNL ULSOOR,
BANGALORE 560 008.
5. SRI.POSTER THIMMAPPA,
SUB-DIVISIONAL ENGINEER (MM),
O/O TDM TELECOM,
NEW NEHRU STADIUM, BSNL,
RANGAMANDIR ROAD,
BIDAR 585 401.
6. SRI. K KARAGAPPA,
SUB-DIVISIONAL ENGINEER (CABLE),
OUT DOOR, HOSAKEREHALLI
EXCHANGE, BSNL, 100 FEET
RING ROAD, BANASHANKARI
III STAGE, BANGALORE 560 085.
21
SUB-DIVISIONAL ENGINEER (HRD),

O/O THE CGM OA, SANCHAR
COMPLEX, BSNL, WMS COMPLEX,
47TH CROSS, 9TH MAIN,
5TH BLOCK, JAYANAGAR,
BANGALORE 560 041.
8. MS.B.K.MANNAMMA,
(INDOOR), C.DOT EXCHANGE,
BSNL, 80 FEET ROAD, HAL
2ND STAGE, INDIRANAGAR,
BANGALORE 560 038.
9. MS.D.P.PRAMILA,
TELEPHONE EXCHANGE
BUILDING, BSNL, KORAMANGALA,
BANGALORE 560 034.
10. SRI. CHELUVARAJU,

(INSTALLATION) O/O THE G.M.
TELECOM, BSNL BHAVAN,
B.M.ROAD, HASSAN 573 201.
11. SRI.B.RANGASWAMY,
O/O THE G.M.TELECOM, BSNL,
MANDYA 571 401.
O/O THE G.M. BSNL,
69, TEMPLE ROAD,
1ST CROSS, IV BLOCK,
22
JAYALAKSHMIPURAM,
MYSORE 570 012.

O/O THE D.E. INSTALLATION,
O/O THE DE EXTERNAL, BSNL
50 FEET ROAD, HAL II STAGE
INDIRANAGAR, BANGALORE 560 038.
15. SRI.M.H.GANGAIKOPPA,
O/O THE D E (INSTALLATION),
BSNL, J.C.NAGARA, HUBLI.
16. MS.P.RADHA,
SUB-DIVISIONAL ENGINEER (HRD),
O/O THE TDM, BSNL,
DR. SHANKA GOWDA BUILDING,
NEW E.K. MINU, RAICHUR 584 101.
17. MS.R.MALA,
SUB-DIVISIONAL ENGINEER (INDOOR),
CITY TELEPHONE EXCHANGE, BSNL,
SAMPANGIRAMNAGAR,
BANGALORE 560 009.
18. SRI.RAJESH.S.KADAM,
(MOBILE SERVICE),
O/O THE G.M., BSNL,
M.G. ROAD, BIJAPURA 586 101.
23
19. MS.M.ANURADHA,
SUB-DIVISIONAL ENGINEER (I/D),
BANGALORE 560 008.
20. SRI. AROKIA RAJ,

SUB-DIVISIONAL ENGINEER (EXTERNAL),
BSNL, MILEGRES BUILDING, III FLOOR,
HAMPANKATTA, MANGALORE 575 001.
21. MS.N.VANITHA,
RURAL WLL EXCHANGE,
BANGALORE 560 009.
VIMANAPURA, BANGALORE 560 038.
23. MS.N.K.MAMATHA,
WMS COMPLEX, 47 CORSS,
9TH MAIN, 5TH BLOCK, JAYANAGAR,
BANGALORE 560 041.
24
25. SRI. MALLIKARJUN.S.TALIKOTI,

TELECOM, BSNL, LAXMI COMPLEX,
LLR ROAD, SHIMOGA 577 201.
SAMPANGIRAMNAGAR,
BANGALORE 560 009.
28. SRI.S.RAJANNA,
O/O THE D.E. BASAVESHWARA
EXTERNALS, BSNL, MAGADI ROAD,
NO. 1326/1, CAVERINAGAR,
KAMAKSHIPALYA, BANGALORE 560 079.
29. SRI. SATISH.B.ASANGI,

RSU TELEPHONE EXCHANGE,
KOPPAL, BSNL, KOPAL DISTRICT.
30. SRI.V.MOHAN,
TELEPHONE EXCHANGE,
CHALLEKERE, BSNL,
25

BSNL, TELEPHONE EXCHANGE
COMPOUND, BELGAUM 590 001.
SUB-DIVISIONAL ENGINEER (G),
CHADA CHAN, BSNL,
BIJAPUR 586 101.
33. SRI.RAJKUMAR.L.ASANGI,
COMPOUND, STATION ROAD,
BELLARY 583 101.
(PHONES), URBAN TELEPHONE
EXCHANGE, BSNL, BELT ROAD,
CHICKAMAGALUR 577 101.
O/O THE D.E (R) BSNL,
DAVANAGERE 577 006.

