Saturday, December 11, 2010
Friday, December 10, 2010
NEWS FROM TEPU SITE
Telecommunication Employees Progressive Union
Central Head Quarters
Items for discussion in the ensuing National Council Meeting
1. Implementation of the Judgment dated 27.8.2010 of CAT Principal Bench, in OA No: 282/10 by granting of JTO Pay Scale and Fixation under FR 22 (1) (a) (i) for Officiating JTOs.
As no stay was granted by Honorable High Court of Kerala against the Judgment dated 17.7.2009, of CAT Ernakulam Bench in OA 84/2008, JTO Pay with benefits under FR 22(1) (a) (i) were granted to Officiating JTOs of Kerala Circle alone.
Representations of similarly placed Officiating JTOs as well as that of their Association for uniform implementation of CAT Ernakulam Judgment was negated by the Management, resulting in the deprived officials filing an appeal under Section 19 of Administrative Tribunal Act 1985, requesting to quash and to set aside BSNL letter No: 3-2/2009-Pers.IV dated 5.1.2010 and to order for extending similar benefits as that of their counterparts in Kerala Circle.
Principal CAT in OA No: 1282/2010, before passing its orders has observed as under:
Para 2: “ In as much as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in OA No: 84/2008 and other connected TAs decided on 15.7.2009, there will be no need to give facts in details.”
Para 3: “We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same……………………………………. .If perhaps, the respondents would have obtained the stay, we may have adjourned the case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting relief granted to them, there will be no need whatsoever to stay the proceedings of this case.”
CAT Principal Bench has passed the following Judgment:
“For parity of reasons, we allow present OA in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V.Salilakumar & Otrs. V/s The Chairman & Managing Director & otr (supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore there will be no need for the respondents to file separate writ in this case.”
In spite of a speaking order of Principal Bench of CAT delivered as early as on 27.8.2010, implementation part is absent from the side of the management.
To end with the introduced disparity, inequality and discrimination, the Judgment of CAT Principal Bench may immediately be implemented in letter and spirit by granting JTOs Pay with fixation benefit under FR 22 (1) (a) (i) to all officiating JTOs on the same conditions as has been extended to others in concurrence with the orders of CAT, Ernakulam.
2. Immediate implementation of the Orders of Government of India on Officiating Pay under FR 35
Existing criteria on Basic Pay regarding imposition of restriction of Pay under FR 35 has been revised by the Government on 8.3.2010. Subsequently, orders were issued by BSNL on 10.9.2010 vide No: 1-14/2010-PAT (BSNL) revising the ceiling of Pay under Fr 35 and made the order of DOP&T applicable to BSNL Employees. According to this order officials drawing revised Basic Pay up to Rs.24,900/- are eligible for 15% of revised Basic Pay subject to a maximum of Rs.2000/-
It is unfortunate that the extended benefit had not gone to the benefit of eligible officials, predominantly for those officiating JTOs, in every circle, on the pretext of expected clarifications from Corporate Office.
Necessary clarification sought by field units may be issued expeditiously and ensure the benefit extended
3. LDCE for TTA cadre under 40% Quota – Confirmation of selection successful candidates declared as provisionally selected.
As per the notification of Corporate Office, Examination was held for selection of TTA under 40% Departmental quota. Officials were admitted for the examination with the issue of hall tickets. While declaring the results, quite a few names were declared as provisionally selected. It is understood that these provisionally successful candidates are holders of graduation through various Government approved Institutions,without passing 10+2. As the qualification possessed by them was direct, it is understood that the Circles have kept their names under provisional list, pending clarification from Corporate Office.
In the past, even those who have not held the requisite qualification have been subjected to pre-qualifying examination and then permitted to appear in LDCE against the 40% Departmental Quota, declared successful, selected and appointed.
In the instant case, such of those officials placed under provisional list may be deemed as qualified in consideration of their higher qualification and the provisional selection may be ended by declaring them successful.
Central Head Quarters
Items for discussion in the ensuing National Council Meeting
1. Implementation of the Judgment dated 27.8.2010 of CAT Principal Bench, in OA No: 282/10 by granting of JTO Pay Scale and Fixation under FR 22 (1) (a) (i) for Officiating JTOs.
As no stay was granted by Honorable High Court of Kerala against the Judgment dated 17.7.2009, of CAT Ernakulam Bench in OA 84/2008, JTO Pay with benefits under FR 22(1) (a) (i) were granted to Officiating JTOs of Kerala Circle alone.
Representations of similarly placed Officiating JTOs as well as that of their Association for uniform implementation of CAT Ernakulam Judgment was negated by the Management, resulting in the deprived officials filing an appeal under Section 19 of Administrative Tribunal Act 1985, requesting to quash and to set aside BSNL letter No: 3-2/2009-Pers.IV dated 5.1.2010 and to order for extending similar benefits as that of their counterparts in Kerala Circle.
Principal CAT in OA No: 1282/2010, before passing its orders has observed as under:
Para 2: “ In as much as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in OA No: 84/2008 and other connected TAs decided on 15.7.2009, there will be no need to give facts in details.”
Para 3: “We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same……………………………………. .If perhaps, the respondents would have obtained the stay, we may have adjourned the case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting relief granted to them, there will be no need whatsoever to stay the proceedings of this case.”
CAT Principal Bench has passed the following Judgment:
“For parity of reasons, we allow present OA in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V.Salilakumar & Otrs. V/s The Chairman & Managing Director & otr (supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore there will be no need for the respondents to file separate writ in this case.”
In spite of a speaking order of Principal Bench of CAT delivered as early as on 27.8.2010, implementation part is absent from the side of the management.
To end with the introduced disparity, inequality and discrimination, the Judgment of CAT Principal Bench may immediately be implemented in letter and spirit by granting JTOs Pay with fixation benefit under FR 22 (1) (a) (i) to all officiating JTOs on the same conditions as has been extended to others in concurrence with the orders of CAT, Ernakulam.
2. Immediate implementation of the Orders of Government of India on Officiating Pay under FR 35
Existing criteria on Basic Pay regarding imposition of restriction of Pay under FR 35 has been revised by the Government on 8.3.2010. Subsequently, orders were issued by BSNL on 10.9.2010 vide No: 1-14/2010-PAT (BSNL) revising the ceiling of Pay under Fr 35 and made the order of DOP&T applicable to BSNL Employees. According to this order officials drawing revised Basic Pay up to Rs.24,900/- are eligible for 15% of revised Basic Pay subject to a maximum of Rs.2000/-
It is unfortunate that the extended benefit had not gone to the benefit of eligible officials, predominantly for those officiating JTOs, in every circle, on the pretext of expected clarifications from Corporate Office.
Necessary clarification sought by field units may be issued expeditiously and ensure the benefit extended
3. LDCE for TTA cadre under 40% Quota – Confirmation of selection successful candidates declared as provisionally selected.
As per the notification of Corporate Office, Examination was held for selection of TTA under 40% Departmental quota. Officials were admitted for the examination with the issue of hall tickets. While declaring the results, quite a few names were declared as provisionally selected. It is understood that these provisionally successful candidates are holders of graduation through various Government approved Institutions,without passing 10+2. As the qualification possessed by them was direct, it is understood that the Circles have kept their names under provisional list, pending clarification from Corporate Office.
In the past, even those who have not held the requisite qualification have been subjected to pre-qualifying examination and then permitted to appear in LDCE against the 40% Departmental Quota, declared successful, selected and appointed.
In the instant case, such of those officials placed under provisional list may be deemed as qualified in consideration of their higher qualification and the provisional selection may be ended by declaring them successful.
Wednesday, December 8, 2010
PRINCIPAL CAT ORDER ON FR22(1)A1 DATED 06-12-10 FROM KABEERDAS SITE
THE PRINCIPAL CAT NEW DELHI HAS ORDERED BSNL MANAGEMENT TO IMPLEMENT FR22(1)A1 PAY FIXATION FOR ALL OFFICIATING JTOs BEFORE 10-01-2011 {(WIDE OUR CASE NO:1082/2010 AND MA:3082/2010) ON 06-12-2010 WHICH WAS HEARD IN COURT HALL NO:1 ,ITEM NO:25 DTD:06-12-2010 (THROUGH OUR ADVOCATE:SMT.RANICHABRA) AND ORDERED TO IMPLEMENT BEFORE 10-01-2011}.
PRINCIPAL CAT JUDGEMENT ON FR22(1)A1
Central Administrative Tribunal
Principal Bench
OA 1282/2010
New Delhi, this the 26th day of August, 2010
Hon ble Mr. Justice V.K. Bali, Chairman
Hon ble Mr. L.K. Joshi, Vice Chairman (A)
1. BSNL Officers Association (Regd)
Through its President Rudrapal Sharma,
O/o T-15, Atul Grove Road,
New Delhi 110 001.
2. N. Kabir Das s/o Late N. Narayana,
O/o SDOPI CMR, Charminar,
Hyderabad 500 002. Applicants
(By Advocate: Mrs. Rani Chhabra)
Versus
1. BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
2. Chairman-cum-Managing Director,
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
3. Assistant General Manager (Personnel)
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi. Respondents.
(By Advocate: Mr. Sameer Aggarwal)
ORDER (ORAL)
Justice V.K. Bali, Chairman:
BSNL Officers Association (Regd) and Mr. N. Kabir Das have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash order No.3-2/2009-Pers-IV dated 05.01.2010, and consequent on setting aside the order aforesaid to direct the respondents to extend the same benefits of fixation of pay and allowances under Rule 22 (1)(ia) of the Fundamental Rules to the Members of the applicant-Association as admissible to JTOs, as they have been officiating on the said posts for the last more than five years.
2. Inasmuch as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors., (TA No.84/2008 and other connected TAs decided on 15.07.2009), there will be no need to give facts in detail.
3. We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same. We are, however, informed that against the judgment aforesaid, respondents have filed two writs in the Hon ble High Court of Kerala and the same have been admitted, but in none of these two writs, stay has been granted. If perhaps, the respondents would have obtained the stay, we may have adjourned this case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting the relief granted to them, there will be no need whatsoever to stay the proceedings of this case.
