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.
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