CHIKKABALLAPURA,
KOLAR DISTRICT.
37. SRI.MARIYAPA.A.DASAR,
26
(GROUPS), KUSHAL NAGARA
TELEPHONE EXCHANGE,

REP BY SECRETARY,
SANCHAR BHAVAN, NO.20, ASHOKA ROAD,
NEW DELHI 110 001.
... RESPONDENTS
(BY SRI.A R HOLLA, ADV. FOR R1, R2, R4,
R6 TO R16, R19, R22, R23, R26, R28 TO R37 ARE SERVED.
NOTICE TO R3, R5, R17, R18, R20, R21, R24, R25, R27 AND
R38 ARE DISPENSED WITH V/O DATED 18.03.2015)

THE ORDER DATED 14.3.12 PASSED BY THE CAT,
BANGALORE BENCH, BANGALORE IN OA NO.260/09 VIDE
ANNX-C AS THE SAME IS UNJUST, ARBITRARY & WITHOUT
AUTHORITY OF LAW AND CONSEQUENTLY DISMISS OA
NO.260/09 .
IN WRIT PETITION NOs. 21724 - 21725/2012
BETWEEN:
1. THE CHAIRMAN & MANAGING

NIGAM LIMITED, CORPORATE
OFFICE, 4TH FLOOR, BHARAT
SANCHAR BHAVAN, JANPATH,
NEW DELHI-110 001.

TELECOM, BSNL, KARNTAKA CIRCLE,
DOORASAMPARKA BHAVAN, NO.1,
S.V.ROAD, HALASURU,
... PETITIONERS
27
AND
1. B.A.PARAMESWARAPPA,
S/O B. AJJAPPA, AGED 49 YEARS,
WORKING AS SDE, CSC-M,
BSNL, MANDIPET DAVANAGERE,
DTO BUILDING, DAVANAGERE.
2. M.S.VIDHYADHAR,
S/O LATE SIDDAIAH, AGED 50 YEARS,
WORKING AS SDE, TRANSMISSION,
TELEPHONE EXCHANGE, NAZARBAGH,
MYSORE-570 001.
3. SRI.P.SHIVAMURTHY,
C.T.S.D., B.S.N.L., MAGADI ROAD,
BANGALORE-560 079.
4. SRI.A.SUBRAMANYA,
SUB-DIVISIONAL ENGINEER (COMM),
O/O THE AGM, TELECOM (BSNL),
KUNJIBETTU, UDUPI-576 102.
5. Ms.P.HIMAVA RANI,
EXCHANGE, BSNL, ULSOOR,
BANGALORE-560 008.
6. SRI.POSTER THIMMAPPA,
SUB-DIVISIONAL ENGINEER (MM),
O/O TDM TELECOM,
NEW NEHRU STADIUM,
BSNL, RANGAMANDIR ROAD,
BIDAR-585 401.
28
7. SRI.K.KARAGAPPA,
SUB-DIVISIONAL ENGINEER (CABLE),
OUT DOOR, HOSAKEREHALLI EXCHANGE,
BSNL, 100 FEET RING ROAD,
BANASHANKARI III STAGE,
BANGALORE-560 085.
(HRD), O/O THE CGM OA,
WMS COMPLEX, 47TH CROSS,
JAYANAGAR, BANGALORE-560 041.
9. MS.B.K.MANNAMMA,
(INDOOR), C-DOT EXCHANGE,
BSNL, 80 FEET ROAD, HAL 2ND STGE,
INDIRANAGAR, BANGALORE-560038
10. Ms.D.P.PRAMILA,
TELEPHONE EXCHANGE BUILDING,
BSNL, KORAMANGALA,
BANGALORE-560 034.
11. SRI.CHELUVARAJU,
(INSTALLATION), O/O THE
G.M.TELECOM, BSNL BHAVAN,
B.M.ROAD, HASSAN-573 201.
12. SRI.B.RANGASWAMY,
29
O/O THE G.M.TELECOM, BSNL,

MANDYA-571 401.
O/O THE G.M., BSNL, 69,
TEMPLE ROAD, 1ST CROSS,
IV BLOCK, JAYALAKSHMIPURAM,
MYSORE-570 012.

O/O THE D.E.INSTALLATION,
BSNL, BELGAUM-590 001.
O/O THE DE EXTERNAL, BSNL,
50 FEET ROAD, HAL II STAGE,
INDIRANAGAR, BANGALORE-560 038.
16. SRI.M.H.GANAGAIKOPPA,
O/O THE D.E.(INSTALLATION),
BSNL, J.C.NAGARA, HUBLI.
17. Ms.P.RADHA,
SUB-DIVISIONAL ENGINEER(HRD),
O/O THE TDM, BSNL, DR.SHANKAR GOWDA
BUILDING, NEW E.K.MINU, RAICHUR-584 101.
18. MS.R.MALA,
(INDOOR), CITY TELEPHONE
EXCHANGE, BSNL,
30
SAMPANGIRAMNAGAR,
BANGALORE-560 009.
19. SRI.RAKESH.S.KADAM,
(MOBILE SERVICE) O/O THE
G.M., BSNL, M.G.ROAD,
BIJAPURA-586 101.
20. MS.M.ANURADHA,
SUB-DIVISIONAL ENGINEER (I/D)
BANGALORE-560 008.
21. SRI.AROKIA RAJ,

(EXTERNAL), BSNL, MILEGRES
BUILDING, III FLOOR,
HAMPANKATTA,
MANGALORE-575 001.
22. MS.N.VANITHA,
RURAL WLL EXCHANGE,
BANGALORE-560 009.
VIMANAPURA, BANGALORE-560 038.
24. Ms.N.K.MAMATHA,
31

