The High Court of Kerala dismissed a writ petition filed by casual workers of BSNL challenging the qualifications of others appointed as Telecom Technical Assistants. The Court held the petition was not maintainable as the petitioners failed to show they were aggrieved or claimed the posts themselves.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939
WP(C).No. 5856 of 2018
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PETITIONER(S)
RESPONDENT(S):
1. GENERAL MANAGER, TELECOM, B.S.N.L BHAVAN, KANNUR 2
2. DEPUTY GENERAL MANAGER (ADMINISTRATION). OFFICE OF THE GENERAL MANAGER, TELECOM, B.S.N.L.BHAVAN,
3. CHIEF GENERAL MANAGER,
BY SRI.MATHEWS K.PHILIP,SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.V.
WP(C).No. 5856 of 2018 (F)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P1: TRUE COPY OF THE TTA RECRUITMENTS RULES 2014. EXT.P2: TRUE COPY OF THE APPLICATION DATED 31.07.2017 SUBMITTED BY PETITIONER NO.1 EXT.P3: TRUE COPY OF THE REPLY DATED 07.09.2017 FURNISHED BY RESPONDENT. EXT.P4: TRUE COPY OF THE REPRESENTATION DATED 28.10.2017 SUBMITTED BEFORE RESPONDENT NO.1.
RESPONDENTS EXHIBITS: NIL
/TRUE COPY/
K.V. P.S.TO JUDGE 6.03.2018
P.V.ASHA, J.
W.P(C) No.5856 of 2018-F
Dated this the 5th day of March, 2018
JUDGMENT
The petitioners, who are Casual Workers in BSNL, have filed this writ petition praying for a direction to make a thorough examination of the whole process of appointment of Telecom Technical Assistant, which was made as per the list shown in Ext.P3. According to them, the persons included in Ext.P3 list are not having the requisite qualification. According to the petitioners, these appointments have been made from 2001 onwards. The list Ext.P3 contains the names of Telecom Technical Assistants working in Kannur Secondary Switching Area in BSNL.
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W.P(C) No.5856 of 2018-F
this nature is not maintainable at the instance of the petitioners. The petitioners cannot be persons who are aggrieved and the petitioners do not also challenge the appointments made. They have not even furnished the orders of their appointments or the details of the appointments objected or at least the date of their appointments.
In the above circumstances, the writ petition fails and is accordingly dismissed.
Sd/-
(P.V.ASHA, JUDGE)
rtr/
2 issues framed by the court
Whether a writ petition challenging the validity of appointments of persons not claiming the posts is maintainable.
Whether the petitioner has locus standi to challenge appointments of other persons without challenging their own appointment.
Benny Muttathil @ Benny Mathew
Santhosh Thottathil
General Manager, Telecom, B.S.N.L Bhavan, Kannur
Deputy General Manager (Administration), B.S.N.L Bhavan, Kannur
Chief General Manager, Kerala Circle, BSNL, Thiruvananthapuram
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
