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.
LORD BALAJI
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