Sri.PRAHLADRAI GS,AIBSNLEA LETTER ON OUR REGULARISATION DTD 24-07-2013

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S BTEU BSNL TELLER ON OUR ISSUE TO CMD BSNL

Vandemataram                                                                       Mobile No 094400 65100             BHARATIYA TELECOM EMPLOYEES UNION (BSNL)

1.         Registered No 5123

(Affiliated to Bharatiya Mazdoor Sangh & PSENC)

CHQ-24-147/16/1, East Anand Bagh, Malkajgiri, Hyderabad-500 047

Visit us at bteubsnl.org

NO: BTEU(BSNL) / Offtg JTO/2013                                        Dated the 18^th July 2013

To

Chairman & Managing Director

BSNL Corporate office

New Delhi-110 001

Subject: Regularisation of Officiating JTOs in BSNL by Personal Upgradation – Reg

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Respected Sir,

Kindly refer to this Union’s letters and the discussions the representatives of this union have had with you in the past regarding regularization of the services of JTOs who are working in the various circles in BSNL on officiating basis.  The facts of the case were brought to your kind notice

We are now given to understand that the Hon’ble Punjab Court has dismissed the contempt petition filed against the CMD BSNL and others thys paving the way for an early settlement of this long and vexed issue.

Now the position is that the Limited Internal competitive examination for promoion to JTO cadre has taken place on 2.6.2013 in BSNL.  The results of which are expected shortly. 

However, before the conduct of the aforesaid examination several cases were filed in various Central Administrative Tribunals by the officiating JTOs.  The Hon’ble CAT Ernakulam while hearing the case in OA O 278,378 and 411 of 2013 has averred that the management may conduct the examination however, the results of which are not to be declared till such time the issue of Regularisation of officiating JTOs is resolved.

Similarly, the Principal Bench CAT, Delhi in its order in OA NO 1467 and MA no 1333 of 2013 has also echoed the same and directed the management that the vacancies are to kept reserved for the officiating JTOs till their case is finally disposed.

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This union has proposed in the past for a onetime upgradation of the posts of TTAs i.e. their substantive posts so that the issue gets resolved once for all.    Sir, the Post of  JTO in BSNL is a very pivotal one and the entire field staff depend on the JTO to attend to various works in the field. These officiating JTOs have been discharging their duties as effectively as anyone else and it would be just and fair on the part of the BSNL management to regularize their services.  This does not entail any financial burden on the company as most of them are sufficiently senior.

We therefore request your honor to kindly see that the issue is resolved immediately i.e. well before the results of the LICE held on 2.6.2013 are declared.

With profound regards,

Yours faithfully,

(S.V.S.Subrahmanyam)

General Secretary

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GS BTEU BSNL LETTER ON OUR ISSUE

Vandemataram                                              Mobile No 094400 65100

BHARATIYA TELECOM EMPLOYEES UNION (BSNL)

Registered No 5123

(Affiliated to Bharatiya Mazdoor Sangh & ITEF)

CHQ-24-147/16/1, East Anand Bagh, Malkajgiri, Hyderabad-500 047

Visit us at bteubsnl.org

No: BTEU(BSNL)/Agitation/2013                                             Dated the 18^th   June  2013

To

Shri Neeraj Verma Ji,

Sr General Manager (SR)

BSNL Corporate Office

New Delhi

            Subject: Regularisation of Services of Officiating JTOs – reg

Respected sir,

            Kindly recall the discussions the representatives of this union have had with you on 29.4.2013 in your chambers on the demands raised by this union pursuant to the agitation notice served on the management. The discussions took place at your initiative and the said agitation was also deferred. One of the demands raised by this union pertains to Regularisation of Services of the Officiating JTOs.

During the course of discussions you were kind enough to assure us that the management would consider the case for the regularization of the Officiating JTOs after obtaining legal opinion from the appropriate authority.  In this connection we would like to draw your attention to the fact that the AIBSNLEA also had a meeting over this issue on the same day and they were also assured on the same aspect.  It is therefore requested to get the matter processed by the Establishment wing in case the said legal opinion is received, at the earliest as these officiating JTOs have  been waiting for their regularisation for the past 10 years. Many of them are due for superannuation in the coming months.

