THE CHAIRMAN & MANAGING DIRECTOR, BHARAT SANCHAR NIGAM LIMITED, NEW DELHI AND OTHERS: Vs. R. RAMESWAN, JUNIOR TELECOM OFFICER, O/O THE DIVISIONAL ENGINEER, CABLE A/T, TVM SSA, THIRUVANANTHAPURAM AND OTHERS

JUDGEMENT

(1.) The vital point to be considered and answered by this Court in these Petitions is whether the fixation of pay is to be made on the basis of Rule 22(1)(a)(1) or FR 35 of the Fundamental Rules. Reliance is sought to be placed on the former Rule from the part of the applicants, whereas the action pursued by the Department is sought to be justified with reference to FR 35. The challenge is against Ext. P5 order passed by the Central Administrative Tribunal answering the issue in favour of the applicants and against the BSNL.

(2.) Heard the learned Standing Counsel appearing for the BSNL and the learned Counsel appearing on behalf of the respondents at length.

(3.) The pleadings and proceedings are referred to as given in W.P.(C)No.23850/2010, except where reference is made separately depending upon the context.