THE SECRETARY MINISTRY OF TELECOMMUNICATION NEW DELHI vs P V KRISHNAKUMAR

Court
Central Administrative Tribunal

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CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
R.A.No.180/00032/2025 in O.A.No.180/00870/2018,
R.A.No.180/00029/2025 in O.A.No.180/00397/2019,
R.A.No.180/00034/2025 in O.A.No.180/00105/2019,
R.A.No.180/00039/2025 in O.A.No.180/00469/2019,
R.A.No.180/00040/2025 in O.A.No.180/00415/2019,
R.A.No.180/00019/2026 in O.A.No.180/00124/2019
&
R.A.No.180/00020/2026 in O.A.No.180/00900/2019
st
Tuesday this the 1 day of September 2026
C O R A M :
HON'BLE Mr.JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
R.A.No.180/00032/2025 in O.A.No.180/00870/2018
1. Bharath Sanchar Nigam Ltd.,
represented by its Chairman and Managing Director,
Sanchar Bhavan, New Delhi 110 001.
2. Chief General Manager,
Telecommunication, BSNL,
Kerala Circle, Thiruvananthapuram - 695 003.
3. The General Manager,
Transmission Projects, Madurai.
4. The Deputy General Manager,
Transmission Projects Telecommunication,
CTSD Complex, Gandhi Nagar,
Ernakulam-682 020. ...Review Applicants
(By Advocate Mrs.Girija.K.Gopal)
v e r s u s
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1. P.V. Krishnakumar,
S/o.Late Vamakesan, Aged 49 years,
working as Regular Mazdoor,
Transmission Project, BSNL,
Gandhi Nagar, Ernakulam.
Residing at Pazhamana Parambu,
Vaduthala, Kochi-682 023.
2. Union of India,
represented by the Secretary to Ministry of Telecommunication,
New Delhi, 110 001.
3. Director (Esst-Kerala), Department of Telecommunications,
O/o.the Director (Establishment),
Thiruvananthapuram-695 033. ...Respondents
(By Advocates Mr.Nirmal.V.Nair [R-1]
& Mr.N.Anilkumar, SPCGC [R2-3])
R.A.No.180/00029/2025 in O.A.No.180/00397/2019
1. Bharath Sanchar Nigam Ltd.,
represented by its Chairman and Managing Director,
Sanchar Bhavan, New Delhi 110 001.
2. Chief General Manager, Telecommunication, BSNL,
Kerala Circle, Thiruvananthapuram - 695 003.
3. The Principal General Manager,
Telecommunication, Thrissur - 680 022. ...Review Applicants
(By Advocate Mrs.Girija.K.Gopal)
v e r s u s
1. K.A. Santhakumari,
W/o.Late T.S. Mani,
Aged 59 years,
working as Telecom Technician,
5ESS Telephone Exchange, Guruvayur.
Residing at Thachattiri House, Perumpilavu.
Thippilissery, Thrissur-680 519.
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2. Union of India, represented by the Secretary
to Ministry of Telecommunication, New Delhi - 110 001.
3. Director (Esst-Kerala),
Department of Telecommunications,
O/o.the Director (Establishment),
Thiruvananthapuram-695 033. ...Respondents
(By Advocate Mr.Nirmal.V.Nair
& Mr.M.N.Manmadan, SCGSC)
R.A.No.180/00034/2025 in O.A.No.180/00105/2019
1. Bharat Sanchar Nigam Limited,
represented by its Chairman and Managing Director,
Janpath Road, Jannath, New Delhi – 110 001,
represented by its Chairman cum Managing Director.
2. The Chief Accounts Officer (Estt),
Office of PGMT, BSNL Bhavan,
Ernakulam, Kochi – 682 016. ...Review Applicants
(By Advocate Mrs.Girija.K.Gopal)
v e r s u s
Abhilash N.P, Aged 37 years,
S/o.late C.K. Kunjanbava,
Telecom Technician,
Office of SDE Transmission Maintenance,
BSNL, Telephone Exchange,
Tripunithura – 682 301. ...Respondents
(By Advocate Mr.P.Ramakrishnan)
R.A.No.180/00039/2025 in O.A.No.180/00469/2019
1. Bharat Sanchar Nigam Limited,
represented by its Chairman and Managing Director,
Janpath Road, Jannath, New Delhi – 110 001.
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2. The Chief General Manager – Telecom,
Office of the Chief General Manager – Telecom,
BSNL, Thiruvananthapuram – 695 033. ...Review Applicants
(By Advocate Mrs.Girija.K.Gopal)
v e r s u s
1. C.Vasudevan, Aged 60 years,
S/o.Krishnankutty Nair,
Retired Motor Driver Grade – 1,
B.S.N.L, STR Outdooor, Kalpetta.
Residing at Aswathy Nivas, Thekkumthara P.O.,
Kalpetta Via, Wayanad – 673 122.
