BHARATH SANCHAR NIGAM LTD. Vs. K. K. VIJAYAN

JUDGEMENT

(1.) This petition is directed against the judgment dtd. 16/12/2019 in O.A.No.32 of 2016 preferred by the respondents/ applicants. All the respondents/applicants, (9) in number, had been on the rolls of the department of Post and Telegram as Regular Mazdoors since 1988. In 1999, were promoted as Telecom Mechanic. With effect from 1/10/2000, the department of Telecommunication merged with the BSNL. One, Sri.T.O. Varghese, who was also appointed in 1993 as Regular Mazdoor was promoted on 6/11/2002 to Telecom Mechanic. Though the cadres for promotion to Telecom Mechanic was of Regular Mazdoor even in respect of the applicants and as well as Sri.T.O Varghese, but, owing to certain extra ordinary work being rendered by him, had earned certain increments and his Pay Scale at the time of promotion as Telecom Mechanic was 3200-85-4900.

(2.) It is pertinent to mention here that all the employees before the merger, were drawing Central Dearness Allowance scale. But, on the coming into force of the Bharat Sanchar Nigam Limited (BSNL), were switched over to Industrial Dearness Allowance (IDA) Pay Scale and the Pay Scales were fixed from point to point on the basis of the increments earned. In the IDA Pay Scale, Sri.T.O.Varghese was placed in Rs.5225.00, whereas the applicants were in the Pay Scale of Rs.5020.00 and Rs.4870.00. In this regard, had submitted representation to step up their pay., as, concededly, Sri.T.O Varghese in the cadre of Telecom Mechanic was much junior to them, as he was promoted on 6/11/2002 vis-a-vis their promotion in 1999.

(3.) Besides the aforementioned pleadings, reliance was also laid to various judgments rendered in O.A.Nos.902 of 2009, 741 of 2010, 558 of 2010, 743 of 2010, 846 of 2010 and other similar cases, covered under the various judgments dtd. 1/8/2011, 14/1/2011 and 3/11/2000, which was subsequently upheld by this Court by common order dtd. 8/8/2011 in O.P(CAT) No.1776 of 2011 and connected cases. In respect of (192) officials, the matter was upheld by the Hon'ble Supreme Court in SLP No.4142/2012/11 dtd. 20/3/2012 and SLP No.4142/2012/20 dtd. 30/3/2012.