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2012 Supreme(Ker) 316

C.N.RAMACHANDRAN NAIR, P.S.GOPINATHAN
V. Boban Lal – Appellant
Versus
Bharat Sanchar Nigam Limited, Represented By Its Chairman And Managing Director Corporate Office – Respondent


Advocates Appeared:
For the Petitioners:P. Ravindran (Sr.), Mrs. S. Sheeja Kumari, Mrs. Aparna Rajan, Advocates.
For the Respondent:Mathews K. Philip, SC, K. Babu Rajan, T.A. Sree Kumar, R. Rajeev, K.P. Dandapani (Sr.), Millu Dandapani, Advocates, T.P.M. Ibrahim Khan, Asst.S.G.

Judgment :

P.S. Gopinathan, J:

1. The order dated 23.2.2010 in O.A.No.16 of 2009 on the file of the Central Administrative Tribunal, Ernakulam is assailed in these petitions. O.P.(CAT)No.335 of 2010 is filed by the respondents in the above O.A. The respondent is the applicant before the Tribunal. He was working as Junior Telecome Officer (JTO) under the petitioners. As per the special rules, 75% of the post as Sub Divisional Engineers (SDE) are to be filled up by promotion from JTOs on the basis of seniority and fitness. Remaining 25% is to be filled up on the basis of the departmental competitive examination. Though the special rules came into force with effect from 22.7.1996 no departmental competitive examination was conducted till 2002 for the so-called administrative reasons. As per proceedings dated 28.12.2001, a copy of which was produced as Annexure-AI before the Tribunal, more than 6000 Junior Telecoms Officers (JTOs) were promoted and posted. Thereafter, a departmental competitive examination was conducted in 2002. Many of the JTOs promoted as Sub Divisional Engineers by Annexure-AI also applied for the competitive examination including the respondent in O.P(CAT) No.335 of







































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