2. Union of India
represented by Secretary to Government,
Department of Telecommunication,
Ministry of Communication and IT,
Sanchar Bhavan, New Delhi – 110 001.
3. Director (Estt-Kerala),
Office of the Director (Estt-Kerala),
Department of Telecommunication,
Thiruvananthapuram – 695 033. ...Respondents
(By Advocates Mr. P. Ramakrishnan, Mrs.Preethi Ramakrishnan,
Mr.Pratap Abraham Varghese [R-1]
& Mr.Thomas Mathew Nellimoottil [R2-3])
R.A.No.180/00040/2025 in O.A.No.180/00415/2019
1. Bharat Sanchar Nigam Limited,
represented by its Chairman and Managing Director,
Janpath Road, Jannath, New Delhi – 110 001.
2. The Chief General Manager – Telecom,
Office of the Chief General Manager – Telecom,
BSNL, Thiruvananthapuram – 695 033. ...Review Applicants
(By Advocate Mrs.Girija.K.Gopal)
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v e r s u s
1. Suvi C.R, Aged 46 years, S/o.Ravindran C.N,
Junior Engineer, Digital Transmission Station,
BSNL, STR, Kanjirapapilly.
Residing at Chengalikuzhiyil,
Manarcaud P.O., Kottayam – 686 010.
2. Rajesh M.S, Aged 48 years,
S/o.late V.R Sreedharan Nair,
Junior Engineer, BSNL Exchange,
Makarapparamba, Malappuram.
Residing at Madasseril, Thiruvankulam,
Tripunithura – 692 305.
3. Jackson V.P, Aged 47 years, S/o.Pope,
Motor Driver Grade I, Optical Fibre Station,
BSNL, STR, Aluva.
Residing at Vadakkumchery,
Melur P.O., Chalakudy – 680 311.
4. Union of India
represented by Secretary to Government,
Department of Telecommunication,
Ministry of Communication and IT,
Sanchar Bhavan, New Delhi – 110 001.
5. Director (Estt-Kerala),
Office of the Director (Estt-Kerala),
Department of Telecommunication,
Thiruvananthapuram – 695 033. ...Respondents
(By Advocates Mr.P. Ramakrishnan, Mrs.Preethi Ramakrishnan
Mr.Pratap Abraham Varghese [R1-3]
& Mr.C. Rajendran, SCGSC [R4-5])
R.A.No.180/00019/2026 in O.A.No.180/00124/2019
1. Bharat Sanchar Nigam Limited (BSNL),
represented by Chairman and Managing Director,
Sanchar Bhavan, New Delhi – 110 001.
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2. Chief General Manager, BSNL,
Kerala Circle, Thiruvananthapuram – 695 033.
3. Principal General Manager, BSNL,
Thiruvananthapuram – 695 001. ...Review Applicants
(By Advocate Mrs.Girija.K.Gopal)
v e r s u s
1. Manjula P.M., W/o Biju K.G, Aged 39 years,
Working as Accounts Officer, BSNL,
Office of DGM (TR), CTX Building,
Statue, Trivandrum – 695 001.
Residing at Gurunirmitham House,
Nellikad, Shanthigiri P.O., Trivandrum – 695 589.
2. Union of India
represented by Secretary,
Ministry of Communication,
New Delhi – 110 001. ...Respondents
(By Advocate Mrs. Sumathi Dandapani, Sr.
along with Mr.Millu Dandapani [R-1]
& Mr.M.N.Manmadan, SCGSC [R-2])
R.A.No.180/00020/2026 in O.A.No.180/00900/2019
1. Bharat Sanchar Nigam Limited
represented by Chairman and Managing Director,
Sanchar Bhavan, New Delhi – 110 001.
2. The Director (Establishment),
Office of the Chief General Manager,
Bharath Sanchar Nigam Limited,
Kerala Circle, Thiruvananthapuram – 695 033.
3. The Chief General Manager, Telecom,
Kerala Circle, Thiruvananthapuram – 695 033.
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4. The General Manager,
Bharath Sanchar Nigam Limited,
Thrissur, Kerala – 680 020. ...Review Applicants
(By Advocate Mrs.Girija.K.Gopal)
v e r s u s
1. Vipin K.L., Aged 38 years,
S/o.Late K.G. Lohidhakshan,
Working as Telecom Technician,
Kandasankadavu Telephone Exchange,
Thrissur SSA, BSNL, Thrissur – 680 613.
Residing at Kumbalathuparambil House,
Arimpoor P.O., Thrissur – 680 620.
