Wednesday, September 28, 2011
Tuesday, August 30, 2011
FR22(1)A1 CASE UPDATE FROM KABEERDAS BLOG
THE PRICIPAL CAT TODAY DIRECTED BSNL TO IMPLEMENT FR22(1)A1 SCALE TO ALL OFFICIATING JTOs .
TO DAY THE PRICIPAL CAT WHILE HEARING THE CASE HAS DIRECTED BSNL TO IMPLEMENT FR22(1)A1 SCALE TO ALL OFFICIATING JTOs ATPAR WITH KERALA JUDGEMENT.CAT HAS DIRECTED BSNL TO IMPLEMENT THE SAME WHILE HEARING OUR CASES WITH SL NOs :1.RA125/2011,2.OA1282/2010 AND 3.MA308/2010......... KABEERDAS
Thursday, July 28, 2011
NEWS FROM AIBSNLEA WEBSITE
26.07.2011: GS, President, AGS(Engg.) met Sr. GM(Estt.) and discussed:
(b) Regularization of JTOs(Off.) : We requested to regularize all officiating JTOs as one time measure. Sr. GM(Estt.) mentioned that a contempt case against regularization of JTOs(off.) is pending in Hon'ble Chandigarh High Court and the next hearing is on 02.08.2011. However, association may submit its proposal for regularization of officiating JTOs keeping in view the legal aspects.
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.
Friday, November 26, 2010
NEWS FROM KABEERDAS
DEAR FRIENDS OUR ASSOCIATION ISSUED NOTICES TO BSNL MANAGEMENT FOR IMPLEMENTATION OF FR22(1)A1 SCALE TO ALL OF US IMMEDEATLY (CASE NO:1282/2010 FILED IN PRICIPAL CAT BY US AND JUDGEMENT WAS GIVEN IN FAVOUR OF US) WITH IN A FIXED TIME FRAME THROUGH MRS.RANICHABRA ADVOCATE.
THE CHANDIGARH COCP NO:1431/2008 WAS POSTED FOR NEXT HEARING ON 13/01/2011.
THE REGULARISATION OF LEFTOUT TTAs WHO ARE NOW OFFICIATING AS JTOs ISSUE WILL BE DISCUSSED IN THE 2ND WEEK OF DECEMBER2010 WITH THE MANAGEMENT.
ALL THE STATE COORDINATORS ARE ASKED TO BE ALERT FOR FILING COURT CASES IN ALL CIRCLES AND EVEN AT SSA LEVEL AGAINST JTO LICE EXAM IN THE EVENT OF EARNAKULAM COURT IF VACATES THE STAY ON THE JTO LICE EXAM.
THE CHANDIGARH COCP NO:1431/2008 WAS POSTED FOR NEXT HEARING ON 13/01/2011.
THE REGULARISATION OF LEFTOUT TTAs WHO ARE NOW OFFICIATING AS JTOs ISSUE WILL BE DISCUSSED IN THE 2ND WEEK OF DECEMBER2010 WITH THE MANAGEMENT.
ALL THE STATE COORDINATORS ARE ASKED TO BE ALERT FOR FILING COURT CASES IN ALL CIRCLES AND EVEN AT SSA LEVEL AGAINST JTO LICE EXAM IN THE EVENT OF EARNAKULAM COURT IF VACATES THE STAY ON THE JTO LICE EXAM.
NEWS FROM AIBSNLEA SITE
Promotion from JTOs Offg. (TTAs) to JTO (Telecom) on regular basis:-
Sr.GM (Estt.) informed that legal opinion on this issue has been sort thereafter only the action can be taken. He also apprised that against creation of super-numeric posts of JTOs contempt has been filed in Hon'ble Chandigarh High Court and hearing date is 10th Dec. 2010.
Thursday, November 11, 2010
NFTE KERALA LETTER ON OUR ISSUE OF JTO(OFFTG)
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
(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
Tuesday, November 2, 2010
Wednesday, October 20, 2010
GS ,AIBSNLEA LETTER ON OUR LONG PENDING ISSUE
No. : AIBSNLEA/CHQ/CMD/2010 Dated 18.10.2010
To
Shri Gopal Das
CMD, BSNL
New Delhi-1.
Sub:- Case of regularization of qualified and trained TTAs now officiating as JTOs-reg.
Ref:- This Association’s letter No. AIBSNLEA/CHQ/CMD/2010 dated 17-2-2010.
Respected Sir,
In continuation of our letter dated 23.04.2010, your kind attention is invited to our letter cited and the subsequent discussions we had with you on the above matter.
We have mentioned that no protection was given in the JTO Recruitment Rules-2001, to accommodate TTAs who have already qualified in accordance with the previous RR. A good number of officials qualified as per JTO RR –1996 were given the required pre-appointment training and they are now officiating in the cadre of JTO in various parts of the country.