4. For parity of reasons, we allow present Original Application in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors.(supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by the respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore, there will be no need for the respondents to file separate writ in this case.
(L.K. Joshi) (V.K. Bali)
Vice Chairman (A) Chairman
/naresh
Principal Bench
OA 1282/2010
New Delhi, this the 26th day of August, 2010
Hon ble Mr. Justice V.K. Bali, Chairman
Hon ble Mr. L.K. Joshi, Vice Chairman (A)
1. BSNL Officers Association (Regd)
Through its President Rudrapal Sharma,
O/o T-15, Atul Grove Road,
New Delhi 110 001.
2. N. Kabir Das s/o Late N. Narayana,
O/o SDOPI CMR, Charminar,
Hyderabad 500 002. Applicants
(By Advocate: Mrs. Rani Chhabra)
Versus
1. BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
2. Chairman-cum-Managing Director,
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
3. Assistant General Manager (Personnel)
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi. Respondents.
(By Advocate: Mr. Sameer Aggarwal)
ORDER (ORAL)
Justice V.K. Bali, Chairman:
BSNL Officers Association (Regd) and Mr. N. Kabir Das have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash order No.3-2/2009-Pers-IV dated 05.01.2010, and consequent on setting aside the order aforesaid to direct the respondents to extend the same benefits of fixation of pay and allowances under Rule 22 (1)(ia) of the Fundamental Rules to the Members of the applicant-Association as admissible to JTOs, as they have been officiating on the said posts for the last more than five years.
2. Inasmuch as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors., (TA No.84/2008 and other connected TAs decided on 15.07.2009), there will be no need to give facts in detail.
3. We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same. We are, however, informed that against the judgment aforesaid, respondents have filed two writs in the Hon ble High Court of Kerala and the same have been admitted, but in none of these two writs, stay has been granted. If perhaps, the respondents would have obtained the stay, we may have adjourned this case sine die. But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting the relief granted to them, there will be no need whatsoever to stay the proceedings of this case.
4. For parity of reasons, we allow present Original Application in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors.(supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by the respondents in Kerala High Court. That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore, there will be no need for the respondents to file separate writ in this case.
(L.K. Joshi) (V.K. Bali)
Vice Chairman (A) Chairman
/naresh
Monday, December 6, 2010
NEWS FROM AIBSNLEA AP WEBSITE
AIBSNLEA decided to start Organizational Action Programmes and served a notice on 25-11-2010 as follows.
DEMONSTRATION on 09th December 2010 at Circle HQs/SSA HQs during lunch/closing hours.
MASS DHARNA (Two days) on 22nd and 23rd December 2010 at Circle HQs/SSA HQs.
Further course of actions will be decided in the 3rd AIC at Kolkata.
The issues which need immediate attention and consideration of BSNL are
1 Immediate withdrawal of clarifications dated 19.02.2010 and 13.10.2010 issued by BSNL Corporate Office w.r.to AAO/Sr.AO/Sr.SDE and PA/PSs cadres, pay fixation in Executive Promotion Policy.
2 Early settlement of Pay anomaly cases wherein senior Executives are drawing less pay than their juniors
3 Immediate holding of DPC on seniority cum fitness basis and LDCE from JTO (T) to SDE(T) to fill up about 10,000 vacant SDEs posts.
4 Promotion from JTOs Offg. (TTAs) to JTO (Telecom) on regular basis.
5 Removal of FR-35 for JTO (Offg).
6 Immediate settlement of revision of pay scale of Asst. Director (OL) as per 6th CPC recommendations
7 Sanction/creation of posts of PPS in the field units
8 The single Rule for recasting of TES Gr. B officers seniority list should be implemented in BSNL
9 Modification of BSNLMS RRs to allow the existing JTOs/SDEs(C/E/Arch) for the promotion to the grade of AGM/EE/Architect
10 Change of designations of Executives on each Time Bound Promotion
11 One time placement of SDE to Sr. SDE grade on 01.10.2000
12 Date of effect of implementation of revised IDA pay scales w.e.f. from 01.10.2000 on notional benefit.
13 First and subsequent upgradation to the next higher grade on completion of 4 years of service in all cases
14 Immidiate notification of new IDA pay scales (E1A / E2A) for JTO / SDE equivalent Executives
15 Immediate Settlement of EPF issues on transfer of DR Executives
16 Regularization of adhoc STS, JAG & SAG level Executives’ of all disciplines.
17 Filling up of all vacant JAG/STS level posts on regular/adhoc basis and SDE equivalent posts on regular basis in all disciplines .
18 Consideration of all pending requests / tenure transfer cases and seniority cases of SDEs /DEs,AOs/CAOs
19 Holding of DPC for 1999 JAO batch to AAO.
20 Implementation of DPE OM dated 02.04.2009 regarding fitment benefit from 68.8% to 78.2% with effect from 01.01.2007.
21 Immediate completion of absorption process of ITS Group ‘A’ officers in BSNL .
22 The IDA pension revision order for BSNL pensioners who retired before 01.01.2007 should immediately be issued by the DOT.
23 Rent free 3G mobile service and Broadband connections should be provided to all BSNL Executives.
24 BSNL CO should take immediate action to solve the problems related to O&M of CDR System which are resulting in surrender of a huge number of landline connections and in turn loss of business and revenue.
DEMONSTRATION on 09th December 2010 at Circle HQs/SSA HQs during lunch/closing hours.
MASS DHARNA (Two days) on 22nd and 23rd December 2010 at Circle HQs/SSA HQs.
Further course of actions will be decided in the 3rd AIC at Kolkata.
The issues which need immediate attention and consideration of BSNL are
1 Immediate withdrawal of clarifications dated 19.02.2010 and 13.10.2010 issued by BSNL Corporate Office w.r.to AAO/Sr.AO/Sr.SDE and PA/PSs cadres, pay fixation in Executive Promotion Policy.
2 Early settlement of Pay anomaly cases wherein senior Executives are drawing less pay than their juniors
3 Immediate holding of DPC on seniority cum fitness basis and LDCE from JTO (T) to SDE(T) to fill up about 10,000 vacant SDEs posts.
4 Promotion from JTOs Offg. (TTAs) to JTO (Telecom) on regular basis.
5 Removal of FR-35 for JTO (Offg).
6 Immediate settlement of revision of pay scale of Asst. Director (OL) as per 6th CPC recommendations
7 Sanction/creation of posts of PPS in the field units
8 The single Rule for recasting of TES Gr. B officers seniority list should be implemented in BSNL
9 Modification of BSNLMS RRs to allow the existing JTOs/SDEs(C/E/Arch) for the promotion to the grade of AGM/EE/Architect
10 Change of designations of Executives on each Time Bound Promotion
11 One time placement of SDE to Sr. SDE grade on 01.10.2000
12 Date of effect of implementation of revised IDA pay scales w.e.f. from 01.10.2000 on notional benefit.
13 First and subsequent upgradation to the next higher grade on completion of 4 years of service in all cases
14 Immidiate notification of new IDA pay scales (E1A / E2A) for JTO / SDE equivalent Executives
15 Immediate Settlement of EPF issues on transfer of DR Executives
16 Regularization of adhoc STS, JAG & SAG level Executives’ of all disciplines.
17 Filling up of all vacant JAG/STS level posts on regular/adhoc basis and SDE equivalent posts on regular basis in all disciplines .
18 Consideration of all pending requests / tenure transfer cases and seniority cases of SDEs /DEs,AOs/CAOs
19 Holding of DPC for 1999 JAO batch to AAO.
20 Implementation of DPE OM dated 02.04.2009 regarding fitment benefit from 68.8% to 78.2% with effect from 01.01.2007.
21 Immediate completion of absorption process of ITS Group ‘A’ officers in BSNL .
22 The IDA pension revision order for BSNL pensioners who retired before 01.01.2007 should immediately be issued by the DOT.
23 Rent free 3G mobile service and Broadband connections should be provided to all BSNL Executives.
24 BSNL CO should take immediate action to solve the problems related to O&M of CDR System which are resulting in surrender of a huge number of landline connections and in turn loss of business and revenue.
Friday, November 26, 2010
NEWS FROM KABEERDAS
DEAR FRIENDS OUR ASSOCIATION ISSUED NOTICES TO BSNL MANAGEMENT FOR IMPLEMENTATION OF FR22(1)A1 SCALE TO ALL OF US IMMEDEATLY (CASE NO:1282/2010 FILED IN PRICIPAL CAT BY US AND JUDGEMENT WAS GIVEN IN FAVOUR OF US) WITH IN A FIXED TIME FRAME THROUGH MRS.RANICHABRA ADVOCATE.
THE CHANDIGARH COCP NO:1431/2008 WAS POSTED FOR NEXT HEARING ON 13/01/2011.
THE REGULARISATION OF LEFTOUT TTAs WHO ARE NOW OFFICIATING AS JTOs ISSUE WILL BE DISCUSSED IN THE 2ND WEEK OF DECEMBER2010 WITH THE MANAGEMENT.
ALL THE STATE COORDINATORS ARE ASKED TO BE ALERT FOR FILING COURT CASES IN ALL CIRCLES AND EVEN AT SSA LEVEL AGAINST JTO LICE EXAM IN THE EVENT OF EARNAKULAM COURT IF VACATES THE STAY ON THE JTO LICE EXAM.
THE CHANDIGARH COCP NO:1431/2008 WAS POSTED FOR NEXT HEARING ON 13/01/2011.
THE REGULARISATION OF LEFTOUT TTAs WHO ARE NOW OFFICIATING AS JTOs ISSUE WILL BE DISCUSSED IN THE 2ND WEEK OF DECEMBER2010 WITH THE MANAGEMENT.
ALL THE STATE COORDINATORS ARE ASKED TO BE ALERT FOR FILING COURT CASES IN ALL CIRCLES AND EVEN AT SSA LEVEL AGAINST JTO LICE EXAM IN THE EVENT OF EARNAKULAM COURT IF VACATES THE STAY ON THE JTO LICE EXAM.
NEWS FROM AIBSNLEA SITE
Promotion from JTOs Offg. (TTAs) to JTO (Telecom) on regular basis:-
Sr.GM (Estt.) informed that legal opinion on this issue has been sort thereafter only the action can be taken. He also apprised that against creation of super-numeric posts of JTOs contempt has been filed in Hon'ble Chandigarh High Court and hearing date is 10th Dec. 2010.