WMS COMPLEX, 47 CROSS,
JAYANAGAR, BANGALORE- 560 041.
26. SRI.MALLIKARJUN.S.TALIKOTI,
O/O THE GENERAL MANAGER
BSNL, BELGAUM-590 001.
O/O THE GENERAL MANAGER
TELECOM, BSNL, LAXMI COMPLEX,
LLR ROAD, SHIMOGA- 577 201.
CCI CITY EXCHANGE , BSNL,
SAMPANGIRAMNAGAR,
BANGALORE- 560 009.
29. SRI.S.RAJANNA,
O/O THE D.E BASAVESHWARA
EXTERNALS , BSNL, MAGADI
ROAD, NO. 1326/1, CAVERINAGAR,
KAMAKSHIPALYA,
BANGALORE-560 079.
30. SRI.SATISH.B.ASANGI,
32
RSU TELEPHONE EXCHANGE
KOPPAL, BSNL, KOPPAL DIST.
31. SRI.V.MOHAN,
TELEPHONE EXCHANGE
CHALLEKERE , BSNL,
DAVANAGERE DIST.

O/O THE G M TELECOM,
COMPOUND, BELGAUM- 590 001.
SUB-DIVISIONAL ENGINEER(G),
CHADA CHAN, BSNL,
BIJAPUR- 586 101.
34. SRI.RAJKUMAR.L.ASANGI,
SUB-DIVISIONAL ENGINEER(G),
O/O THE G. M. TELECOM,
COMPOUND, STATION ROAD,
BELLARY- 583 101.
(PHONES), URBAN TELEPHONE
EXCHANGE, BSNL, BELT ROAD,
CHICKMAGALUR- 577 101.
SUB -DIVISIONAL ENGINEER,
33
O/O THE D.E (R) BSNL,

DAVANAGERE- 577 006.

SUB - DIVISIONAL ENGINEER,
CHIKKABALLAPURA,
KOLAR DIST.
38. SRI.MARIYAPPA.A.DASAR,
(GROUPS) KUSHAL NAGARA
TELEPHONE EXCHANGE,
BSNL, KODAGU DIST

REP BY SECRETARY
DEPARTMENT OF TELECOMMUNICATIONS
MINISTRY OF COMMUNICATIONS AND I.T
SANCHAR BHAVAN, NO.20, ASHOKA ROAD,
NEW DELHI - 110 001
... RESPONDENTS
(BY SRI.A.R.HOLLA, ADV. FOR R1 TO R3,
SRI.H.MOHAN KUMAR, ADV. FOR R5, R9, R15, R18, R20, R23,
R25, R31, AND R35 TO R38.
SRI.N.V.MANJUNATH, CGC. FOR R39,
R7, R8, R10, R11 TO R14, R16, R17, R24, R27, R29, R30, R32,
R33 AND R34 ARE SERVED.
R4, R6, R19, R21, R22, R26 AND R28 ARE NOTICE DISPENSED
WITH V/O DTD.18.03.2015)

QUASH THE ORDER DTD.14.3.12 PASSED BY THE CENTRAL
ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH,
BANGALORE IN OA NO.308/2009, VIDE ANNEXURE-C, AS THE
SAME IS UNJUST, ARBITRARY AND WITHOUT AUTHORITY OF
LAW AND CONSEQUENTLY DISMISS OA NO.308/2009.
34
IN WRIT PETITION NOs. 21727-21728/2012
BETWEEN:
1. THE CHAIRMAN & MANAGING DIRECTOR

BHARAT SANCHAR NIGAM LIMITED
CORPORATE OFFICE, 4TH FLOOR
BHARAT SANCHAR BHAVAN

TELECOM, BSNL, KARNATAKA CIRCLE,
DOORASAMPARKA BHAVAN
NO.1, S.V.ROAD,
HALASURU, BANGALORE-560 008.
... PETITIONERS
(BY SRI. VISHNU BHAT, ADV.)
AND:
1. G.NAGARAJ,
S/O LATE HANUMANTHAPPA,
AGED 49 YEARS,
WORKING AS SDE (CSC/MS),
BSNL, 8TH MAIN, CO-AXIAL BUILDING,
P.J.EXTENSION, DAVANAGERE.
2. HANUMANTHAPPA BAJARI,
S/O BIMAPPA, AGED 50 YEARS,
WORKING AS AGM (O& P),
O/O GMT, BSNL BHAVANA,
P.B.ROAD, DAVANAGERE.
3. Ms.P.RADHA,
SUB DIVISIONAL ENGINEER (HRD),
O/O THE TDM, BSNL, DR.SHANKA
GOWDA BUILDING, NEW E K MINU,
RAICHUR-584 101.
4. Ms.R.MALA,
SUB DIVISIONAL ENGINEER (INDOOR),
35
CITY TELEPHONE EXCHANGE, BSNL,

SAMPANGIRAMANAGAR,
BANGALORE-560 009.
5. SRI.H.M.SORATUR,
SAMPANGIRAMANAGAR
BANGALORE-560 009.
6. SRI.V.MOHAN,
TELEPHONE EXCHANGE,
CHALLEKERE, BSNL,
7. SRI.B.M.BUDINAL,
SUB DIVISIONAL ENGINEER(G),
CHADA CHAN, BSNL,
BIJAPUR-586 101.
SUB DIVISIONAL ENGINEER (PHONES),
URBAN TELEPHONE EXCHANGE, BSNL,
BELT ROAD, CHICKAMAGALUR-577 101.
9. SRI.M.H.PRAKASH,
O/O THE D.E.(R) BSNL,
DAVANAGERE-577 006.