We have been pursuing the case of regularization of these officials for the past several years. In order to find a permanent solution for this long pending issue, we have already suggested that an amendment to the effect that “ the TTAs already qualified in accordance with 1996 RR (previous RRs) will be deemed to have been qualified under the current RR also” may be incorporated in the present RR so that all the Qualified/ officiating JTOs can be appointed as regular JTOs immediately without any hitches of rules.
However, now it is learnt that, a communication has been issued from your office by the AGM (Pers-IV) vide letter No.3-9/2007/Pers-IV(Pt) dated 26-3-2010, which states that, the case is linked with RA No.148/2009 in CWP No.5608/2007 in High Court of Punjab and Haryana and the matter is sub-judice and no action can be taken in this regard. e would like to inform you that the contents of the above letter issued by the AGM (Pers-IV) is incorrect and misguiding with regard to the matter of one time measure up-gradation of qualified TTAs as JTOs. No court of law has ever issued any order barring BSNL from up-gradation of posts or amendment of RRs etc. The suggestions put forward by this Association and in the matter of regularization, are not against standing orders of any of the court of law in the country and the question of sub-judice does not arise , as nobody has challenged these suggestions in court of law.
Once the matter is settled amicably, all the pending court cases will become in fructuous and will be withdrawn automatically.
We therefore once again request you to kindly take following steps immediately for the settlement of the issues :
1. Do the needful to settle the matter amicably.
2. Do away with the present inert attitude of the Company in the matter of regularization of qualified TTAs as JTOs.
3. Convene a meeting of all concerned at appropriate level to arrive at a logical/ workable solution.
4. Do not permit anybody to manipulate things in favor of some vested interest groups.
With kind regards,
Yours Sincerely,
Sd/-
(Prahlad Rai)
General Secretary
Copy to:-
1. Shri M S S Rao, Sr.GM (SR), BSNL CO, New Delhi
2. Shri D.P.De, Sr. GM (Estt), BSNL CO, New Delhi
To
Shri Gopal Das
CMD, BSNL
New Delhi-1.
Sub:- Case of regularization of qualified and trained TTAs now officiating as JTOs-reg.
Ref:- This Association’s letter No. AIBSNLEA/CHQ/CMD/2010 dated 17-2-2010.
Respected Sir,
In continuation of our letter dated 23.04.2010, your kind attention is invited to our letter cited and the subsequent discussions we had with you on the above matter.
We have mentioned that no protection was given in the JTO Recruitment Rules-2001, to accommodate TTAs who have already qualified in accordance with the previous RR. A good number of officials qualified as per JTO RR –1996 were given the required pre-appointment training and they are now officiating in the cadre of JTO in various parts of the country.
We have been pursuing the case of regularization of these officials for the past several years. In order to find a permanent solution for this long pending issue, we have already suggested that an amendment to the effect that “ the TTAs already qualified in accordance with 1996 RR (previous RRs) will be deemed to have been qualified under the current RR also” may be incorporated in the present RR so that all the Qualified/ officiating JTOs can be appointed as regular JTOs immediately without any hitches of rules.
However, now it is learnt that, a communication has been issued from your office by the AGM (Pers-IV) vide letter No.3-9/2007/Pers-IV(Pt) dated 26-3-2010, which states that, the case is linked with RA No.148/2009 in CWP No.5608/2007 in High Court of Punjab and Haryana and the matter is sub-judice and no action can be taken in this regard. e would like to inform you that the contents of the above letter issued by the AGM (Pers-IV) is incorrect and misguiding with regard to the matter of one time measure up-gradation of qualified TTAs as JTOs. No court of law has ever issued any order barring BSNL from up-gradation of posts or amendment of RRs etc. The suggestions put forward by this Association and in the matter of regularization, are not against standing orders of any of the court of law in the country and the question of sub-judice does not arise , as nobody has challenged these suggestions in court of law.
Once the matter is settled amicably, all the pending court cases will become in fructuous and will be withdrawn automatically.
We therefore once again request you to kindly take following steps immediately for the settlement of the issues :
1. Do the needful to settle the matter amicably.
2. Do away with the present inert attitude of the Company in the matter of regularization of qualified TTAs as JTOs.
3. Convene a meeting of all concerned at appropriate level to arrive at a logical/ workable solution.
4. Do not permit anybody to manipulate things in favor of some vested interest groups.
With kind regards,
Yours Sincerely,
Sd/-
(Prahlad Rai)
General Secretary
Copy to:-
1. Shri M S S Rao, Sr.GM (SR), BSNL CO, New Delhi
2. Shri D.P.De, Sr. GM (Estt), BSNL CO, New Delhi
Thursday, August 12, 2010
NEWS FROM AIBSNLEA WEBSITE
11.08.2010 : GS, AGS (HQ), AGS (F) met GM (Estt) and discussed about consideration of officiating JTOs regularisation. He mentioned that after the case dismissal in the Hon'ble Supreme Court efforts are being made to concentrate in the Court case at Chandigarh CAT.
LORD BALAJI
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