ALOK KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) PETITIONERS want direction upon the respondents to promote them on the post of the Junior Hindi Translator from the date of their passing of the limited internal competitive examination which was held in February, 2004. They have been appointed to the post on 13 September, 2007 which is not disputed. They also want a direction for payment of salary and other allowances payable on the post from the date indicated above.

(2.) BOTH the petitioners are employees of the respondent Bharat Sanchar Nigam Limited (hereinafter to be referred to as BSNL). They have been working under the respondents for quite a while. When in the year 2003 the respondents decided to hold or conduct a limited internal competitive examination for filling up some vacancies on the post of Junior Hindi Translators, petitioners found this as an opportunity for better avenue than the post on which they were working. Applications were invited from the employees and both the petitioners who were otherwise eligible made applications. Examination was held and the two petitioners appeared in the examination on 12.2.2004. They received a communication also from respondent no.2 vide letter dated 20.5.2004 contained in annexure -4 that they have qualified in the said examination and their case for appointment shall be considered keeping in mind the vacancies, the reservation for SC/ST in terms of the rules etc. In terms of a communication dated 10.8.2004 contained in annexure -5 it has emerged that at the relevant time there was only one vacancy for Junior Hindi Translator in Bihar Circle at that point of time. But no final decision was taken by the respondents to fill up the post. The matter remained pending for some reasons and a final decision appointing the petitioners on the said post came to be issued only on 13th September, 2007 as would be evident from Annexure -17 to the writ application. In the normal circumstances this development during the pendency of the writ application should have allowed the matter to rest but it is not so. Some development in the meanwhile has irked the petitioners and they filed Interlocutory Application No. 327 of 2008.

(3.) IT seems that during the pendency of consideration of the case of the petitioners for appointment on the lone post certain developments took place at the Headquarters. On the request of private respondent No.7, an employee working under Assam Telecom Circle at Dibrugarh was transferred to Bihar Telecom Circle in terms of Rule 38 of P & T Manual, Vol. lV. Private respondent Brajesh Kumar based on the transfer order dated 9th February, 2005 came and joined the solitary post of Junior Hindi Translator in Bihar Telecom Circle. This has marred their right to be appointed to the post at the appropriate time and has delayed the matter for them by many a years. They want ouster of the private respondent therefore from the said post.