            In view of the above it is requested to kindly see that necessary instructions are issued to the CGMs for taking immediate action in the matter as the cadre is becoming restive with each passing day.  In case no relief is given to these officials before the release of the results of the JTO LICE, the union would be forced to revisit their agitation programme which was deferred on your request.

            With profound regards.

Yours faithfully,

(S.V.S.Subrahmanyam)

General Secretary

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GS BTEUBSNL LETTER TO GM(SR) ON OUR ISSUES

Vandemataram                                              Mobile No 094400 65100

BHARATIYA TELECOM EMPLOYEES UNION (BSNL)

Registered No 5123

(Affiliated to Bharatiya Mazdoor Sangh & ITEF)

CHQ-24-147/16/1, East Anand Bagh, Malkajgiri, Hyderabad-500 047

Visit us at bteubsnl.org

NO: BTEU(BSNL) / Offtg JTO/2013                                       Dated the 29^th April 2013

To

Shri Neeraj Verma,

Sr General Manager (SR)

BSNL Corporate office

New Delhi

Subject: Regularisation of Officiating JTOs in BSNL by Personal Upgradation – Reg

****

Respected Sir,

            This is in continuation of the discussions the representatives of this union have had with you on 29..3013  regarding regularization of the services of JTOs who are working in the various circles in BSNL on officiating basis.  The brief facts of the case are as follows please.

1.      The DOT conducted a screening test for the TTAs working in various circles in the year 2000 against the then available vacancies and the results of the said examination was declared. Some of the officials who succeeded in the examination were sent for training and given appointment as JTOs against the then available vacancies. After this a waiting list was maintained for the rest of the officials.

2.      Thereafter a decision was taken to divert 500 posts per year from out of the Direct Recruitment quota during August 2001 and for about 6 years the process was continued.

3.      Basing on a court case in the Hon’ble Punjab and Haryana High Court, diversion of vacancies was stopped. 

4.      Since then the left out officials could not be absorbed in the JTO cadre even though they have completed all training formalities and are working on officiating basis in the circles and many of them have retired on superannuation during this period.

5.      The court case that was filed in the Punjab and Haryana court has no bearing on the regularisatino of the services of the left out officials. The case was against diversion of out side quota and subsequent contempt was against creation of supernumery posts. 

6.      Further the petitioners to the case have given a false affidavit in the Hon’ble court regarding their eligibility and they have as such no locus standi.  This fact was brought to the notice of the BSNL management yet no action was taken to verify the facts.

Contd.2…

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This union has proposed in the past for a onetime upgradation of the posts of TTAs i.e. their substantive posts so that the issue gets resolved once for all.    Sir  the post of a JTO in BSNL is a very pivotal one and the entire field staff, depend on the JTO to attend to various works in the field. These officiating JTOs have been discharging their duties as effectively as anyone else can and it would be just and fair on the part of the BSNL management to regularize their services.  This does not entail any financial burden on the company also as most of them are sufficiently senior. Further Personal upgradation will not come in the way of the present court case also as they are not going to occupy the posts of any other officials or quota.

We therefore request you to kindly see that the issue is resolved immediately. Now that the BSNL management is making arrangements to conduct the JTO Limited Internal competitive examination in the month of June 2013, it is very much essential that this issue is resolved well before the said examination is conducted.

With profound regards,

Yours faithfully,

(S.V.S.Subrahmanyam)

General Secretary

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NEWS FROM AIBSNLEA SITE

17.07.2013:  GS met GM(Estt.) and discussed

(a) Regularization of Offg. JTOs as one time measure: We requested to take necessary steps to regularize Offg. JTOs as assured since the pending court case in Hon'ble High Court Chandigarh is dismissed. GM(Estt.) mentioned that let, the court judgment copy be received and the results of LICEs are also declared, necessary steps will be taken in this regard.