C DOT EXCHANGE, BSNL,
CHIKKABALLAPURA,
KOLAR DISTRICT.
36
11. SRI.MARIYAPPA.A.DASAR,
SUB DIVISIONAL ENGINEER (GROUPS),
KUSHAL NAGARA TELEPHONE EXCHANGE,

REP BY SECRETARY,
SANCHAR BHAVAN, NO.20
ASHOKA ROAD,
NEW DELHI-110 001.
... RESPONDENTS
(BY SRI.A.R.HOLLA FOR R1 & R2,
SRI.H.MOHAN KUMAR, ADV. FOR R4 AND R6 TO R11.
SRI.N.V.MANJUNATH, CGC. FOR R12.
R3- SERVED.
R5- NOTICE DISPENSED WITH V/O DATED 18.02.2015)

QUASH THE ORDER DT.14.3.12, PASSED BY THE HON'BLE
CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH
BANGALORE IN OA.NO.13/10 AS PER ANNEXURE-C, AS THE
SAME IS UNJUST, ARBITRARY & WITHOUT AUTHORITY OF
LAW & CONSEQUENLTY DISMISS OA NO.13/10.
IN WRIT PETITION NO.49256/2013
BETWEEN
1. THE CHAIRMAN AND MANAGING

NIGAM LIMITED, CORPORATE OFFICE,
4TH FLOOR, BHARAT SANCHAR
BHAVAN, JANPATH,
NEW DELHI - 110 001.

TELECOM, BSNL, KARNATAKA
CIRCLE, DOORASAMPARKA BHAVAN,
37
NO.1, S.V. ROAD, HALASURU,

BANGALORE 560 008.
... PETITIONERS
(BY SRI.VISHNU BHAT, ADV. )
AND:
1. SRI.R.RAJENDRA,
S/O SRI.K.RAMASWAMY IYENGAR,
WORKING AS SUB-DIVISIONAL ENGINEER,
BSNL, SHANKARAPURAM (O/D),
SHANKARAPURAM TELEPHONE EXCHANGE,
BULL TEMPLE ROAD,
BANGALORE 560 019.

REP. BY SECRETARY,
MINISTRY OF COMMUICATIONS AND I.T.,
ASHOKA ROAD,
NEW DELHI 110 001.
... RESPONDENTS
(BY SRI.A.R.HOLLA, ADV.FOR R1,
SMT.GOWHAR UNNISA, CGC. FOR R2.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DATED 3.4.2013 PASSED BY THE
HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE
BENCH, BANGALORE IN O.A. NO.398/2009 VIDE ANNEXURE-
C, AS THE SAME IS UNJUST, ARBITRARY AND WITHOUT
AUTHORITY OF LAW AND CONSEQUENTLY DISMISS O.A.
NO.398/2009.
*********
THESE WRIT PETITIONS HAVING BEEN HEARD AND

RESERVED FOR ORDERS ON 15.02.2016, BEFORE THE
MSGJ & KNPJ AT PRINCIPAL BENCH, BENGALURU,
COMING ON FOR PRONOUNCEMENT OF ORDER, AT
KALABURAGI BENCH THIS DAY, K.N. PHANEENDRA, J.,
MADE THE FOLLOWING:
38
ORDER
The litigation in these Writ Petitions arises out of the
common order passed by the Central Administrative
Tribunal in OA Nos.227, 309, 399 and 440 of 2009 vide
Order dated 25.1.2012. The Central Administrative Tribunal
by the impugned order has directed the Department (BSNL)
that the date of recruitment of the applicants therein,
should be compared with the dates of recruitment of 68
Officers in Annexure-A3 and strictly as per that comparison,
the seniority of the 16 applicants should be adjusted vis--
vis with 68 Officers, and the seniority maintained by the
department has to be modified to that extent. The
department shall also carry out the exercise within two
months from the date of the order and give the applicants a
notional seniority and consequential financial benefits from
the date of the order.
2. We have in fact heard the arguments of the learned
counsel for the petitioners and the respondents in the above
said Writ Petitions. We have also carefully perused the
materials placed before the court.