2. Union of India,
represented by the Secretary to Government of India,
Ministry of Communication,
New Delhi – 110 001. ...Respondents
(By Advocate Mr. M.R Hariraj, Sr. along with Ms.Gisha.G.Raj,
Ms.Raheena.P.I., Ms.Alina Anna Kose, Ms.Akhila.S.,
Ms.Karthika Ganesh, Mr.Vishnu Prasad.N.K.,
Ms.Sandhra Maria Sebastian, Mr.Nayanlal.A.,
Mrs.Jayalakshmi.G.Nair, Mr.Viswajith.C.K., Mr.K.Rajagopal,
Mr.M.B.Jayaraj & Ms.Ganga.A.Sankar
& Mr.M.N.Manmadan [R-2])
th
These Review Applications having been heard on 13 August,
st
2026 the Tribunal on 1 September 2026 delivered the following :
O R D E R
HON'BLE Ms.V.RAMA MATHEW, ADMINISTRATIVE MEMBER
The respondent in the O.As has filed these R.As contending that
that since there are errors of law and facts which are very apparent on the
face of record, the common order passed in the O.A.No.870/2018 and
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connected matters is liable to be reviewed. Primarily the suggestion has
been that there are differences in the factual matrix involved in all the
cases and that there are variations in the legal position in respect of each
of the applicants in the O.A which this Tribunal has not taken note of.
2. The essential contention was that the Tribunal has not taken note
of the variations both in factual and legal matrix involved in each of
these cases and passed a common order. Hence this order will not cover
all the issues raised. It is their clear submission that the two issues do
not need re-consideration ie., the date of Presidential Order and the
absorption order and therefore it is the remaining five questions which
need to be dealt with in these R.As., the difficulty being that since there
is a single common order, R.As had to be filed as it could not be
independently dealt with. In O.A.No.469/2019 and O.A.No.415/2019
apparently there is no issue at all and do not form part of the R.A except
for the issue of a common order.
3. If we look at the order itself we will note that there was a very
clear order on 23.09.2024 which listed the batch of cases. It reads as
follow -
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After hearing both sides, we feel that
O.A.No.s.415/2019 & 469/2019 have to be heard
together. Further, O.A.No.124/2019 needs to be heard
together with O.A.Nos.105/2019 & 900/2019 (which are
not posted today). O.A.Nos.397/2019 & 870/2019 form a
rd
3 batch. Though all three cases have a common
contention also, these cases will be posted on the same
day but will be clubbed as above.
4. This order has not been contested at any point of time. The order
itself if we notice noted that has dealt with the matter in the same format.
The framing of the questions in these cases are also challenged stating
that the question number framed as 2(a) is not of any issue at all.
However, it has not been made clear during the course of argument how
the framing of that particular question in a set of 5 question in paragraph
2 impinged upon any way. It is also noticed that in the order itself the
each set of facts was dealt with separately. However, since there are
common arguments in each of these cases they have been dealt with in
single order and even in the final portion of the order of these batch of
cases each set of orders as categorized in the fashion discussed in the
order dated 23.09.2024 and has been dealt with in the same fashion as
has been categorized in this order. The mere fact of a single order being
passed recognizing the distinction between each of these cases and where
the order portion itself states 'in the light of the above paragraphs, the
different categories of employees would be treated accordingly. The
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fundamental postion with regard to the status of each employee has been
declared. During the course of arguments it is initially stated that factual
errors were there, but these have not been pointed out and hence it
appears that this entire issue does not fall within the matrix of (i) the
question of whether there is discovery of new evidence or discovery of
an error apparent. It has not been the submission that all the materials
which have been submitted has not been considered in the order itself.
Hence it appears that this would not fall within the framework of Review
Application and accordingly the Review Applications are dismissed.
st
(Dated this the 1 day of September, 2026)
V.RAMA MATHEW JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
asp
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List of Annexures in R.A.No.180/32/2025 in O.A.No.180/870/2018
1. Annexure RA-1 – A copy of the order dated 25.08.2025 passed by
this Hon'ble Tribunal in O.A.No.870/2018.
List of Annexures in R.A.No.180/29/2025 in O.A.No.180/397/2019
1. Annexure RA-1 – A copy of the order dated 25.08.2025 passed by
this Hon'ble Tribunal in O.A.No.397/2019.
List of Annexures in R.A.No.180/34/2025 in O.A.No.180/105/2019
1. Annexure RA-1 – A copy of the order dated 25.08.2025 passed by
this Hon'ble Tribunal in O.A.No.105/2019.
List of Annexures in R.A.No.180/39/2025 in O.A.No.180/469/2019
1. Annexure RA-1 – A copy of the order dated 25.08.2025 passed by
this Hon'ble Tribunal in O.A.No.469/2019.
List of Annexures in R.A.No.180/40/2025 in O.A.No.180/415/2019
1. Annexure RA-1 – A copy of the order dated 25.08.2025 passed by
this Hon'ble Tribunal in O.A.No.415/2019.
List of Annexures in R.A.No.180/19/2026 in O.A.No.180/124/2019
1. Annexure RA-1 – A copy of the order dated 25.08.2025 passed by
this Hon'ble Tribunal in O.A.No.124/2019.
List of Annexures in R.A.No.180/20/2026 in O.A.No.180/900/2019
1. Annexure RA-1 – A copy of the order dated 25.08.2025 passed by
this Hon'ble Tribunal in O.A.No.900/2019.
_______________________________
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