EDAVANAKKAD TELEPHONE SUBSCRIBERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners are subscribers in various telephone exchanges including rural exchanges coming within the Secondary Switching Area of Ernakulam, Kottayam and Pathanamthitta Districts. They are aggrieved by the enhancement of bi-monthly rental by the Telecommunication department. Petitioners submit there is no rationale in the enhancement of rental, which according to them, is arbitrary and violative of Article 14 of the Constitution of India. Counsel submitted that no reasonable classification has been maintained between subscribers in the urban and rural areas. In any view of the matter, counsel submitted, before enhancement of rental, there was no public notice and the same was effected contrary to the provisions of Rules. Reference was made to Rule 434 of the Indian Telegraph Rules, by which, counsel submitted, telegraph authority is bound to publish a draft of its proposal to revise the local area of an exchange system and after considering objections or suggestions received from the person likely to be affected thereby revise such an area by notification in the official gazette. Almost similar contentions are raised in all the cases.

(2.) A counter-affidavit has been filed by the Telecommunication department in O.P. No. 16933 of 1998, and also an additional counter-affidavit in O. P. No. 17770/98. Relying on the counter-affidavits counsel submitted that department is competent to modify the telephone rules pertaining to tariff, licence fee, etc. Further, counsel submitted, Central Government is empowered to make rules and amend the rules under the Indian Telegraph Rules, and by the amendment 'local area' has been redefined. In the additional counter-affidavit filed by the department, it is stated that the benefits already given to rural packages are retained and therefore petitioners are not in any way prejudicially affected.

(3.) We have to examine the contentions of counsel for the petitioners in the light of the amended definition of 'local area' under the Indian Telegraph Rules. Consequent on the implementation of the revised definition of "local area" with effect from 15-8-1998, there will be only seven local areas in Ernakulam SSA/LDCA and all exchanges within the revised local areas will be treated as part of the multi exchange system, and there will be four local areas in Kottayam SSA (Secondary Switching Area)/LDCA (Long Distance Charging Area), and all exchanges within the revised local area would be treated as part of the multi-exchange system. So also on the implementation of the revised definition of local area, there will be only four local areas in Pathanamthitta SSA/LDCA, and all exchanges within the revised local area would be treated as part of the multi-exchange system.