39
3. Before adverting to the merits of these cases, it is
just and necessary to advert to the facts of these cases in
brief to understand the nature of the dispute between the
parties.
4. On analysis of the materials on record, it is seen
that it is a dispute between two groups of Junior Telecom
Officers (JTOs. for short) of BSNL., who are eligible for
promotion to Sub Divisional Engineers; where one
group/first group was promoted from JTO cadre to the next
higher cadre of Sub Divisional Engineers in accordance with
1981 rules on 21.10.1998 and another group/second group
was promoted on 29.4.2000 in accordance with 1996 Rules.
The JTOs. of the department of the Telecom (Now BSNL) is
the feeder cadre to the promotional post of Sub Divisional
Engineers in the Telecom Department. As we observed, it is
the dispute between the two groups of JTOs. who were
promoted to the higher grade.
5. It is the contention of the second group of Junior
Telecom Officers who were promoted as Sub Divisional
Engineers that their promotion shall be re-fixed according to

40
their seniority and it should date back to the date of
21.10.1998, as the first group of Junior Telecom Officers
were promoted on 21.10.1998. It is contended, that
thereafter, considering the seniority amongst the first group
and the second group, the promotion list has to be prepared
as on 21.10.1998.
6. On 15.6.1966, the Department framed recruitment
Rules 1966. According to these rules, the Engineering
Supervisors who are now called as Junior Telecom Officers,
who have put in five years of regular service in that cadre, if
they pass a qualifying departmental examination, they are
eligible for promotion. The said promotional cadre is filled-
up fully by way of promotion (i.e, 100%) from the cadre of
Engineering Supervisors. We are not concerned in this
matter with 1966 Rules, because, no promotion was given
in accordance with 1966 Rules either to first group or
second group.
7. In the year 1981, precisely on 7.5.1981, the
department has brought 1981 Rules (Annexure-E), which
superseded the earlier 1966 rules. According to these rules,

41
66.66% of Sub Divisional Engineer posts have to be filled-
up by way of promotion from the cadre of Junior Telecom
Officers with five years of regular service by selection on the
basis of departmental qualifying examination. The
remaining 33.33% of the quota shall be filled-up by means
of selection on the basis of departmental competitive
examination from the cadre of Junior Telecom Officers with
five years of regular service.
8. Again, the said Rules of 1981 has been superseded
by 1996 Recruitment Rules, which were brought into force
from 23.7.1996 (Annexure-G). As per these Rules, 75% of
Sub Divisional Engineer posts have to be filled up by way of
promotion from amongst the Junior Telecom Officers with
three years regular service in the cadre, on the basis of
seniority cum fitness. The remaining 25% from amongst the
candidates of the said cadre, with three year regular service
on the basis of the departmental competitive examination.
9. On plain reading of these two rules, it is clear
that, by way of 1996 rules, passing of the departmental
qualifying examination prescribed under 1981 rules, so far

42
as it relates to 75% promotional quota has been done away
with. Such 75% promotional quota according to 1996
rules, has to be filled up from amongst Junior Telecom
Officers with three years regular service in the cadre purely
on the basis of seniority-cum-fitness and there is no
question of selection on the basis of departmental qualifying
examination.
10. In order to promote all the qualified candidates
who were qualified as per 1981 rules, and awaiting for
promotion prior to coming into force of 1996 rules, the
department of Telecom has taken a policy decision to create
1966 posts to accommodate such qualified Junior Telecom
Officers awaiting for promotion. This decision was taken on
15.10.1998 and accordingly, the first batch of Junior
Telecom Officers were promoted and orders were issued on
21.10.1998 which actually led to the litigation so far as the
applicants and the respondents (before the CAT) are
concerned. The second group of promotion was given to the
Junior Telecom Officers (Respondents before CAT) to the

43
cadre of Sub Divisional Engineers on 29.4.2000 in
accordance with the seniority-cum-fitness as per 1996 rules.
11. The aggrieved second group of Junior Telecom
Officers who were later promoted, challenged the promotions
given to the first group of Junior Telecom Officers vide order
dated 21.10.1998, before the Central Administrative
Tribunal, Bengaluru in OA No.946/1998 by seeking
quashing of the action of the department in creating 1966
posts of Sub Divisional Engineers retrospectively from 1993
and consequently seeking quashing of the promotions given
to the first group of Junior Telecom Officers with effect from
21.10.1998. In the said Original Application, the Tribunal
has quashed the order dated 15.10.1998 creating 1966
posts with effect from 1993, by making an observation that
the respondent-Department should review the promotions
done on 21.10.1998 to the first group of Junior Telecom
Officers pertaining to the Karnataka Circle to verify as to
whether the first batch Junior Telecom Officers are entitled
to be promoted against the existing vacancies in Karnataka
Circle i.e., 61 posts existed prior to 23.7.1996 and thereafter

44
revert the remaining 68 Junior Telecom Officers promoted
under Karnataka Circle, as only 129 posts were allocated to
Karnataka Circle.
12. The Department, on 29.4.2000 has promoted
the second group of Junior Telecom Officers on the basis of
seniority-cum-fitness in accordance with 1996 rules and
subsequently, in obedience to the order passed in Original
Application No.946/1998 considering the promotions given
so far as 129 posts are concerned, the department has
passed an order on 19.10.2000 reverting 68 officers in
Karnataka Telecom circle.
13. The order dated 19.10.2000 of the department
was again called in question by the reverted officers before
the Central Administrative Tribunal, Bengaluru, in OA
No.1664/2000 with other connected matters. In the said
Original Application, the respondents therein have filed their
additional reply statement dated 29.08.2001 and they have
admitted in the said reply statement in the following
manner:
45
It is stated that the interse seniority list is

still not in final shape. The applicants position in
the seniority list cannot be confirmed at this stage.
However, the applicants are entitled for continuity
of service with other benefits in the promoted
cadre if they are found senior enough not to be
reverted as a consequence of abolition of 1966
posts.
From the above said statement made by the respondents,
the Tribunal has come to the conclusion that the entire
matter of insterse seniority of the reverted officers are still
indeterminate and the same is in process of being finalised.
14. It is also observed that the said applicants
(reverted officers) have since been promoted to the higher
post of TES Group-B from which they were reverted earlier.
In view of the undertaking given by the department that
they have taken up the interse seniority matter and they are
going to finalise the interse seniority position, the Tribunal
has in fact kept in tact the promotion given to the applicants
therein along with all consequential benefits etc., The
Tribunal has made it abundantly clear and directed the
respondents to finalise the concerned seniority list of TES