Thursday, November 11, 2010
NFTE KERALA LETTER ON OUR ISSUE OF JTO(OFFTG)
NATIONAL FEDERATION OF TELECOM EMPLOYEES
(BSNL) (Regn. No. 4906 dated 17/9/2001)
C-4/1, Bangla Sahib Road (Baird Road), New Delhi – 110001
(KERALA CIRCLE)
07-11-2010 Kerala.
To,
The President, NFTE BSNL, New Delhi
Sir,
Sub: Regularization of let out JTO qualified officials of JTO RR 1996 (DOT)
Your kind attention is invited to the long pending issue of posting of left out JTO qualified officials of 2nd screening test held in the year 2000 under JTO RR 1996 of DOT. It is highly regrettable to note that the regular appointment is delayed even after a decade for no fault of the employees. It is an undisputed fact that not even a single vacancy were extended for promotion to the eligible general category candidates belonging to 35% quota of JTO RR 1996 through the one and only screening test conducted in April 2000, under the JTO RR 1996. All the vacancies pertaining to 35% quota departmental promotions under JTO RR 1996 had already diverted for regularization of the candidates of the 1st screening test held in the year 1995 under JTO RR 1991, when the 2nd screening test conducted under the JTO RR 1996 in the year 2000. At the same time, TTAs were not permitted for promotion through the 15% departmental quota of the said JTO RR 1996. Thus the entire promotional avenue of TTAs under the JTO RR 1996 has got denied for none of their reasons.
The fact remaining so grave, the union has been consistently demanding for settlement of the issue by up gradation of post of TTA to JTO or through amendment of existing JTO RR 2001 since many years. Management was so far holding the view that the matter is sub-judice and the same shall be settled as soon as the pending SLP in the matter in the apex court get disposed. The said SLP No:13220-21 / 2009 has already disposed on 12-7-2010. But the issue still remains as long pending.
However it is learnt vide the communication letter No:3-9/2007/Pers-IV dated 26-3-2010 by AGM (Pers-IV) that no action can be taken on the issue since it is further in sub-judice as the settlement is linked with RA No.148/2009 in CWP No:5608/2007 in the High Court of Punjab and Hariyana. In this regard union feel that the content of the said communication is in correct and with a malafide intention of some vested groups behind it. It is learnt that all the pending court cases in this connection are related to only the matter of diversion of post from DR quota to Departmental Quota for promotion of departmental candidates but not for upgradation of post of TTA to JTO or by amendment of existing JTO RR 2001 as demanded by union. No court of law has ever barred BSNL administration from doing so. The settlement should not be dragged further unnecessarily.
Further, it is learnt that Management is proposed make internal promotions through LICE based on subsequent JTO RR 2001 before taking a decision on regularization of the large number of JTO qualified and officiating officials remaining inside JTO RR 1996. This approach is quite unfair, discriminatory, violation of standing undertaking on seniority of JTO qualified officials in DoT over subsequent BSNL recruits at the time BSNL formation vide the Memo No: BSNL/4/SR/2000 dated 2nd January 2001.
I once again demand to discuss the issue to regularize the JTO qualified and officiating JTO of JTO RR 1996 by upgradation of the post of TTA or through amendment of existing JTO RR 2001 to accommodate the already JTO qualified officials of JTO RR 1996 as per the undertaking already have on the subject at the time of BSNL formation.
Thanking you,
Sincerely yours,
Michael P M,
Permanent Invitee to AIC-NFTE.
Copy to:
Secretary General, NFTE-BSNL, New Delhi. Enclosures:
1) Copy of letter of dismissal of SLP(C ) No:13220-21.
ITEM NO.54 COURT NO.7 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).13220-13221/2009
(From the judgement and order dated 30/05/2008&23/1/2009 in RA No. 442/2008 & CWP No. 5608/2007 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)
B.S.N.L.OFFICERS ASSN.& ANR. Petitioner(s)
VERSUS
DALBIR SINGH & ORS. Respondent(s)
(With appln(s) for impleadment,permission to file addl. documents and prayer for interim relief and office report )
Date: 12/07/2010 : These Petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HARJIT SINGH BEDI
HON'BLE MR. JUSTICE C.K. PRASAD
For Petitioner(s)
Mr. S.Gurukrishnakumar,Adv.
Mr. S.R. Setia,Adv.
For Respondent(s)
Mr. Amit Gupta,Adv.
Mr. Gautam Narayan,Adv.
Mr. Serwa Mitter,Adv.
for M/S Mitter & Mitter Co.
Mr. Pavan Kumar,Adv.
Mr. Sudershan Rajan,Adv.
UPON hearing counsel the Court made the following O R D E R
The special leave petitions are dismissed.
[SUMAN WADHWA] [VINOD KULVI]
COURT MASTER COURT MASTER
(BSNL) (Regn. No. 4906 dated 17/9/2001)
C-4/1, Bangla Sahib Road (Baird Road), New Delhi – 110001
(KERALA CIRCLE)
07-11-2010 Kerala.
To,
The President, NFTE BSNL, New Delhi
Sir,
Sub: Regularization of let out JTO qualified officials of JTO RR 1996 (DOT)
Your kind attention is invited to the long pending issue of posting of left out JTO qualified officials of 2nd screening test held in the year 2000 under JTO RR 1996 of DOT. It is highly regrettable to note that the regular appointment is delayed even after a decade for no fault of the employees. It is an undisputed fact that not even a single vacancy were extended for promotion to the eligible general category candidates belonging to 35% quota of JTO RR 1996 through the one and only screening test conducted in April 2000, under the JTO RR 1996. All the vacancies pertaining to 35% quota departmental promotions under JTO RR 1996 had already diverted for regularization of the candidates of the 1st screening test held in the year 1995 under JTO RR 1991, when the 2nd screening test conducted under the JTO RR 1996 in the year 2000. At the same time, TTAs were not permitted for promotion through the 15% departmental quota of the said JTO RR 1996. Thus the entire promotional avenue of TTAs under the JTO RR 1996 has got denied for none of their reasons.
The fact remaining so grave, the union has been consistently demanding for settlement of the issue by up gradation of post of TTA to JTO or through amendment of existing JTO RR 2001 since many years. Management was so far holding the view that the matter is sub-judice and the same shall be settled as soon as the pending SLP in the matter in the apex court get disposed. The said SLP No:13220-21 / 2009 has already disposed on 12-7-2010. But the issue still remains as long pending.
However it is learnt vide the communication letter No:3-9/2007/Pers-IV dated 26-3-2010 by AGM (Pers-IV) that no action can be taken on the issue since it is further in sub-judice as the settlement is linked with RA No.148/2009 in CWP No:5608/2007 in the High Court of Punjab and Hariyana. In this regard union feel that the content of the said communication is in correct and with a malafide intention of some vested groups behind it. It is learnt that all the pending court cases in this connection are related to only the matter of diversion of post from DR quota to Departmental Quota for promotion of departmental candidates but not for upgradation of post of TTA to JTO or by amendment of existing JTO RR 2001 as demanded by union. No court of law has ever barred BSNL administration from doing so. The settlement should not be dragged further unnecessarily.
Further, it is learnt that Management is proposed make internal promotions through LICE based on subsequent JTO RR 2001 before taking a decision on regularization of the large number of JTO qualified and officiating officials remaining inside JTO RR 1996. This approach is quite unfair, discriminatory, violation of standing undertaking on seniority of JTO qualified officials in DoT over subsequent BSNL recruits at the time BSNL formation vide the Memo No: BSNL/4/SR/2000 dated 2nd January 2001.
I once again demand to discuss the issue to regularize the JTO qualified and officiating JTO of JTO RR 1996 by upgradation of the post of TTA or through amendment of existing JTO RR 2001 to accommodate the already JTO qualified officials of JTO RR 1996 as per the undertaking already have on the subject at the time of BSNL formation.
Thanking you,
Sincerely yours,
Michael P M,
Permanent Invitee to AIC-NFTE.
Copy to:
Secretary General, NFTE-BSNL, New Delhi. Enclosures:
1) Copy of letter of dismissal of SLP(C ) No:13220-21.
ITEM NO.54 COURT NO.7 SECTION IVB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Civil) No(s).13220-13221/2009
(From the judgement and order dated 30/05/2008&23/1/2009 in RA No. 442/2008 & CWP No. 5608/2007 of The HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH)
B.S.N.L.OFFICERS ASSN.& ANR. Petitioner(s)
VERSUS
DALBIR SINGH & ORS. Respondent(s)
(With appln(s) for impleadment,permission to file addl. documents and prayer for interim relief and office report )
Date: 12/07/2010 : These Petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HARJIT SINGH BEDI
HON'BLE MR. JUSTICE C.K. PRASAD
For Petitioner(s)
Mr. S.Gurukrishnakumar,Adv.
Mr. S.R. Setia,Adv.
For Respondent(s)
Mr. Amit Gupta,Adv.
Mr. Gautam Narayan,Adv.
Mr. Serwa Mitter,Adv.
for M/S Mitter & Mitter Co.
Mr. Pavan Kumar,Adv.
Mr. Sudershan Rajan,Adv.
UPON hearing counsel the Court made the following O R D E R
The special leave petitions are dismissed.
[SUMAN WADHWA] [VINOD KULVI]
COURT MASTER COURT MASTER
Tuesday, November 2, 2010
Wednesday, October 20, 2010
GS ,AIBSNLEA LETTER ON OUR LONG PENDING ISSUE
No. : AIBSNLEA/CHQ/CMD/2010 Dated 18.10.2010
To
Shri Gopal Das
CMD, BSNL
New Delhi-1.
Sub:- Case of regularization of qualified and trained TTAs now officiating as JTOs-reg.
Ref:- This Association’s letter No. AIBSNLEA/CHQ/CMD/2010 dated 17-2-2010.
Respected Sir,
In continuation of our letter dated 23.04.2010, your kind attention is invited to our letter cited and the subsequent discussions we had with you on the above matter.
