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