46
Group-B officers within a period of three months by
observing that the order of reversion passed by the
department dated 19.10.2000 shall stand automatically
quashed and the respondents are directed to examine the
situation to treat the applicants therein as eligible for the
benefits in the promoted post in accordance with their
interse seniority posts.
15. The Tribunal has passed an order dated
8.10.2001 and gave some directions to the department.
The said directions are as follows:
(1) The respondent shall finalise the concerned
seniority list of TTT-A Group-B Officers within a
period of three months.
(2) If in the said seniority list, the applicants are
senior enough not to be included in the Group
officers will have to be reverted to the lower post
as a consequent of the abolition of 1966 posts in
the promoted category of Group-B Officers as per
the order at Annexure-A9. The order of reversion

47
which has been impugned in the case shall stand
automatically quashed.
(3) In the event of occurrence of the situation
mentioned in the direction No.2 above, the
respondent shall treat the applicants as eligible for
the benefits under the promoted post in
accordance with their interse seniority position in
the list finalised under the direction No.(1) above.
16. In the said Original Applications, there was a
direction issued to the department to finalize the concerned
seniority list of second Group Officers and if in the said
seniority list, the applicants therein are seniors enough and
who are not to be included in the group of officers, will have
to be reverted to the lower post. It is also observed by CAT
that, in view of the abolition of 1966 posts in the promoted
category of Officers, the order of reversion, which has been
impugned, shall stand automatically quashed. In the event
of the occurrence of the situation mentioned in the
direction, the respondent shall treat the applicants as
eligible for the benefit of the promoted post in accordance

48
with their inter-se seniority position, in the list finalized on
the direction (in O.A. 946/98) of the Central Administrative
Tribunal. Therefore, by virtue of this, the reverted officers
have to be considered in accordance with 1996 rules strictly
in accordance with their inter-se seniority.
17. Thereafter the department has considered
further and passed an order on 11.11.2004. In the said
order, the seniority assigned to the first group of Junior
Telecom Officers particularly in respect of 68 reverted
officers referred to above, was disturbed and the order of
reversion was passed once again with a rider that the same
is subject to the out come of the cases pending before the
Kerala High Court.
18. Subsequently, the department on the basis of
Kerala and Delhi High Court decisions, has passed an order
on 9.3.2009 taking a decision not to disturb the promotion
of the Junior Telecom Officers belonging to the first group.
19. The said order dated 9.3.2009 in No.1548/2005
PERS(DPC) was challenged before the CAT by the second

49
group and vide order dated 25.1.2012, the Tribunal has
passed the impugned order.
20. The second group Junior Telecom Officers who
were promoted as Sub-Divisional Engineers on 29.04.2000
have sought before the Tribunal not only to quash the order
dated 9.3.2009 but also prayed the Tribunal to direct the
respondents to pre-pone the date of their promotion as on
21.10.1998 instead of 29.04.2000, and also to extend
consequential benefits and also for assigning their inter-se
seniority in accordance with the 1996 Rules. The Tribunal
has passed the orders as referred supra.
21. The factual aspects and various proceedings as we
have referred supra, it clears the doubt in OA No.624/1997
itself, the Central Administrative Tribunal has considered
the rival contentions of the parties in detail. It is worth to
note here the order passed in OA No.624/1997, wherein, the
Central Administrative Tribunal has specifically considered
the dispute between the parties at paragraph 3, which we
feel it worth to refer here in the following manner:

50
3. The grievances of the applicants in the

case is that in spite of the above undertaking
given by the department in spite of the
prescription in the new Recruitment Rules, the 1st
respondent had filled up many vacancies which
arose after 23.7.1996 not on the basis of seniority
cum fitness but by candidates who had passed
the qualifying examination as per the earlier Rules
and that this has affected the interests of the
applicants who are expecting promotion under the
new Recruitment Rules. The applicants have,
therefore, sought for a direction to the 3rd
respondent to effect regular promotion against the
vacancies which arose on or after 23.7.1996 after
recasting the seniority list as per the provisions of
the 1996 Recruitment Rules.
The Central Administrative Tribunal, at paragraph 4 of its
order has also observed in the following manner:
4. The respondents in their reply have not

disputed the position that the vacancies which
arose after 23.07.1996 will have to be filled up
only on the basis of seniority-cum-fitness. It is the
case of the respondents that in Karnataka circle
only 61 vacancies existed prior to 23.07.1996. It
51
is further not disputed by the respondents that by