We have mentioned that no protection was given in the JTO Recruitment Rules-2001, to accommodate TTAs who have already qualified in accordance with the previous RR. A good number of officials qualified as per JTO RR –1996 were given the required pre-appointment training and they are now officiating in the cadre of JTO in various parts of the country.
We have been pursuing the case of regularization of these officials for the past several years. In order to find a permanent solution for this long pending issue, we have already suggested that an amendment to the effect that “ the TTAs already qualified in accordance with 1996 RR (previous RRs) will be deemed to have been qualified under the current RR also” may be incorporated in the present RR so that all the Qualified/ officiating JTOs can be appointed as regular JTOs immediately without any hitches of rules.
However, now it is learnt that, a communication has been issued from your office by the AGM (Pers-IV) vide letter No.3-9/2007/Pers-IV(Pt) dated 26-3-2010, which states that, the case is linked with RA No.148/2009 in CWP No.5608/2007 in High Court of Punjab and Haryana and the matter is sub-judice and no action can be taken in this regard. e would like to inform you that the contents of the above letter issued by the AGM (Pers-IV) is incorrect and misguiding with regard to the matter of one time measure up-gradation of qualified TTAs as JTOs. No court of law has ever issued any order barring BSNL from up-gradation of posts or amendment of RRs etc. The suggestions put forward by this Association and in the matter of regularization, are not against standing orders of any of the court of law in the country and the question of sub-judice does not arise , as nobody has challenged these suggestions in court of law.
Once the matter is settled amicably, all the pending court cases will become in fructuous and will be withdrawn automatically.
We therefore once again request you to kindly take following steps immediately for the settlement of the issues :
1. Do the needful to settle the matter amicably.
2. Do away with the present inert attitude of the Company in the matter of regularization of qualified TTAs as JTOs.
3. Convene a meeting of all concerned at appropriate level to arrive at a logical/ workable solution.
4. Do not permit anybody to manipulate things in favor of some vested interest groups.
With kind regards,
Yours Sincerely,
Sd/-
(Prahlad Rai)
General Secretary
Copy to:-
1. Shri M S S Rao, Sr.GM (SR), BSNL CO, New Delhi
2. Shri D.P.De, Sr. GM (Estt), BSNL CO, New Delhi
To
Shri Gopal Das
CMD, BSNL
New Delhi-1.
Sub:- Case of regularization of qualified and trained TTAs now officiating as JTOs-reg.
Ref:- This Association’s letter No. AIBSNLEA/CHQ/CMD/2010 dated 17-2-2010.
Respected Sir,
In continuation of our letter dated 23.04.2010, your kind attention is invited to our letter cited and the subsequent discussions we had with you on the above matter.
We have mentioned that no protection was given in the JTO Recruitment Rules-2001, to accommodate TTAs who have already qualified in accordance with the previous RR. A good number of officials qualified as per JTO RR –1996 were given the required pre-appointment training and they are now officiating in the cadre of JTO in various parts of the country.
We have been pursuing the case of regularization of these officials for the past several years. In order to find a permanent solution for this long pending issue, we have already suggested that an amendment to the effect that “ the TTAs already qualified in accordance with 1996 RR (previous RRs) will be deemed to have been qualified under the current RR also” may be incorporated in the present RR so that all the Qualified/ officiating JTOs can be appointed as regular JTOs immediately without any hitches of rules.
However, now it is learnt that, a communication has been issued from your office by the AGM (Pers-IV) vide letter No.3-9/2007/Pers-IV(Pt) dated 26-3-2010, which states that, the case is linked with RA No.148/2009 in CWP No.5608/2007 in High Court of Punjab and Haryana and the matter is sub-judice and no action can be taken in this regard. e would like to inform you that the contents of the above letter issued by the AGM (Pers-IV) is incorrect and misguiding with regard to the matter of one time measure up-gradation of qualified TTAs as JTOs. No court of law has ever issued any order barring BSNL from up-gradation of posts or amendment of RRs etc. The suggestions put forward by this Association and in the matter of regularization, are not against standing orders of any of the court of law in the country and the question of sub-judice does not arise , as nobody has challenged these suggestions in court of law.
Once the matter is settled amicably, all the pending court cases will become in fructuous and will be withdrawn automatically.
We therefore once again request you to kindly take following steps immediately for the settlement of the issues :
1. Do the needful to settle the matter amicably.
2. Do away with the present inert attitude of the Company in the matter of regularization of qualified TTAs as JTOs.
3. Convene a meeting of all concerned at appropriate level to arrive at a logical/ workable solution.
4. Do not permit anybody to manipulate things in favor of some vested interest groups.
With kind regards,
Yours Sincerely,
Sd/-
(Prahlad Rai)
General Secretary
Copy to:-
1. Shri M S S Rao, Sr.GM (SR), BSNL CO, New Delhi
2. Shri D.P.De, Sr. GM (Estt), BSNL CO, New Delhi
Thursday, August 12, 2010
NEWS FROM AIBSNLEA WEBSITE
11.08.2010 : GS, AGS (HQ), AGS (F) met GM (Estt) and discussed about consideration of officiating JTOs regularisation. He mentioned that after the case dismissal in the Hon'ble Supreme Court efforts are being made to concentrate in the Court case at Chandigarh CAT.
Wednesday, August 11, 2010
SRI PRAHLADRAI ,GS ..AIBSNLEA LETTER ON JTO RR AMENDMENT AND ONE TIME MEASURE UPGRADATION
No: AIBSNLEA/CHQ/CMD/2010 Dated 09.08.2010
Shri Gopal Das
CMD, BSNL
NEW DELHI-110 001
Subject:-Case of regularisation of qualified and trained TTAs now officiating as JTOs-Reg.
Respected sir,
In continuation of our letter dated 17.02.2010, we constraint to bring to your kind notice, a grave injustice being continuing in BSNL to a section of employees (Officiating JTOs) and for speedy settlement of the same, at your earnest sympathy. The applicants are substantive holder of the post of TTA, officiating as JTO in the pay scale of Rs.9850-25-14600 since the year 2005, after completing necessary training to the post JTO and discharging duties of JTO. These officials are standing qualified as JTO on passing the Screening Test conducted in the year 2000 under JTO Recruitment Rule 1996 of DoT. These officials are being denied the regular promotion even after 10 years of passing the promotion examination.
A number of TTAs were qualified in the 35% qualifying exam in 1995 in accordance with RR of 1990. Before all of them got absorbed, the new 1996 RR came into being. At that time the TTAs who qualified earlier to the publication of the rule were given protection ie, "they were deemed to have been qualified in the new 96RR" .Thereafter 1999 RR and subsequent to the formation of BSNL, 2001 RR also came into existence wherein a competitive exam was brought in for the Departmental candidates for the post of JTOs. The Officials who were earlier permitted with various engineering qualifications were restricted and only certain branches like Electrical. Electronics, Telecom, Computer science..etc were permitted to appear in the exam.
Knowingly or unknowingly the people who were qualified in the 1996 RR were not given protection .The following hardships are caused due to the change of RR of 2001 Of the 5500 TTAs qualified and waiting for appointment as JTOs, 3500 got absorbed. The balance 2000 people were sent for training in accordance with 2001 RR syllabus and subsequently appointed to officiate as JTOs in various states of the country and they have been discharging their duties to the satisfaction of their superiors to the best of their ability till date. There have been no instances where they were declared unfit during this period. Most of these people have been working for more than 5 years as JTOs continuously.
You may agree with us the enormous amount of mental agony and financial deprivation these people will be subjected to in case of reversion. It will be unthinkable for these lot to again go and work in the lower rank having worked for long time as JTOs .Already our association have approached your good self to amicably settle this issue as a one -time measure.
On formation of BSNL an agreement was signed by the management with the staff unions to the effect “that all the employees who have already qualified for promotion will be absorbed before fresh appointments are done". Copy of agreement enclosed. This promise has been violated and many people have been appointed to the post of JTOs.. No protection was given in the 2001 recruitment rule to accommodate these already qualified TTAs and therefore the left out Officiating JTOs (about 2200) could not be appointed.
Therefore in order to comply the agreement and to give relief to the Officiating JTOs an amendment in the RR2001 is necessary .An amendment to the effect that “The TTAs already qualified in accordance with 1966 RR will be deemed to have been qualified under this RR” be incorporated.
We therefore request to you not to bury the case under subjudice as court cases may take enormous amount of time, money and energy and loss of person to man the posts.
With kind regards,
Yours sincerely
(PRAHLAD RAI)
General Secretary
Copy to:-1. Shri D.P.De, GM (Estt.) BSNL, New Delhi
Shri Gopal Das
CMD, BSNL
NEW DELHI-110 001
Subject:-Case of regularisation of qualified and trained TTAs now officiating as JTOs-Reg.
Respected sir,
In continuation of our letter dated 17.02.2010, we constraint to bring to your kind notice, a grave injustice being continuing in BSNL to a section of employees (Officiating JTOs) and for speedy settlement of the same, at your earnest sympathy. The applicants are substantive holder of the post of TTA, officiating as JTO in the pay scale of Rs.9850-25-14600 since the year 2005, after completing necessary training to the post JTO and discharging duties of JTO. These officials are standing qualified as JTO on passing the Screening Test conducted in the year 2000 under JTO Recruitment Rule 1996 of DoT. These officials are being denied the regular promotion even after 10 years of passing the promotion examination.
A number of TTAs were qualified in the 35% qualifying exam in 1995 in accordance with RR of 1990. Before all of them got absorbed, the new 1996 RR came into being. At that time the TTAs who qualified earlier to the publication of the rule were given protection ie, "they were deemed to have been qualified in the new 96RR" .Thereafter 1999 RR and subsequent to the formation of BSNL, 2001 RR also came into existence wherein a competitive exam was brought in for the Departmental candidates for the post of JTOs. The Officials who were earlier permitted with various engineering qualifications were restricted and only certain branches like Electrical. Electronics, Telecom, Computer science..etc were permitted to appear in the exam.
