NEWS FROM SNEA SITE

Implementation of Hon Ernakulam High Court order on pay fixation under FR22(1)(a)(1) without the restriction of FR 35 for the officiating JTOs.  

The SLP filed by BSNL against the Hon Ernakulam High Court order on pay fixation under FR22(1)(a)(1) without the restriction of FR 35 for the officiating JTOs was dismissed recently.

GS and AGS met GM(Estt) and held discussion regarding the implementation of High Court order by generalizing it. Before filing the SLP in the Hon Supreme Court, we requested management to implement the High Court order but management gone ahead with the SLP. GM(Estt) informed that a proposal to implement the Hon Ernakulam High Court order is moved by the Estt section for the approval of Competent authority.

Later on we met CGM(Legal) in this regard and requested to clear the proposal of Estt section.

SNEA filed the case at PCAT New Delhi, which allowed pay fixation under FR22(1)(a)(1) without the restriction of FR 35 for the SNEA members subject to the final outcome of the Ernakulam High Court order.

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SNEA LETTER ON FR22 (1)A(1) SCALE IMPLIMENTATION FOR OFFICIATED JTOs

No: SNEA/CHQ/DIR(HR)/2015-18/100                Dated 29^th August, 2018.

To

Smt Sujata T Ray,                                                        

Director (HR), BSNL Board,

New Delhi.

Sub: Early implementation of Hon Kerala High Court order on Pay fixation for the Officiating JTOs under FR22(1)(a)(1) without the restriction of FR35 as the Hon Supreme Court dismissed the SLP filed by BSNL. There is no need for filing a review petition again in the Hon SC by spending huge money: -

Ref: 1. No: SNEA/CHQ/DIR(HR)/2015-18/88       Dated 19^th February, 2018.

2. Judgment Dated 15th day of September, 2017 by Hon. High Court of Kerala in W.P.(C) Nos. 7723, 8077, 23015, 23141, 23287, 23753, 23407, 23850, 24091, 24092, 26872, 26873, 26883 of 2010 & OP(CAT) No. 2107 of 2011.

Respected Madam,

Kindly recall the discussions in this regard, requesting the management to implement the Hon Kerala High Court order dated 15.09.2017 by generalising it as all the JTOs are regularised and majority of them are already retired from the service. A letter also given by this Association in this regard explaining the matter in detail (ref 1 above).

Recently the SLP filed by BSNL in the Hon Supreme Court against the Kerala High Court order was dismissed. This final order has come after a series of litigations spanning more than 11 years. As the case was pending, these officers were denied many benefits like 78.2% IDA merger, pay fixation on promotion etc for years together. Huge recoveries were effected from many, particularly at the time of their retirement.

We once again appeal to the BSNL management to implement the Judgment by generalising it and put an end to this long drawn litigation, without resorting to filing of review petition and wasting valuable money and manpower of the company. The lawyers are taking lot of money from BSNL in the name of court cases, at the same time the affected employees are getting penalized.  

With regards,

(Sebastin. K)

Copy to:

1. Shri. H C. Pant, CGM(Legal), BSNLCO for information and n/a please.

2. Shri. Saurabh Tyagi, GM(Estt), BSNLCO for information and n/a please.

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NEWS FROM SNEACHQ SITE ON JTO TO SDE PROMOTION

JTO to SDE promotion case at Ernakulam:

BSNL filed review petition in the Hon Ernakulam High Court against the order dated 05.06.2018 quashing the AIEL of direct recruits and excess promotees based on training centre marks as the inter-se seniority criteria. Hon HC ordered to fix the inter-se seniority of direct recruits and excess promotees as per date of joining/promotion.

In the review petition BSNL  pleaded for:

1. Restoration of training center marks for fixing the inter-se seniority among direct rects,

2. Restoration of rect year concept

and

3. Deletion of the reference in the HC order that excess promotion is there from 1995 onwards instead of 2001 onwards.

Once the review petition is allowed and trg centre marks is restored, we will be able to expedite the JTO to SDE promotion.

We hope that the applicants who are AIGETOA activists will not oppose the review petition to restore the trg centre marks and help to issue promotion orders.

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NEWS FROM SNEACHQ SITE ON FR22 1A 1 SCALE FOR OFFICIATED JTOs

Extending the benefit of FR22(1)(a)(1) for the JTOs officiated earlier. The Hon SC dismissed the SLP filed by BSNL. BSNL counsel given his opinion to file a review petition in the Hon SC. However Estt section proposed to implement the judgment without going for further litigations. This will go to CGM(Legal) and then to DIR(HR) for the final decision.

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NEWS FROM SNEA SITE

Officiating JTOs Pay fixation under FR22(1)a(1): It is understood that the SLP filed by Kerala Circle against the judgement of Hon. HC of Kerala  "allowing pay fixation under the provisions of FR22(1)a(1) without the restriction of FR 35" is dismissed by Hon. Supreme court. Association also filed the petition in the Hon. PCAT New Delhi for our members who are officiating JTOs and got favourable judgement earlier. PCAT allowed our petition based on the final out come of the Hon. HC of kerala. Since the SLP of Kerala Circle is dismissed by Hon. Supreme Court now, our prayer "Allowing pay fixation under the provisions of FR22(1)a(1) without the restriction of FR 35" in Hon. PCAT attains finality.
 

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GOOD NEWS FOR OFFICIATING JTOs

FROM AIBSNLEA WEBSITE:

2018:  FR-22(1)a(i) Pay Fixation Case of Offg. JTOs:

Hon’ble Supreme Court dismissed the SLP filed by BSNL Corporate Office against the Hon’ble High Court Kerala judgment regarding FR-22(1)a(i) Pay fixation case of Offg. JTOs of Kerala Circle. AIBSNLEA had already requested BSNL Management for implementation of Hon’ble Kerala High Court judgment but on the basis of legal opinion BSNL filed the SLP in the Hon’ble Supreme Court. We congratulate our JTO members for their victory.

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