some misinterpretation of the departmental letter,
the 1st respondent had filled up some vacancies
which arose after 23.07.1996 by promoting the
qualified candidates on a temporary ad hoc basis
for the purpose of local arrangement. It is this
action of the 1st respondent which has compelled
the applicants to approach this Forum. Now, the
respondents have given an undertaking that once
the period of that ad hoc arrangement comes to an
end, they would not extend the promotion for a
further period; that only 61 vacancies would be
allocated to the candidates who have passed the
qualifying examination and that even if they have
to make any local or officiating arrangement in
respect of the vacancies which arose after
23.07.1996 they would do so only on the basis of
seniority cum fitness as reflected in the combined
circle gradation list. In view of this clear
undertaking, we do not find that there is any need
to continue this application.
By making such observations and in view of the undertaking
given by the department, the said application was disposed
of.
52
22. Looking to the above said observations, which is
binding on the department and in fact, the department has
taken time for the purpose of implementing the said order in
view of their admission, it is crystal clear that there is no
dispute that from the date the vacancies have to be filled up
on the basis of seniority cum fitness, as per 1996 Rules, and
not under 1981 rules at any stretch of imagination, the
department has in unequivocal terms clarified the situation
that the vacancies which arose after 23.7.1996, would be
filled up on the basis of seniority cum fitness and not on the
basis of 1981 Rules.
23. It is clear from the above said clarification given
by the department, that the Karnataka Circle had only 61
vacancies prior to 23.07.1996 that could have been filled up
as per the 1981 Rules. But promotion was given even after
23.07.1996 to additional 68 Junior Telecom Officers of
Karnataka Circle. Therefore, the department has directed to
revert the remaining 68 Junior Telecom Officers. But the
said order was also not proper as this court has noted that
the Central Administrative Tribunal has set aside the said

53
order and directed not to revert those officers. The
promotions given to the reverted Officers were restored and
their promotions were safeguarded by the orders of the
Central Administrative Tribunal in OA No.624/1997 and as
noted supra. Therefore, it is clear that the promotions given
to the first group and the second group have been kept
intact, but the inter-se seniority has not been clarified by
the department.
24. The Central Administrative Tribunal under the
impugned order has observed that irrespective of creation of
1966 posts or 1369 supernumerary posts after BSNL and
MTNL have shared the posts, the department on its own has
taken the stand that, some posts have been created with
effect from 21.10.1998 to 25.02.2000. This obviously shows
that an effort was made to settle the second group officers
also who received their promotion as on 26.4.2000.
25. The arguments of the learned counsels also
disclose that many of the Officers who were promoted on
21.10.1998 were juniors to the Officers promoted on
26.04.2000. Though the promotion was not disturbed by

54
any of the orders of the courts and Tribunal, nevertheless, it
goes to show that the seniority interse has been disturbed.
For that reason only, the Central Administrative Tribunal
has directed by passing the impugned order.
26. Be that as it may, if 1981 Rules and 1996 Rules
are compared with each other, 1981 Rules envisaged the
promotion of Junior Telecom Officers to the cadre of Sub-
Divisional Engineers i.e., to the extent of 66 2/3rd % by
promotion from the cadre of Junior Telecom Officers with
five year regular service by selection on the basis of
departmental qualifying Examination and 33 1/3rd % by
selection on the basis of limited departmental competitive
Examinations. According to 1996 Rules, which came in to
force on 23.07.1996, the promotion percentage is increased
from 66 2/3rd to 75% and qualification prescribed is the
Junior Telecom Officers, having three years regular service
in the grade on the basis of seniority-cum-fitness and there
is no question of conducting any departmental qualifying
examination. The rest of 25% to be filled-up on the basis of
departmental competitive examination for which we are not

55
concerned. Therefore, 1996 Rules only prescribe the
promotion on the basis of seniority cum fitness.
27. Though the department has made all its efforts
to satisfy its employees, by creating some posts, interse
seniority ought to have been fixed under 1996 rules and not
under 1981 Rules inasmuch as promotions were given to
them after coming into force of 1996 Rules. So far as the
second group of Officers are concerned, there is no dispute
that the promotions were given to them in accordance with
1996 Rules on 29.04.2000. Therefore, it goes without saying
that the promotions given to the first group under 1981
Rules, after coming into force of 1996 Rules, is not correct
and proper.
28. Though the learned counsel Sri Kulkarni made
attempts to convince us that promotions were given
correctly according to 1981 Rules on the basis of the posts
being created prior to the coming into force of 1996 Rules
and therefore, those Officers were accommodated under
1981 Rules, but we are unable to accept the said argument
of the learned counsel for the simple reason that, 1981

56
Rules have been superseded by 1996 Rules. Therefore what
ever the acts done by the department under the 1981 Rules
till 23.07.1996 only are valid. In the absence of any saving
clause in 1996 Rules, the department cannot give any
promotion to any of the Junior Telecom Officers to the
Karnataka Circle to the extent of 68 posts under 1981
Rules, in contravention of 1996 rules, on the guise of policy
decision.
29. We have carefully perused the 1996 Rules. 1996
Rules (Item No.8 of Gazette) came into force on 22nd July
1996. At Rule 8, it prescribes the savings clause which
reads thus:
Savings nothing in these Rules shall affect

the reservation, relaxation of age limit and other
concession required to be provided for the SC/ST, Ex-
serviceman and other Special categories of persons
in accordance with the order issued by the Central
Government from time to time in this regard.
If the above said saving clause is read in its proper
perspective, it is clear that there is absolutely no mention