Knowingly or unknowingly the people who were qualified in the 1996 RR were not given protection .The following hardships are caused due to the change of RR of 2001 Of the 5500 TTAs qualified and waiting for appointment as JTOs, 3500 got absorbed. The balance 2000 people were sent for training in accordance with 2001 RR syllabus and subsequently appointed to officiate as JTOs in various states of the country and they have been discharging their duties to the satisfaction of their superiors to the best of their ability till date. There have been no instances where they were declared unfit during this period. Most of these people have been working for more than 5 years as JTOs continuously.
You may agree with us the enormous amount of mental agony and financial deprivation these people will be subjected to in case of reversion. It will be unthinkable for these lot to again go and work in the lower rank having worked for long time as JTOs .Already our association have approached your good self to amicably settle this issue as a one -time measure.
On formation of BSNL an agreement was signed by the management with the staff unions to the effect “that all the employees who have already qualified for promotion will be absorbed before fresh appointments are done". Copy of agreement enclosed. This promise has been violated and many people have been appointed to the post of JTOs.. No protection was given in the 2001 recruitment rule to accommodate these already qualified TTAs and therefore the left out Officiating JTOs (about 2200) could not be appointed.
Therefore in order to comply the agreement and to give relief to the Officiating JTOs an amendment in the RR2001 is necessary .An amendment to the effect that “The TTAs already qualified in accordance with 1966 RR will be deemed to have been qualified under this RR” be incorporated.
We therefore request to you not to bury the case under subjudice as court cases may take enormous amount of time, money and energy and loss of person to man the posts.
With kind regards,
Yours sincerely
(PRAHLAD RAI)
General Secretary
Copy to:-1. Shri D.P.De, GM (Estt.) BSNL, New Delhi
Friday, August 6, 2010
NEWS FROM KABEERDAS DELHI
DELHI MEETING DETAILS OF TODAY (06-08-10)
THE TWO MEMBER DELIGATION OF OJTO ASSOCIATION COMPRISING SRI.KABEERDAS AND SRI.RAJENDER REDDY TO DAY MET SRI.HARSHAVARDHAN SINGH (DGM(EST) AT CORPORATE OFFICE AND DISCUSSED THE FOLLOWING POINTS PERTAINING TO OFFICIATING JTOs.
1.IN VIEW OF SUPREME COURT CASE DISPOSAL ,WE REQUSETED DGM(EST) TO MAKE ARRANGEMENTS TO SPEED UP THE CHANDIGARH COURT REVIEW APPLICATION IN CASE NO:RA-CW:148/2009 AND MAKE IT DISPOSED EARLY.
2.REQUESTED TO MAKE CLARIFICATION ON PAY FIXATION OF OFFICIATING JTOs AND SUBSTANTIVE CADRE AND ARREARS PAYMENT.
3.ONETIME MEASURE PERSONNEL UPGRADATION OF ALL LEFTOUT OFFICIATING JTOs WHO ARE DOING THE DUTIES OF JTO SINCE MAY-2005.
HE RESPONDED POSITIVELY AND ASSURED TO DO THE NEEDFUL AS EARLY AS POSSIBLE.
WE ALSO MET SRI.SIVASANKAR PRASAD ,(AGM-PERSONNEL:3) AND REQUESTED FOR ISSUING OF CLARIFICATION ON PAY FIXATION OF OFFTG JTOs AND THEIR SUBSTATIVE CADRE AND ARREARS PAYMENT.WE ALSO REQUESTED TO ISSUE ORDERS ON FR-35 PAY FIXATION FOR OFFICIATING JTOs WITH RS:2000/ ADHOC AMOUNT FROM THE DATE OF 5TH PAY COMMISSION (RECOMONDATIONS) IMPLEMENTATION.HE ASSURED TO ISSUE ORDERS IN THE NEXT WEEK ON THE ABOVE ISSUES.
WE ALSO MET SRI PRAHLADRAI ,GS (AIBSNLEA) AND REQUESTED TO SOLVE THE ABOVE ITEMS AND SUBMITTED A MEMORANDUM TO SRI PRAHLADRAI ON PERSONNEL UPGRADATION ISSUE......KABEERDAS
THE TWO MEMBER DELIGATION OF OJTO ASSOCIATION COMPRISING SRI.KABEERDAS AND SRI.RAJENDER REDDY TO DAY MET SRI.HARSHAVARDHAN SINGH (DGM(EST) AT CORPORATE OFFICE AND DISCUSSED THE FOLLOWING POINTS PERTAINING TO OFFICIATING JTOs.
1.IN VIEW OF SUPREME COURT CASE DISPOSAL ,WE REQUSETED DGM(EST) TO MAKE ARRANGEMENTS TO SPEED UP THE CHANDIGARH COURT REVIEW APPLICATION IN CASE NO:RA-CW:148/2009 AND MAKE IT DISPOSED EARLY.
2.REQUESTED TO MAKE CLARIFICATION ON PAY FIXATION OF OFFICIATING JTOs AND SUBSTANTIVE CADRE AND ARREARS PAYMENT.
3.ONETIME MEASURE PERSONNEL UPGRADATION OF ALL LEFTOUT OFFICIATING JTOs WHO ARE DOING THE DUTIES OF JTO SINCE MAY-2005.
HE RESPONDED POSITIVELY AND ASSURED TO DO THE NEEDFUL AS EARLY AS POSSIBLE.
WE ALSO MET SRI.SIVASANKAR PRASAD ,(AGM-PERSONNEL:3) AND REQUESTED FOR ISSUING OF CLARIFICATION ON PAY FIXATION OF OFFTG JTOs AND THEIR SUBSTATIVE CADRE AND ARREARS PAYMENT.WE ALSO REQUESTED TO ISSUE ORDERS ON FR-35 PAY FIXATION FOR OFFICIATING JTOs WITH RS:2000/ ADHOC AMOUNT FROM THE DATE OF 5TH PAY COMMISSION (RECOMONDATIONS) IMPLEMENTATION.HE ASSURED TO ISSUE ORDERS IN THE NEXT WEEK ON THE ABOVE ISSUES.
WE ALSO MET SRI PRAHLADRAI ,GS (AIBSNLEA) AND REQUESTED TO SOLVE THE ABOVE ITEMS AND SUBMITTED A MEMORANDUM TO SRI PRAHLADRAI ON PERSONNEL UPGRADATION ISSUE......KABEERDAS
Tuesday, June 22, 2010
NEWS FROM AIBSNLEA KERALA SITE
21-06-2010
C.E.C meeting was held on 19-6-2010 at "Sikshak Sadan" Ernakulam. Com. P.F. Antony Circle President presided the meeting. Com. K.S.Rajasekharan Nair, CHQ-Vice-President was present. Com. P.M.Damodaran, District Secretary, Ernakulam, welcomed the participants.
Com. T.K.Mangalanandan, Circle Secretary, appraised the body regarding the developments took place in various pending issues such as inter-SSA transfer of executives, 2nd PRC pay scale to Officiating JTOs, delay in issuing officiating promotion order in the cadre of SDEs/ DEs etc. Regarding extending ACP benefits to executives in Civil/ Ele/Arch wing as per the recent C.O order, the matter has already been taken up with CEs/ CGMT for quick implementation. Case of repatriation of executives sent out to tenure stations has also been taken up with CGMT.
Regarding 2nd PRC pay-scale to Offtg JTOs, it was reported that all the SSAs except Palaghat SSA, implemented the same. But the arrears have not been drawn in many SSAs . The Association is vigorously pursuing the case at circle as well as CO level to ensure that the matter is settled in our favour in a uniform manner through out the circle.
Regarding request transfers in the cadre of executives in the Finance wing, the matter has been taken up with GM( Fin) and CGMT with a suggestion to allow all pending request transfers to the maximum possible extent while making re-arrangements for implementing all India transfers ordered by C.O. Also demanded to allow officiating promotions to all vacant positions.
Com.Alias Chacko, Org.Secretary pointed out the unsettled case of notional fixation w.e.f.1-10-2000, in the upgraded scale allowed to SDE Civi/ Ele/Arch at par with Executives in Telecom, as done in the case of JAOs/ AAOs. The CEC considered the matter decided to pursue further with GS , as the same is already taken up by the CHQ.
A review of the 3rd Circle Conference was made by the CEC and appreciated the special efforts taken by the Kollam Branch in hosting the conference and making it a success.
The audited accounts of the 3rd Circle Conference held at Kollam from 13-5-2010 to 15-5-2010 was passed by the CEC.
The C.E.C authorised the Circle Secretary to take appropriate organisational action including agitation programmes in the matter of settling pending issues with in the Circle such as problems faced by offtg JTOs.
CEC members expressed their views regarding implementation of work contract system for line/ cable maintenance in the field. The CS will present this to the CGMT in the ensuing meeting.
C.E.C meeting was held on 19-6-2010 at "Sikshak Sadan" Ernakulam. Com. P.F. Antony Circle President presided the meeting. Com. K.S.Rajasekharan Nair, CHQ-Vice-President was present. Com. P.M.Damodaran, District Secretary, Ernakulam, welcomed the participants.
Com. T.K.Mangalanandan, Circle Secretary, appraised the body regarding the developments took place in various pending issues such as inter-SSA transfer of executives, 2nd PRC pay scale to Officiating JTOs, delay in issuing officiating promotion order in the cadre of SDEs/ DEs etc. Regarding extending ACP benefits to executives in Civil/ Ele/Arch wing as per the recent C.O order, the matter has already been taken up with CEs/ CGMT for quick implementation. Case of repatriation of executives sent out to tenure stations has also been taken up with CGMT.
Regarding 2nd PRC pay-scale to Offtg JTOs, it was reported that all the SSAs except Palaghat SSA, implemented the same. But the arrears have not been drawn in many SSAs . The Association is vigorously pursuing the case at circle as well as CO level to ensure that the matter is settled in our favour in a uniform manner through out the circle.
Regarding request transfers in the cadre of executives in the Finance wing, the matter has been taken up with GM( Fin) and CGMT with a suggestion to allow all pending request transfers to the maximum possible extent while making re-arrangements for implementing all India transfers ordered by C.O. Also demanded to allow officiating promotions to all vacant positions.
Com.Alias Chacko, Org.Secretary pointed out the unsettled case of notional fixation w.e.f.1-10-2000, in the upgraded scale allowed to SDE Civi/ Ele/Arch at par with Executives in Telecom, as done in the case of JAOs/ AAOs. The CEC considered the matter decided to pursue further with GS , as the same is already taken up by the CHQ.
