Hon. Courts in Kerala passes judgment after a series of its proceedings to grant fixation of pay in 9850-14600 under FR 22 (1) a (1) without any restriction under FR (35) to officiating JTOs, on finding that the officials fulfill all the eligibility criteria for promotion as JTO as per relevant recruitment rule.
History of the issue:
1)BSNL C.O. passes order to restrict the pay of officiating JTOs under FR (35) in 2005. Accordingly the pay which was fixed under FR 22 (1) .a.(1) in the pay scale of 9850-14600 was with drawn.
2)The above decision was challenged in 16 Nos of different Writ Petitions ( W.P ( C ):28349, 35263, 35439, 35481, 35498, 35501, 35663, 35667, 35668, 35724, 35725, 35726, 35903, 35917, 35938 of 2005 and W.P ( C ).67/2006 at Single Bench of Hon. High Court of Kerala in the year 2005 and 2006.
3)Hon. High Court passed order in 2006 to “ grant the fixation of pay in 9850-14600 under FR 22 (1) a (1) without any restriction under FR (35)”, on finding that the officials fulfill all the eligibility criteria for promotion as JTO as per relevant recruitment rule.
4)BSNL filed W.A on the above judgment at Division Bench of the same court in the year 2006 to quash the judgment.
5)Division Bench disposed the review in 2007 directing “to pass appropriate order by CMD after giving an opportunity of being heard on the objections filed by BSNL by the representatives of officiating JTOs as well as administration”.
6)CMD invited for personal hearing in 2007, Com.Michael.P.M and Com.Sebi Louis of Kerala circle attended the hearing by CMD at C.O New Delhi on 18th Sept 2007.
7)BSNL again passed order to re-fix the pay under FR (35) to Officiating JTOs in 2007.
8)The above decision again challenged in different Contempt Petitions in 2007 at Single Bench of Hon. High Court of Kerala. All these cases are later transferred to Hon. Central Administrative Tribunal, Kerala in 2008 in TA No:84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97 of 2008).
9)Hon. Central Administrative Tribunal, Kerala passed its judgment on 15-7-2009 allowing earlier judgment of High Court and directing for the fixation of pay in 9850-14600 under FR 22 (1) a (1) without any restriction under FR (35), on finding that the officials fulfill all the eligibility criteria for promotion as JTO as per relevant recruitment rule.
