Disposed

Kerala Pradesh Ex-Servicemen Congress(I) v. Union of India & Others

Kerala HC2 Jul 2012WP(C)/6045/2011

Case brief

AI extract

What is this about?

This Court disposed of a writ petition filed by Ex-servicemen alleging premature termination by BSNL and lack of proper procedure. The Court directed the First Respondent to consider the pending representation submitted by the petitioners, afford an opportunity of being heard, and pass appropriate orders within three months.

What did the court decide?

The Court directed the First Respondent to consider the pending representation, afford an opportunity of being heard, and pass appropriate orders within a period of three months.

Kerala Pradesh Ex-Servicemen Congress(I) Vs Union of… — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

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MONDAY, THE 2ND DAY OF JULY 2012/11TH ASHADHA 1934

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WP(C).No. 6045 of 2011 (E)

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PETITIONERS:

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KERALA PRADESH EX-SERVICE CONGRESS (I) (REGOGNISED BY THE GOVERNMENT OF KERALA

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VIDE CIRUCLAR NO.84337/SW/91/GAD)

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REPRESENTED BY ITS CONVENOR

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SRI. PRABHAKARAN VELLOOR.

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PRASAD.K.P,M S/O. PALLI.K.C, KUZHIYALLPADAVIL HOUSE, POST MEKKADAMPU

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PIN - 682 316, MUVATTUPUZHA, ERNAKULAM DISTRICT.

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AJITH KUMAR.T.K,

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S/O.LATE K.P. KUNHIKANNAN NAMBIAR

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PAYYANTHATTIL (H), POST THAZHAMUNDA, VIA KENICHIRA

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WAYANAD DISTRICT - 673 596.

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R. HARIKARA KURUP,

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S/O. LAGE RAMACHANDRAN PILLAI, HARINIVAS KANICHANKUNGARA.P.O, ALAPPUZHA DISTRICT.

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K.P. BALASUBRAMANIAN,

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S/O. LATE DAMODHARAN, KUVVAPPATHIL HOUDSE

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KALLADATHUR POST, KUMARANELLUR

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PALAKKAD DISTRICT - 679 552.

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PADMANABHAN, S/O.P. KRISHNAN NAIR,

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PADMAM, PATHALIKKARA, PERINTHALMANNA POST

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MALAPPURAM DISTRICT.

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BY ADVS.SRI.K.MOHANAKANNAN

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SMT.A.R.PRAVITHA

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RESPONDENTS:

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UNION OF INDIA,

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MINISTRY OF TELECOMMUNICATION AND IT

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REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF

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INDIA, NEW DELHI - 110 001.

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THE DIRECTOR GENERAL OF RE-SETTLEMENT (DGR), WEST BLOCK-IV, R.K. PURAM NEW DELHI - 110 055.

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BHARAT SANCHAR NIGAM LTD. (BSNL), REPRESENTED BY CHAIRMAN-CUM-MANAGING DIRECTOR BHARAT SNACHAR BHAVAN, JANAPATH, NEW DELHI - 110 001.

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THE CHIEF GENERAL MANAGER, BHARAT SANCHAR NIGAM LTD. (BSNL), KERALA CIRCLE THIRUVANANTHAPURAM- 695 001.

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THE GENERAL MANAGER TELECOM,

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BHARAT SANCHAR NIGAM LTD.

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PALAKKAD SECONDARY SWITCHING AREA, PALAKKAD-14.

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THE GENERAL MANAGER TELECOM,

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BHARAT SANCHAR NIGAM LTD.

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MALAPPURAM SECONDARY SWITCHING AREA

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MALAPPURAM DISTRICT - 676 519.

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THE GENERAL MANAGER TELECOM,

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BHARAT SANCHAR NIGAM LTD.

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KOZHIKODE SECONDARY SWITCHING AREA

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KOZHIKODE DISTRICT - 673 001.

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THE GENERAL MANAGER TELECOM, BHARAT SANCHAR NIGAM LTD.

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ERNAKULAM SECONDARY SWITCHING AREA

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ERNAKULAM DISTRICT - 682 016.

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THE GENERAL MANAGER TELECOM, BHARAT SANCHAR NIGAM LTD. ALAPPUZHA SECONDARY SWITCHING AREA ALAPPUZHA DISTRICT - 688 001.