A review of the 3rd Circle Conference was made by the CEC and appreciated the special efforts taken by the Kollam Branch in hosting the conference and making it a success.
The audited accounts of the 3rd Circle Conference held at Kollam from 13-5-2010 to 15-5-2010 was passed by the CEC.
The C.E.C authorised the Circle Secretary to take appropriate organisational action including agitation programmes in the matter of settling pending issues with in the Circle such as problems faced by offtg JTOs.
CEC members expressed their views regarding implementation of work contract system for line/ cable maintenance in the field. The CS will present this to the CGMT in the ensuing meeting.
Thursday, June 10, 2010
NEWS FROM AIBSNLEA SITE
09.06.2010 : Joint Action Committee (JAC) Meeting : JAC leaders met today to discuss and analyse the status of demands / assurances given by Hon'ble MoC&IT in the meeting held on 20.04.2010 during Indefinite Strike. JAC after detailed discussions and analysing the actions taken by DOT / BSNL expressed its serious dissatisfaction that there is no seriousness in DOT for the redressal of the JAC demands and on the assurances given by Hon'ble MoC&IT. Even after a lapse of 1 month and 20 days period the Cabinet Note on IDA pension revision and ITS officers' absorption issues has not been prepared and circulated to nodal ministries, whereas the assurance was given that within one month period the Cabinet Note on both the issues will be sent for inter-ministerial circulation and thereafter within 2-3 months Cabinet approval will be taken.
The 78.2% IDA fitment benefit instead of 68.8% as per DPE OM dated 02.04.2009 has not been implemented by BSNL Management, despite the assurance given by the Hon'ble MoC&IT. Issue is being dragged by forming a committee.
The assurance given by Hon'ble MoC&IT for the procurement of 10 million GSM lines immediately has been reduced to 5.5 million GSM lines by BSNL Board which will adversely affect the growth of BSNL and its viability.
BSNL Management has promptly paid 3G spectrum charges to DOT Rs. 10,186.56 Cr. without showing any resistance and request for deferred payment in view of the continuous decline of BSNL's profit and is now ready to make the payment of WiMAX and Broadband about Rs. 9000 Cr. BSNL Management ignoring the protest of JAC and without bothering the BSNL's financial health is trying to exhaust the BSNL reserves. It was seriously viewed and JAC demanded that 3G spectrum charges should immediately be refunded to BSNL and may be taken as deferred payment on yearly basis and further WiMAX/Broadband license fee charges should be paid only on deferred payment basis.
JAC demanded that Govt. of India should issue instructions / order to all Central / State Govt, departments and PSUs to take telecom services compulsorily from BSNL / MTNL only and also should allow BSNL to procure equipments on competitive rates from the suppliers / vendors on international security standards irrespective of technology.
On the above issues, JAC unanimously decided to resort immediate trade union action programmes i.e. Massive Demonstration on Monday, 14th June 2010 during Lunch / Closing hours and Mass Dharna for one day on Wednesday, 16th June 2010 at BSNL Corporate Office, all Circle / SSA HQs. All the Circle / Branch Secretaries are requested to ensure successful implementation of Agitation Programmes. Future course of action will be decided by JAC shortly.
The 78.2% IDA fitment benefit instead of 68.8% as per DPE OM dated 02.04.2009 has not been implemented by BSNL Management, despite the assurance given by the Hon'ble MoC&IT. Issue is being dragged by forming a committee.
The assurance given by Hon'ble MoC&IT for the procurement of 10 million GSM lines immediately has been reduced to 5.5 million GSM lines by BSNL Board which will adversely affect the growth of BSNL and its viability.
BSNL Management has promptly paid 3G spectrum charges to DOT Rs. 10,186.56 Cr. without showing any resistance and request for deferred payment in view of the continuous decline of BSNL's profit and is now ready to make the payment of WiMAX and Broadband about Rs. 9000 Cr. BSNL Management ignoring the protest of JAC and without bothering the BSNL's financial health is trying to exhaust the BSNL reserves. It was seriously viewed and JAC demanded that 3G spectrum charges should immediately be refunded to BSNL and may be taken as deferred payment on yearly basis and further WiMAX/Broadband license fee charges should be paid only on deferred payment basis.
JAC demanded that Govt. of India should issue instructions / order to all Central / State Govt, departments and PSUs to take telecom services compulsorily from BSNL / MTNL only and also should allow BSNL to procure equipments on competitive rates from the suppliers / vendors on international security standards irrespective of technology.
On the above issues, JAC unanimously decided to resort immediate trade union action programmes i.e. Massive Demonstration on Monday, 14th June 2010 during Lunch / Closing hours and Mass Dharna for one day on Wednesday, 16th June 2010 at BSNL Corporate Office, all Circle / SSA HQs. All the Circle / Branch Secretaries are requested to ensure successful implementation of Agitation Programmes. Future course of action will be decided by JAC shortly.
Wednesday, June 9, 2010
NEWS FROM AIBSNLEA KERALA
07-06-2010
Regarding 2nd PRC pay scale for officiating JTOs, the CGM decided to refer the case to Corporate Office for instructions despite clear directions of Hon. CAT, Ernakulam. Circle Secretary spoke to CGMT and reminded him of the present situation with regard to the prevailing court orders. But he sticks on the decision to seek clarification from C.O .
A clarificatory letter has been issued by C.S in this regad to CGMT/ GM(Finance) with copy to GS(AIBSNLEA) as given below.
========================================================
-----------------------------------------------------------------------------------------------------------
ALL INDIA BSNL EXECUTIVES’ ASSOCIATION
(A.I.B.S.N.L.E.A)
KERALA CIRCLE, THIRUVANANTHAPURAM
President Secretary Finance Secretary
K.F.Antony, T.K.Mangalanandan V.Sunil Kumar
C.A.O, PGMT(o) S.D.E (RMC) Project Vijay J.T.OTrichur PGMT(o)Ernakulam
Mobile-9446444166 Mobile- 9446574151 Mobile-9446556263
--------------------------------------------------------------------------------------------------------------------------------------------
No.AIBSNLEA/KER/GEN/2010-11 Dt.05-06-2010.
To
Shri.K.S.Srinivasan,
Chief General Manager, Telecom,
BSNL, Kerala Circle, Trivandrum-33.
Sir,
Sub:- Drawing pay in revised IDA pay scale of 2nd PRC in the case of Officiating JTOs in Kerala Circle.
Your kind attention is invited to this Association letter of even number dated 20-05-2010 on the above matter and discussions we had in the meeting held on 22-05-2010.
After detailed discussion in the presence of the GM(F) and GM(Admn) considering all the pros and cones of the issue and fully convinced of the genuineness of the case, you have agreed to issue orders to all concerned in the circle to draw the pay in the 2nd PRC pay-scale of JTOs for all officiating JTOs who are now getting only the 1st PRC pay-scale of JTOs . It was also decided that a guideline will be issued from your office to all SSAs / attached offices, to implement the 2nd PRC fixation in a uniform manner immediately. But to our great dismay it is now learnt that you have backed out from the decision and decided to refer the case to corporate office for clarification.
In this context we would like to bring the following points for your information :-(1) A considerably good number of JTO posts in this Circle, especially in hard remote stations and high range areas, are functioning on local officiating arrangement. All such officiating JTOs have successfully completed the initial training required for regular posting in JTO cadre and are continuously officiating for the past 5 years. From the inception of the promotion of them as JTOs they have been paid pay and allowances applicable to the post of JTO in accordance with the rules and practice in vogue. The pay had been fixed in the scale of pay of JTO as per F.R.17 and F.R.22(1)( a )(1) of the Fundamental Rules. In spite of the clear legal position, the CGMT, Kerala has issued a letter No. EST-III/2-5/Offg/2005 dated Trivandrum the 6th September, 2005, to the General Managers (Telecom) stating that pay fixation of the officiating JTOs may be restricted under FR 35.
(2) Several writ petitions were filed by groups of affected officials before the Hon’ble High Court of Kerala challenging the above said letter of CGMT. The Hon’ble Court admitted those writ petitions and stayed the operation of the said letter dt.6th Sept.2005. These writ petitions were finally disposed by the High Court, quashing the impugned letter, vide a common judgment dated 24-3-2006 in WP© No. 35938 of 2005 along with all connected cases .
(3) BSNL, Kerala, then filed appeal before Division Bench through W.A.No. 1735/06 and connected writ appeals. Division Bench of the High Court of Kerala, as per judgment dated 1.6.2007, without entering into the merits of the cases, directed the CMD, BSNL(1st Respondent) to give an opportunity of hearing to the affected parties. The Division Bench directed the Writ Petitioners in the aforesaid cases to file objection against the impugned letter and consequential memos issued to them for re-fixation of the pay within three weeks from the date of the judgment and directed the 1st Respondent (CMD) to consider the objections after giving an opportunity of being heard to the representatives nominated by the officers and pass appropriate orders in accordance with law within three months from the date of receipt of the objections.
(4) Pursuant to this judgment, the aggrieved parties therein filed their objections. Their representatives were heard by the 1st Respondent as directed by the Division Bench. Thereafter, the CMD,BSNL,(1st Respondent) issued a letter No. 3-Genl/21/2006-Pers-IV dated 20.11.2007, upholding the decision of invoking FR-35 instead of FR 22(1)(A)(1). The reasons mentioned therein were not relevant in as much as the fixation of pay of officiating JTOs. The Department has taken into account irrelevant consideration and ignored relevant consideration while taking a decision as to whether the order to implement FR 35 is legally sustainable. The only consideration for application of FR 22 of Fundamental Rules is as to whether the appointment of TTAs as JTOs on officiating capacity is subject to the eligibility conditions in the relevant recruitment rules and as to whether the post of JTO is a higher post carrying greater duties and responsibilities. Since all these conditions are satisfied in the case of temporary officiating promotion of TTAs to JTOs, FR 22(I)(a)(1) is squarely applicable and the pay has to be fixed in the scale of JTO as per the FR 22(I)(a)(1). Pursuant to the Corporate Office letter dated 20-11-2007, the finance wing started sending letters to all officiating JTOs stating that the pay during their officiating period will be regularized by restricting the pay under FR 35.