57
that the policy decision was taken by the department to give
promotion to the qualified JTOs to the promotional post of
Sub-Divisional Engineer under 1981 Rules and that the
same would be saved.
30. What it saved is with reference to the relaxation of
age limit and other concessions provided for SC, ST and
etc., but not the act done by the department under 1981
Rules. 1996 Rules specifically say that they are in super
session of 1981 Recruitment Rules. Admittedly as on the
date of promotion given to the first group, the 1996 Rules
were in vogue and 1981 Rules had been extinguished.
31. In view of the above, we are of the considered
opinion that promotions given, ignoring the inter-se
seniority between the Junior Telecom Officers under the first
and the second group is not in accordance with 1996 Rules.
Both the first and the second group Officers are coming
under the common category i.e., under 1996 Rules which
say that the promotions shall be given only on the basis of
seniority-cum-fitness and not on the basis of selection on
the basis of departmental qualifying examination. Therefore,

58
we do not find any reason to interfere with the judgment
passed by the Central Administrative Tribunal. Hence, the
following order:
The Writ Petitions are dismissed.
The directions given by the Central

Administrative Tribunal at paragraph 27 has to be
complied by the department within four months
from the date of receipt of the copy of this order.
Further, we make it clear that the promotions

given to Junior Telecom Officers of first and second
group to the post of Sub-Divisional Engineers
cadre, shall not be disturbed and there shall not be
any reversion. However, the department is directed
to fix the inter-se seniority of the Officers in the said
cadre and place them in accordance with their
seniority.
Sd/-
JUDGE
Sd/-
JUDGE
PL*

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1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 1ST DAY OF APRIL, 2016

THE HONBLE MR.JUSTICE MOHAN M. SHANTANAGOUDAR

THE HONBLE MR.JUSTICE K.N. PHANEENDRA

IN W.P NO. 11096/2012

1. THE CHAIRMAN & MANAGING DIRECTOR,

2. THE CHIEF GENERAL MANAGER,

1. SRI.D. HRISHIKESH HEBBAR,

2. SRI. SUDHAKAR RAI.K,

4. THE UNION OF INDIA,

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

IN W.P. NOs. 10589/2012 AND 18585-18589/2012,

1. THE CHAIRMAN & MANAGING

2. THE CHIEF GENERAL MANAGER

2. SMT. GEETA K ADIGA,

A/A 59 YRS., OCCN: SUB

4. SRI. S.V. KARKI,

5. SMT. SANDHYA K UPADHYA,

8. ALL INDIA BHARAT SANCHAR

9. SRI. K.R. LEELADHARA S/O K. RAMANNA

10. THE UNION OF INDIA

THESE WRIT PETITIONS ARE FILED UNER ARTICLES 226

IN W.P NO. 10590/2012 AND W.P. NOs. 18578-18584/2012

1. THE CHAIRMAN & MANAGING DIRECTOR,

2. THE CHIEF GENERAL MANAGER,

7. SRI. Y N SATHYANARAYANA RAO,

9. THE UNION OF INDIA,

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES

IN W.P. NO. 11221/2012

1. THE CHAIRMAN & MANAGING DIRECTOR,

2. THE CHIEF GENERAL MANAGER,

2. THE UNION OF INDIA,

SANCHAR BHAVAN, NO.20,

(BY SRI.A.R.HOLLA, ADV. FOR C/R1 [CP NO.794/2012]

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

IN W.P.NO. 12732/2012 AND W.P.NOs. 18676 18680/2012

1. ALL INDIA BHARAT SANCHAR NIGAM LTD.,

BUILDING, 4TH FLOOR, CGMT

4. SANCHAR NIGAM EXECUTIVES ASSOCIATION (INDIA),

2. BHARAT SANCHAR NIGAM LIMITED,

3. CHIEF GENERAL MANAGER TELECOM,

THESE WRIT PETITIONS ARE FILED UNDER ARTILCES

IN WRIT.PETITION NO. 21270/2012

1. THE CHAIRMAN & MANAGING DIRECTOR,

2. THE CHIEF GENERAL MANAGER

(BY SRI.VISHNU BHAT, ADV.)

O/O THE AGM, TELECOM (BSNL)

5. SRI. POSTER THIMMAPPA,

SUB DIVISIONAL ENGINEER,

10. SRI. CHELUVARAJU,

11. SRI.B. RANGASWAMY,

13. SRI.HULGI BASAVARAJ VAARAL,

18. SRI.RAKESH S.KADAM,

20. SRI. AROKIA RAI,

31. SRI.SUNIL GANAPATHI,

CHADA CHAN, BSNL,

33. SRI. RAJKUMAR.L.ASANGI,

36. SRI.J.H.CHANNA KRISHNAPPA,

37. SRI. MARIYAPPA.A.DASAR,

38. THE UNION OF INDIA,

SANCHAR BHAVAN, NO.20,

(BY SRI.A.R.HOLLA, ADV. FOR C/R1 [CP NO.2009/2012]