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BY ADV. SHRI.C.K.JAYAKUMAR, CGC BY ADV. SRI.C.S.RAMANATHAN BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA BY SRI.MATHEWS K.PHILIP,SC, BSNL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-07-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER's EXTS:

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EXT.P1: TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DT.16.11.2010

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EXT.P2: -DO- OF THE ORDER DT.1.12.2010 IN W.P(C) NO:18058/2010 OF THE HONOURABLE HIGH COURT OF CHENNAI

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EXT.P3: -DO- OF THE ORDER DT.15.11.2010 IN W.P(CIVIL)NO: 291 OF 2010 OF THE HONOURABLE SUPREME COURT OF INDIA

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EXT.P4: -DO- OF THE ORDER DT.3.8.2009 PASSED BY THE 1ST RESPONDENT

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EXT.P5: -DO- OF THE ORDER DT.20.1.2010 PASSED BY THE BSNL CORPORATE OFFICE

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EXT.P6: -DO- OF THE JUDGMENT DT.21.2.2010 IN WP(C) NO:37316/2010 OF THIS HONOURABLE COURT.

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EXT.P7: -DO- OF THE NOTICE NO:BSNL /DOT/PSU DT.NIL ISSUED BY THE BSNL

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EXT.P8: -DO- OF THE RELEVANT PAGE OF NOTIFICATION ISSUED BY THE 6TH RESPONDENT DT.9.12.2010

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EXT.P9: -DO- OF THE RELEVANT PAGE OF THE NOTIFICATION ISSUED BY THE 7TH RESPONDENT ON 20-12-2010

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EXT.P10: -DO- 8TH RESPONDENT DT.9.2.2011

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EXT.P11: -DO- DT.4.2.2011 ISSUED BY THE 9TH RESPONDENT

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EXT.P12: -DO- OF THE RELEVANT PAGES OF THE NOTIFICATION DT.31.1.2011 ISSUED BY THE THRISSUR SECONDARY SWITCHING AREA

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EXT.P13: -DO- OF THE OFFICE MEMORANDUM DT.18.3.1996 ISSUED BY THE GOVERNMENT OF INDIA

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EXT.P14: -DO- DT.1.2.1999 ISSUED BY THE GOVERNMENT OF INDIA

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EXT.P15: -DO- DT.6.8.2001 ISSUED BY THE MINISTRY OF TELECOMMUNICATION

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EXT.P16: -DO- OF THE LETTER DT.3.4.2008 ISSUED BY THE GOVERNMENT OF INDIA

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EXT.P17: -DO- OF THE REPRSENTATION DT.7.12.2010 SUBMITTED BY THE 1ST PETITIONER ASSOCIATION

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RESPONDENTS' EXTS:

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EXT.R2A: THE COPY OF THE COMPARATIVE STUDY DONE IN THE KERALA CIRCLE AND PUBLISHED IN THE THARANGADHWANI OF THE JULY 2008 ISSUE

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EXT.R2B: -DO- OF THE LETTER DT.15/9/2008 OF THE CORPORATE OFFICE

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EXT.R2C: -DO- JUDGMENT DT.27/3/2009 IN WRIT PETITION 7631/2009

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EXT.R2D: -DO- DT.24/6/2009 IN W.A.785/2009

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EXT.R2E: -DO- OF THE LETTER DT.20/1/2010 OF THE CIRCLE OFFICE EXT.R2F: -DOEXT.R2G: -DO- DT.29-10-2010 OF THE CORPORATEOFFICE EXT.R2H: -DO- DIRECTION DT.2-11-2010 OF THE CIRCLE OFFICE JJ /TRUE COPY/

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P.S.TO JUDGE

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K. SURENDRA MOHAN, J.

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W.P(C) NO: 6045 OF 2011 ----------------------------------------------------------Dated this the 2^nd July, 2012.

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JUDGMENT

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The first petitioner is a recognized association of Exservicemen. The other petitioners are Ex-servicemen working as Security Guards under the BSNL, the third respondent herein. The deployment of security guards to the various institutions of the third respondent are done on the basis of empanelment by the Director General of Re-settlement (DGR). The same is also governed by the guidelines issued by the DGR. The petitioners complain that the third respondent is indulging in premature termination of security guards. For employing security guards also, it is contended that no proper procedure is being followed.

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When this writ petition is taken up today, the counsel for the petitioner limits his contention to seeking a direction to the first respondent to consider and dispose of Ext.P17 representation that is pending before the said authority. Adv.Shri. C.S.Ramanathan who appears for the third respondent does not have any objection to the said relief being granted.

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WPC 6045/2011

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In the above circumstances, this writ petition is disposed of directing the first respondent to consider the grievances of the petitioner set out in Ext.P17 representation in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of three months of the date of receipt of a copy of this judgment, after affording an opportunity of being heard to a representative of the first petitioner also.

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Sd/K. SURENDRA MOHAN Judge

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jj /True copy/

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P.S.to Judge

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WPC 6045/2011 3

Kerala Pradesh Ex-Servicemen Congress(I) v. Union of India & Others

Case brief

What is this about?

What did the court decide?

Kerala Pradesh Ex-Servicemen Congress(I) v. Union of India & Others

Case brief

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