Rajesh Sekhar C vs Bharat Sanchar Nigam Ltd
2024 Latest Caselaw 11048 Ker

Kerala High Court

Rajesh Sekhar C vs Bharat Sanchar Nigam Ltd on 12 April, 2024

Author: A. Muhamed Mustaque

Bench: A.Muhamed Mustaque

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
         THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
 FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                       OP (CAT) NO. 73 OF 2024
                       IN O.A. NO.214 OF 2023
PETITIONER/APPLICANT:

          RAJESH SEKHAR C, AGED 47 YEARS,
          S/O.P.K.CHANDRASEKHARAN, PANGAPPALLIL HOUSE,
          PANACHIKKADU,KUZHIMATTOM(P.O.), KOTTAYAM, PIN -
          686 533

              BY ADV SAYED MANSOOR BAFAKHY THANGAL


RESPONDENTS/RESPONDENT:

   1      BHARAT SANCHAR NIGAM LTD, REPRESENTED BY ITS
          CHAIRMAN & MANAGING DIRECTOR,BHARAT SANCHAR
          BHAVAN, HARISHCHANDRA MATHUR LANE, JANPATH, NEW
          DELHI, PIN - 110 001

   2      THE DIRECTOR (HR), BHARAT SANCHAR NIGAM LTD,
          BHARAT SANCHAR BHAVAN, ARISHCHANDRA MATHUR
          LANE,JANPATH, NEW DELHI, PIN - 110 001

   3      CHIEF GENERAL MANAGER (TELECOM), BHARAT SANCHAR
          NIGAM LTD.,SANCHAR BHAVAN, PMG
          JUNCTION,THIRUVANANTHAPURAM, PIN - 695 033

   4      THE ASSISTANT GENERAL MANAGER(PE)R-DPC-JM
          CORPORATE OFFICE, PERSONNEL BRANCH, 4TH FLOOR,
          BHARAT SANCHAR BHAVAN, JANPATH , NEW DELHI, PIN
          - 110 001

          SRI. MATHEW K PHILIP            SC BSNL


       THIS    OP   (CAT)   HAVING       COME   UP   FOR   ADMISSION   ON
12.04.2024,      THE   COURT   ON    THE    SAME     DAY   DELIVERED   THE
FOLLOWING:
 O.P.(CAT)No.73 OF 2024

                              ..2..



                  JUDGMENT

A. Muhamed Mustaque, J.

We are not impressed with the request made by the

petitioner for early disposal of the O.A No.214 of 2023 by the

Central Administrative Tribunal. The power of supervisory

jurisdiction under Article 227 of the Constitution of India

cannot be invoked in a such manner to direct the tribunal to

dispose the cases in a time bound manner. The tribunal had

its own procedures and methods to dispose of the cases. We

are sure that such a request can be made before the tribunal

itself and the tribunal will consider the same.

2. The petitioner is free to make such a request before

the tribunal.

With the above observations and directions, this original

petition is disposed of.

Sd/-

A.MUHAMED MUSTAQUE JUDGE

Sd/-

M.A.ABDUL HAKHIM JUDGE PR O.P.(CAT)No.73 OF 2024

..3..

APPENDIX OF OP (CAT) 73/2024

PETITIONER ANNEXURES

Annexure A1 to TRUE COPY OF RECRUITMENT RULES OF Exhibit P1 SDE(T) 2002 DATED 28-02-2002

Exhibit P1 THE TRUE COPY OF THE O.A NO.214 OF 2023 DATED 15-05-2023 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL

Annexure A2 to TRUE COPY OF THE EXAMINATION NOTICE Exhibit P1 VIDE LETTER NO.24-1/2014 DATED 13-11- 2014, ISSUED BY THE ASSISTANT GENERAL MANAGER BSNL

Exhibit P2 THE TRUE COPY OF THE REPLY STATEMENT DATED 12-07-2023 FILED BY THE RESPONDENTS IN O.A NO.214 OF 2023 ON THE FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL

Exhibit P3 THE TRUE PHOTOSTAT COPY OF THE REJOINDER TO EXHIBIT P2 REPLY STATEMENT DATED 29-09-2023

Exhibit P4 THE TRUE COPY OF THE LETTER DATED 15- 03-2024 ISSUED BY THE 1ST RESPONDENT TO ALL CHIEF GENERAL MANAGERS, BSNL, TELECOM CIRCLES

Annexure A4 to TRUE COPY OF THE ORDER DATED 08-07-

Exhibit P1 -         2021

Annexure A5 to       TRUE COPY OF THE ORDER 21-12-2021
Exhibit P1           ISSUED BY THE DEPUTY GENERAL MANAGER

Exhibit P5           THE PRINT OUT OF THE CASE HISTORY OF

THE O.A NO.214 OF 2023 OBTAINED FROM THE OFFICIAL WEBSITE OF CENTRAL ADMINISTRATIVE TRIBUNAL O.P.(CAT)No.73 OF 2024

..4..

Annexure A6 to       TRUE COPY OF THE 30-12-2021 ISSUED BY
Exhibit              THE AGM

Annexure A7 to       TRUE COPY OF THE REPLY DATED 19-07-
Exhibit              2022 FROM CPIO & JT.

Annexure A8 to       TRUE COPY OF THE R.R OF THE SDE(T)
Exhibit P1           2023, DATED 11-04-2023 ISSUED BY THE
                     ASSISTANT GENERAL MANAGER

Annexure A9 to       TRUE COPY OF THE LETTER DATED 28-04-
Exhibit P1           2023 OF AGM

Annexure 10 to       TRUE COPY OF THE REPRESENTATION DATED
Exhibit P1           03-05-2023 SUBMITTED BY THE APPLICANT

THROUGH PROPER CHANNEL TO CHAIRMAN AND MANAGING DIRECTOR

Annexure R1(a) to TRUE COPY OF THE NOTIFICATION DATED Exhibit P2 15-05-2023 FOR CONDUCT OF PROMOTION TO SDE UNDER THE 33 % LICE QUOTA

Annexure R1(b) to TRUE COPY OF THE LETTER DATED 23-11- Exhibit P2 2021 OF THE RESTRUCTURING BRANCH OF BSNL

Annexure R1(c) to TRUE COPY OF THE AMENDED SDE RR 2002 Exhibit P2

Annexure A11 TRUE COPY OF THE DOPT OM DATED 04-03-