(b) Pay fixation of Offg. JTOs under FR 22(1)(a)(i): We requested to implement Hon'ble Supreme Court judgment for all the Offg. JTOs for pay fixation under FR-22(1)(a)(i) rule w.e.f. the year-2005. GM(Estt.) mentioned that he has to re-examine the case and thereafter only he will be in a position to mention something on this issue.

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NEWS FROM AIBSNLEA SITE ON OUR ISSUE

17.07.2013: Regarding regularisation of officiating JTOs::It is reported that, the Hon'ble High Court of Punjab & Haryana at Chandigarh  was pleased  enough to close the Contempt of Court case COCP 1431/2008 against CMD BSNL & others filed by some petitioners in WPC 5608/2007 in the matter of diversion of DR quota JTO vacancies. The counsel for contempt petitioners has  chosen to withdraw the contempt petition and the high court has been pleased to dispose of the contempt petition on his statement. No adverse observation  with  account to supernumerary posting of Officiating  JTOs have been made by the court virtually accepting the stand of BSNL to adjust earlier test qualifying offg. JTOs. This order will pave way for adjustment/regular promotion of  all other offg. JTOs as a one time measure all over india. 
The BSNL Management have to proceed further in an impartial and judicious manner to settle the issues of officiating JTOs  amicably. The present development shows  that the suggestion  already put forward by AIBSNLEA in the matter of regularisation of the remaining officiating JTOs by a one time personal upgradation, is the correct  feasible and viable solution. Now the authorities are also at liberty to settle the issue by creating sufficient number of supernumerary posts. There was no need to wait for the closure of the Contempt of Court Case. BSNL ought to have  initiated  the regularisation of the remaining officiating JTOs through the upgradation as demanded by all recognised trade unions and associations in BSNL.   Now it is  time for the BSNL authorities to act judiciously and keep word as assured in writing  to AIBSNLEA  in this matter  in connection with the  settlement of  the latest Organisational  Actions called by AIBSNLEA.  

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NEWS FROM VARIOUS BSNL UNIONS WEBSITES ON COCP-1431/2008 DISMISSAL AT CHANDIGARH HIGHCOURT

FROM AIBSNLEA SITE:

16.07.2013: GS discussed  GM(Estt.) regarding JTO Offg. Court cases & he mentioned that Hon'ble High Court  Chandigarh dismissed  the case today. It will pave  the way to regularization of Offg. JTOs. AIBSNLEA consistent efforts yielded the result.

FROM SNEA SITE:

The contempt against CMD/BSNL in Hon High Court at Chandigargh on officiating JTOs case dropped. The Hon HC dropped proceedings as BSNL conducted the LICE from TTA to JTO. Assn will be pursuing the regularization of the offtg JTOs as one time measure as the contempt is dropped. 

FROM BTEUBSNL SITE:

16_7_13 The CHQ has been advocating for a long time that offtg JTOs would be regularised. The time has now come. The honble Chandigarh court has dismissed the contempt case filed by ineligible officials. The remaining offtg JTOs can now regularised.

FROM OJTO's KERALA SITE

“Whenever you are confronted with an opponent..
Conquer him with love...”…MAHATHMA…

COCP 1431/2008 HAS BEEN DISPOSED TODAY 

Dear friends
The contempt of court petition pending before the Hon’High Court of Punjab and Haryana has been disposed today. 
Our Adv. R S Ahluwalia and Gagneshwar Walia appeared for OJTOs Kerala. Five member team from Andhra Pradesh including Mr. Kabeerdas attended the hearing.
After lengthy arguments of two sessions (one morning and another after noon) the counsel for contempt petitioners have chosen to withdraw the contempt petition and the high court has been pleased to dispose of the contempt petition on his statement. No adverse observation with account to supernumerary posting of jtos have been made by the court virtually accepting the stand of bsnl 
to adjust earlier test qualifying ojtos. This order will pave way for adjustment/regular promotion of ojtos as a one time measure all over india.
Now BSNL has to keep word as assured to Joint Forum in the settlement of the last Trade Union action.
OJTOs Association express its sincere thanks to One and all of its members for their efforts to get this victory. 

“One can chase you...
One can defeat you...
But no one can chain your...
Will to win the final game...”

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