(5) The officiating JTOs affected by the order dated 20-11-2007 of CMD BSNL, filed writ petitions in several batches (WPC 564/2008 and 13 similar others) before the Hon. High Court of Kerala, praying (1) for quashing the impugned order and subsequent directions issued thereon. (2) for directing not to recover the pay and allowances paid to them in the scale of pay of JTO and(3) for further directing the respondents to continue to pay their pay and allowances due to them in the scale of pay of JTO as per Rule 22(I)(a)(1) of Fundamental Rules. The Hon. High Court heard the petitions initially and further transferred them to the C.A.T Ernakulam when the original jurisdiction of the parties in the service matter has been subsequently conferred up on the CAT and re-numbered the WPCs as TA s.( TA s 84 to 97 of 2008).
(6) All these petitions were finally heard together on 30-4-2009 and the CAT delivered its order on 15-7-2009. The C.A.T Ernakulam allowed the petitions (TA 84 to 97/2008) filed by the officiating JTOs and set aside the impugned order dated 20-11-2007 of CMD and subsequent order dated 4-12-2007 issued locally. The CAT further ordered as follows:-
“ Respondents are directed not to recover the pay and allowances already paid to the applicants in the scale of pay of JTO. They are further directed to continue to pay to the applicants pay and allowances due to them in the scale of pay of JTO as per Rule 22 (1)(a)(1) of Fundamental Rules.”
(7) Even before the issue of this final order by the CAT, this association had taken up the matter based on the interim order issued by the Hon. High Court, and Pay and allowances fixed as per FR 22(1)(a)(1) in the first PRC JTO scale is being drawn for officiating JTOs through out Kerala Circle on furnishing an undertaking by the officials. With the final order of the CAT cited above, this became obligatory on the part of the employer to continue the same even without insisting on any undertaking regarding refund.
(8) When the new pay scales as per 2nd PRC for executives became operational with effect from 1-1-2007 the scale of pay of JTO cadre was also revised. But this revised scale has not yet been allowed to the officiating JTO s for which no valid reasons exist. The final order of the CAT cited above clearly states that pay and allowance in the scale of pay of JTO fixed as per FR 22(1)(a)(1) should be continued. It is to be noted that this order of the CAT has not so far been stayed by any higher judicial body. Not drawing salary in the revised (2nd PRC) pay scale of JTO to officiating JTOs for a very long period of more than a year, is a clear case of violation of court order amounting to contempt of court as well as denial of justice. Moreover it is most illogical to continue to draw pay and allowances in an old scale of pay which was already replaced by another scale and hence became non-operative in the case of JTOs . We do not know how a non-existing pay scale is operated for a certain group of officers for years together.
In view of the facts narrated and the final order of CAT, Ernakulam on TA 84 to 97 / 2008 delivered on 15-7-2009, which is crystal clear and still in force, we request you to issue immediate orders to all concerned to draw pay and allowance of officiating JTOs in the corresponding 2nd PRC scale of pay of JTO, by allowing eligible fixation as ordered by the court of law.
It appears that the corporate office had not been appraised of the true different Kerala situation as detailed above. Had it been done properly in the right time, such an unpleasant situation would not have been arisen. We also request you to order for an inquiry by a competent authority, into the circumstances led to such an undesired condition, constantly denying natural justice to a group of officials who are striving hard for the progress of the company. We cannot appreciate the tendency on the part of the administration to drag every body to the court of law even for settling their simple fundamental service matters for which clear-cut guidelines and precedence exist.
Anticipating a very early settlement of the issue and assuring of our best co-operation always,
Yours Sincerely,
sd/-
(T.K.Mangalanandan)
Circle Secretary.
Copy:-1)GM (Finance)o/o CGMT, Kerala.
2)Com.Prahlad Rai,
General Secretary, AIBSNLEA. CHQ, New-Delhi.
Regarding 2nd PRC pay scale for officiating JTOs, the CGM decided to refer the case to Corporate Office for instructions despite clear directions of Hon. CAT, Ernakulam. Circle Secretary spoke to CGMT and reminded him of the present situation with regard to the prevailing court orders. But he sticks on the decision to seek clarification from C.O .
A clarificatory letter has been issued by C.S in this regad to CGMT/ GM(Finance) with copy to GS(AIBSNLEA) as given below.
========================================================
-----------------------------------------------------------------------------------------------------------
ALL INDIA BSNL EXECUTIVES’ ASSOCIATION
(A.I.B.S.N.L.E.A)
KERALA CIRCLE, THIRUVANANTHAPURAM
President Secretary Finance Secretary
K.F.Antony, T.K.Mangalanandan V.Sunil Kumar
C.A.O, PGMT(o) S.D.E (RMC) Project Vijay J.T.OTrichur PGMT(o)Ernakulam
Mobile-9446444166 Mobile- 9446574151 Mobile-9446556263
--------------------------------------------------------------------------------------------------------------------------------------------
No.AIBSNLEA/KER/GEN/2010-11 Dt.05-06-2010.
To
Shri.K.S.Srinivasan,
Chief General Manager, Telecom,
BSNL, Kerala Circle, Trivandrum-33.
Sir,
Sub:- Drawing pay in revised IDA pay scale of 2nd PRC in the case of Officiating JTOs in Kerala Circle.
Your kind attention is invited to this Association letter of even number dated 20-05-2010 on the above matter and discussions we had in the meeting held on 22-05-2010.
After detailed discussion in the presence of the GM(F) and GM(Admn) considering all the pros and cones of the issue and fully convinced of the genuineness of the case, you have agreed to issue orders to all concerned in the circle to draw the pay in the 2nd PRC pay-scale of JTOs for all officiating JTOs who are now getting only the 1st PRC pay-scale of JTOs . It was also decided that a guideline will be issued from your office to all SSAs / attached offices, to implement the 2nd PRC fixation in a uniform manner immediately. But to our great dismay it is now learnt that you have backed out from the decision and decided to refer the case to corporate office for clarification.
In this context we would like to bring the following points for your information :-(1) A considerably good number of JTO posts in this Circle, especially in hard remote stations and high range areas, are functioning on local officiating arrangement. All such officiating JTOs have successfully completed the initial training required for regular posting in JTO cadre and are continuously officiating for the past 5 years. From the inception of the promotion of them as JTOs they have been paid pay and allowances applicable to the post of JTO in accordance with the rules and practice in vogue. The pay had been fixed in the scale of pay of JTO as per F.R.17 and F.R.22(1)( a )(1) of the Fundamental Rules. In spite of the clear legal position, the CGMT, Kerala has issued a letter No. EST-III/2-5/Offg/2005 dated Trivandrum the 6th September, 2005, to the General Managers (Telecom) stating that pay fixation of the officiating JTOs may be restricted under FR 35.
(2) Several writ petitions were filed by groups of affected officials before the Hon’ble High Court of Kerala challenging the above said letter of CGMT. The Hon’ble Court admitted those writ petitions and stayed the operation of the said letter dt.6th Sept.2005. These writ petitions were finally disposed by the High Court, quashing the impugned letter, vide a common judgment dated 24-3-2006 in WP© No. 35938 of 2005 along with all connected cases .
(3) BSNL, Kerala, then filed appeal before Division Bench through W.A.No. 1735/06 and connected writ appeals. Division Bench of the High Court of Kerala, as per judgment dated 1.6.2007, without entering into the merits of the cases, directed the CMD, BSNL(1st Respondent) to give an opportunity of hearing to the affected parties. The Division Bench directed the Writ Petitioners in the aforesaid cases to file objection against the impugned letter and consequential memos issued to them for re-fixation of the pay within three weeks from the date of the judgment and directed the 1st Respondent (CMD) to consider the objections after giving an opportunity of being heard to the representatives nominated by the officers and pass appropriate orders in accordance with law within three months from the date of receipt of the objections.
(4) Pursuant to this judgment, the aggrieved parties therein filed their objections. Their representatives were heard by the 1st Respondent as directed by the Division Bench. Thereafter, the CMD,BSNL,(1st Respondent) issued a letter No. 3-Genl/21/2006-Pers-IV dated 20.11.2007, upholding the decision of invoking FR-35 instead of FR 22(1)(A)(1). The reasons mentioned therein were not relevant in as much as the fixation of pay of officiating JTOs. The Department has taken into account irrelevant consideration and ignored relevant consideration while taking a decision as to whether the order to implement FR 35 is legally sustainable. The only consideration for application of FR 22 of Fundamental Rules is as to whether the appointment of TTAs as JTOs on officiating capacity is subject to the eligibility conditions in the relevant recruitment rules and as to whether the post of JTO is a higher post carrying greater duties and responsibilities. Since all these conditions are satisfied in the case of temporary officiating promotion of TTAs to JTOs, FR 22(I)(a)(1) is squarely applicable and the pay has to be fixed in the scale of JTO as per the FR 22(I)(a)(1). Pursuant to the Corporate Office letter dated 20-11-2007, the finance wing started sending letters to all officiating JTOs stating that the pay during their officiating period will be regularized by restricting the pay under FR 35.
(5) The officiating JTOs affected by the order dated 20-11-2007 of CMD BSNL, filed writ petitions in several batches (WPC 564/2008 and 13 similar others) before the Hon. High Court of Kerala, praying (1) for quashing the impugned order and subsequent directions issued thereon. (2) for directing not to recover the pay and allowances paid to them in the scale of pay of JTO and(3) for further directing the respondents to continue to pay their pay and allowances due to them in the scale of pay of JTO as per Rule 22(I)(a)(1) of Fundamental Rules. The Hon. High Court heard the petitions initially and further transferred them to the C.A.T Ernakulam when the original jurisdiction of the parties in the service matter has been subsequently conferred up on the CAT and re-numbered the WPCs as TA s.( TA s 84 to 97 of 2008).
(6) All these petitions were finally heard together on 30-4-2009 and the CAT delivered its order on 15-7-2009. The C.A.T Ernakulam allowed the petitions (TA 84 to 97/2008) filed by the officiating JTOs and set aside the impugned order dated 20-11-2007 of CMD and subsequent order dated 4-12-2007 issued locally. The CAT further ordered as follows:-
“ Respondents are directed not to recover the pay and allowances already paid to the applicants in the scale of pay of JTO. They are further directed to continue to pay to the applicants pay and allowances due to them in the scale of pay of JTO as per Rule 22 (1)(a)(1) of Fundamental Rules.”
