ASHOK KUMAR K.G. Vs. ISMAIL.E.I

JUDGEMENT

(1.) Dated this the 06th day of February, 2020 The petitioners are Junior Telecom Officers (for short JTOs) with the Bharat Sanchar Nigam Limited (for short BSNL) who challenge Ext.P11 and P13 orders as produced in O.A No.1056/2012, from which arises O.P(CAT) No.99/2019. The essential contention advanced is that the benefit accrued to the petitioners by an order of the Tribunal; in an O.A filed by them challenging fixation of pay when they were officiating in the post of JTOs, as affirmed in Ext.P14 judgment of this Court, has been interfered with in the impugned orders.

(2.) We have heard Sri.T.A Shaji Senior Counsel and Sri.T.C Govindaswami appearing for the petitioners and Senior Counsel Sri.Jaju Babu, instructed by Sri George Kuruvilla, the Standing Counsel for the respondent BSNL.

(3.) The issue agitated in the earlier stage was with respect to whether the fixation of pay has to be done under Fundamental Rule FR 22(I)(a)(1) or FR.35. Now the question agitated is also of fixation of pay as on 01.01.2007; when a revision in pay was implemented, for the executive Cadre under Ext.P1 and for the non-executive Cadre under Ext.P3. It is the claim of the petitioners that since they have been officiating in the post of JTO, within the executive Cadre, necessarily the revision of their pay should be as per Ext.P1.