Wednesday, September 11, 2013

Hai Friends

After a long time we are again here. There are many reasons for this long gap. May be due to the fact that our case not came to hearing, it just gets posted .  Anyway thanks to our lawyer, finally our case came for final hearing on yesterday and today and the judgement  reserved. These two days especially on today judges almost spent three and half hours on arguments i n our case.

Yesterday when our case came to hearing our lawyer very briefly explained. The BSNL lawyer brought the Karnataka Second case and also mentioned Ernakulam two cases. Though our lawyer clarified only one case, he again told two. At this moment Judge asked BSNL lawyer how much time he wants to argue, he replied 1 hour. Then judge asked our lawyer for posting tomorrow which is readily accepted by both parties as it is already time for LUNCH.
Our lawyer stayed back at Hyd though he is having many other cases at BG.
Today at about 11:30 final hearing of our started. First our Mr Kulkarni in his argument explained all the facts that led to filling of this case. Explaining the BG CAT Judgement with mentioning Mr Sadasivan Case with relavent causes. Each and point he explained what happened in CAT, High Court and then in Supreme court and then again in BG High Court saying that the case is attained its finality. Both the judges are got impressed and noted all the points that are raised by our lawyer. This is the rare situation that almost all the points both the judges noted down. Then Our lawyer explained about other cases that are there in various courts in all India and the BSNL stand on these issue including very recent judgement of Chandigarh CAT.(He explained BSNL stand on this issue and countered it) Also mentioned the cases in AP High Court. And finally Supreme Court present seniority case. In his concluding remarks he pressed to give re-leaf on lines of BG CAT with special reference that the when a junior in list given the benefits, senior must also get it other wise against constitution right to equality.

Then BSNL Lawyer stated his counter with reference to same cases saying that let us wait until the other cases gets disposed. He also mentioned that BG CAT itself in BG Second case is not yet passed order for past one year. Then our lawyer told it is there due to judge transfer case cAME FOR HEARING AGAIN NOTHING ELSE AND NOW THAT IS POSTED THIS 19TH. Then the BSNL lawyer started mentioning various rules starting from 1960,1980's , competitive and qualifying cases Allahabad case etc.( In our opinion at this point he completely our of track.) The complete argument revolves around that BG CAT judgement not attained finality and wait until SC decision. ie they didn't directly opposed our case. then our lawyer asked whether all the cases that are mentioned are relevant to present case.    Judges also asked whether they are having copies of those cases. which replied negative. Then the judges given one week time and judgement reserved.

I t seems that Judges are not very much keen on BSNL Lawyer argument which mainly based on other court cases.

Anyway friends we done our duty by filling case and engaging powerfull lawyer. He also put his efforts whole heatedly otherwise in this short 7 months time it may not come to final stage. Now we wait for the Judgement.
After pronouncement of Judgement we will meet Mr Kulkurni at BG for further course of action. The judgement is expected in 15-30 days time.

Let us hope that it will come in our favour, and pray god  for the same.

Bye
P.Srinivasa Reddy
9440283099