(7) Even before the issue of this final order by the CAT, this association had taken up the matter based on the interim order issued by the Hon. High Court, and Pay and allowances fixed as per FR 22(1)(a)(1) in the first PRC JTO scale is being drawn for officiating JTOs through out Kerala Circle on furnishing an undertaking by the officials. With the final order of the CAT cited above, this became obligatory on the part of the employer to continue the same even without insisting on any undertaking regarding refund.
(8) When the new pay scales as per 2nd PRC for executives became operational with effect from 1-1-2007 the scale of pay of JTO cadre was also revised. But this revised scale has not yet been allowed to the officiating JTO s for which no valid reasons exist. The final order of the CAT cited above clearly states that pay and allowance in the scale of pay of JTO fixed as per FR 22(1)(a)(1) should be continued. It is to be noted that this order of the CAT has not so far been stayed by any higher judicial body. Not drawing salary in the revised (2nd PRC) pay scale of JTO to officiating JTOs for a very long period of more than a year, is a clear case of violation of court order amounting to contempt of court as well as denial of justice. Moreover it is most illogical to continue to draw pay and allowances in an old scale of pay which was already replaced by another scale and hence became non-operative in the case of JTOs . We do not know how a non-existing pay scale is operated for a certain group of officers for years together.
In view of the facts narrated and the final order of CAT, Ernakulam on TA 84 to 97 / 2008 delivered on 15-7-2009, which is crystal clear and still in force, we request you to issue immediate orders to all concerned to draw pay and allowance of officiating JTOs in the corresponding 2nd PRC scale of pay of JTO, by allowing eligible fixation as ordered by the court of law.
It appears that the corporate office had not been appraised of the true different Kerala situation as detailed above. Had it been done properly in the right time, such an unpleasant situation would not have been arisen. We also request you to order for an inquiry by a competent authority, into the circumstances led to such an undesired condition, constantly denying natural justice to a group of officials who are striving hard for the progress of the company. We cannot appreciate the tendency on the part of the administration to drag every body to the court of law even for settling their simple fundamental service matters for which clear-cut guidelines and precedence exist.
Anticipating a very early settlement of the issue and assuring of our best co-operation always,
Yours Sincerely,
sd/-
(T.K.Mangalanandan)
Circle Secretary.
Copy:-1)GM (Finance)o/o CGMT, Kerala.
2)Com.Prahlad Rai,
General Secretary, AIBSNLEA. CHQ, New-Delhi.
Friday, June 4, 2010
MEETING WITH DP DE(GM ESTABLISHMENT) AT HYD
A 9 MEMBERS DELIGATION LED BY SRI.KABEERDAS MET SRI.D.P.DE (GM ESTABLISHMENT) AT ASMAAN MAHAL, HYDERABAD TODAY AT 8 AM AND EXPLAINED OUR LONG PENDING ISSUE OF ONE TIME MEASURE PERSONNEL UPGRADATION OF OFFICIATING JTOs.HE RESPONDED POSITIVELY TO OUR ISSUE AND ALSO ASKED THE STATUS OF COURT CASE.
Saturday, May 29, 2010
NEWS FROM AIBSNLEA KERALA SITE
28-05-2010
GM(Finance) Circle Office informed that JTO Pay scale in II PRC will be drawn for all Officiating JTOs
w.e.f 1-1-2007, soon.To avoid anomalies in fixation process, a guideline prescribing a uniform method is being issued from the Circle Office as per demand raised by this Association.Branch Secretaries/ office-bearers may ask the concerned SSA heads to consult with Circle office in this regard. Members need not be panic on this issue as a complete regularisation is expected by the first half of next month.
GM(Finance) Circle Office informed that JTO Pay scale in II PRC will be drawn for all Officiating JTOs
w.e.f 1-1-2007, soon.To avoid anomalies in fixation process, a guideline prescribing a uniform method is being issued from the Circle Office as per demand raised by this Association.Branch Secretaries/ office-bearers may ask the concerned SSA heads to consult with Circle office in this regard. Members need not be panic on this issue as a complete regularisation is expected by the first half of next month.
NEWS FROM OJTOs KERALA SITE
CONGRATULATIONS COMRADES …REVISED IDA PAY SCALE IMPLEMENTED.
Finally we could win in implementing revised IDA scale according to FR 22 (1) a (1) to all OJTOs in Kerala Circle .
Our sincere thanks to the tremendous efforts taken by the mighty fighters of OJTO Association and its leaders, who had more than a dozen of meetings with the officers concerned in the Circle office TVPM. We once again congratulate them for their diplomatic way of handling and tackling one more bottle neck issue successfully with out dragging to unnecessary litigations.
Our hearty congratulations to AIBSNLEA for its strong support in this issue
We have made our full effort to get it implemented in all the SSAs in Kerala Circle.
However if any SSA fails to give the pay, that is to be intimated to the Circle Coordinator Mr Pushparajan or Mr Jagannadhan .SSA Coordinators of all SSAs are requested to ensure the implementation of the IDA pay scale to all OJTOs in their SSAs.
Copy of the Circle Office Order on Revised IDA Pay Scale will be attached as and when released from Circle Office.
Sample Revised IDA pay scale Calculation and DA Rates will be Published Soon
OUR NEXT PRIME TARGETS
1) Regularization/one time up gradation to all OJTOs before JTO LICE
2) Win ‘SLP’ on 12-7-2010 in the Hon SC .
3) FR 22 1 a 1 case at Hon HC EKM
CIRCLE GENERAL BODY MEETING OF OJTO ASSOCIATION TO BE CONDUCTED DURING THE 2nd/3rd JUNE 2010.
THE DATE OF MEETING AND VENUE WILL BE PUBLISHED LATER.
Finally we could win in implementing revised IDA scale according to FR 22 (1) a (1) to all OJTOs in Kerala Circle .
Our sincere thanks to the tremendous efforts taken by the mighty fighters of OJTO Association and its leaders, who had more than a dozen of meetings with the officers concerned in the Circle office TVPM. We once again congratulate them for their diplomatic way of handling and tackling one more bottle neck issue successfully with out dragging to unnecessary litigations.
Our hearty congratulations to AIBSNLEA for its strong support in this issue
We have made our full effort to get it implemented in all the SSAs in Kerala Circle.
However if any SSA fails to give the pay, that is to be intimated to the Circle Coordinator Mr Pushparajan or Mr Jagannadhan .SSA Coordinators of all SSAs are requested to ensure the implementation of the IDA pay scale to all OJTOs in their SSAs.
Copy of the Circle Office Order on Revised IDA Pay Scale will be attached as and when released from Circle Office.
Sample Revised IDA pay scale Calculation and DA Rates will be Published Soon
OUR NEXT PRIME TARGETS
1) Regularization/one time up gradation to all OJTOs before JTO LICE
2) Win ‘SLP’ on 12-7-2010 in the Hon SC .
3) FR 22 1 a 1 case at Hon HC EKM
CIRCLE GENERAL BODY MEETING OF OJTO ASSOCIATION TO BE CONDUCTED DURING THE 2nd/3rd JUNE 2010.
THE DATE OF MEETING AND VENUE WILL BE PUBLISHED LATER.
Monday, April 26, 2010
Saturday, April 24, 2010
PRINCIPAL CAT CASE ON FR22(1)A1 DETAILS
THE CASE FILED BY US IN PRINCIPAL CAT DELHI FOR FR22(1)A1 PAY FIXATION FOR OFFTG JTOs (OA NO:1282/2010) IS POSTED FOR NEXT HEARING ON 02-06-2010.....N.KABEERDAS.
OUR SUPREME COURT CASE NEXT HEARING IS POSTED ON26-04-2010. N.KABEERDAS.
OUR SUPREME COURT CASE NEXT HEARING IS POSTED ON26-04-2010. N.KABEERDAS.
Friday, April 23, 2010
Tuesday, March 2, 2010
Wednesday, February 24, 2010
NEWS FROM AIBSNLEA SITE ON OUR ISSUE
23.02.2010 : GS, President, AGS (HQ), CWC member, Kerala Shri Ravindran and ACS Kerala Shri Jagannath met CMD BSNL and discussed :
(b) Regularisation of qualified and trained TTAs now officiating as JTOs :
We requested for making modification in JTO RRs 2001 that the TTAs already qualified in accordance with 1996 RR will be deemed to have been qualified under this RR be incorporated and allowing all existing TTAs to JTO LDCE irrespective of their qualification. CMD assured to look into the matter.
(b) Regularisation of qualified and trained TTAs now officiating as JTOs :
We requested for making modification in JTO RRs 2001 that the TTAs already qualified in accordance with 1996 RR will be deemed to have been qualified under this RR be incorporated and allowing all existing TTAs to JTO LDCE irrespective of their qualification. CMD assured to look into the matter.
Friday, February 19, 2010
NEWS FROM AIBSNLEA WEBSITE
18.02.2010: GS, President, CS HP Circle, CWC Member Kerala (Shri Ravindran) met Director (HR) (GM Pers was also present in the meeting) and discussed:
(C) Case of regularisation of qualified and trained TTAs now officiating as JTOs : We requested for making modification in JTO RRs 2001 that the TTAs already qualified in accordance with 1996 RR will be deemed to have been qualified under this RR be incorporated and allowing all existing TTAs to JTO LDCE irrespective of their qualification. Dir (HR) advised to provide the details of the existing TTAs working as offg. JTOs and assured to examine the issue.
(C) Case of regularisation of qualified and trained TTAs now officiating as JTOs : We requested for making modification in JTO RRs 2001 that the TTAs already qualified in accordance with 1996 RR will be deemed to have been qualified under this RR be incorporated and allowing all existing TTAs to JTO LDCE irrespective of their qualification. Dir (HR) advised to provide the details of the existing TTAs working as offg. JTOs and assured to examine the issue.
Tuesday, January 19, 2010
Saturday, January 16, 2010
Tuesday, January 12, 2010
.bmp)
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