PRINIPAL CAT JUDGEMENT ON FR22 (1)A1 FOR OFFTG JTOs
CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH NEW DELHI
New Delhi, this the 11th day of November,2009
Hon"ble Shri Shailendra pandey, Member (A)......
Hon"ble Dr.Dharam Paul Sharma, Member (J)
BSNL OFFICERS ASSOCIATION & ORS...APLICANT....
1.BSNL Officers Association (Regd) Through its President Rudrapal Sharma
T-15,Atul Grove ROAD..New Delhi-110 001
2.N.Kabir Das .S/O Late N.Narayana O/o SDOP 1 CMR, Charminar.
Hyderabad-500 002 Applicants (By Advocate: Mrs. Rani Chhabra )..
1.Chairman-cum-Managing Director .BSNL ,New Delhi
2. AGM Personnel BSNL BSNL Corporate office personnel bench 5th floor, Bhrat Sanchar Bhawan janpath NEW DELHI Respondents
O.A.No.3213/2009 ORDER(Oral) By Shailendra Pandey. Member (A) Heard the counsel for the applicants.
1.It is stated by the counsel for the applicants that the applicant No.1 is a registered association . Applicant No 2.is posted as Junior Telecom Officer (JTO)in Hyderabad this Tribunal on 5.11.2009.
2.The facts in brief as stated by the counsel for the applicants are that all the applicants were initially posted as Telecom Technical Assistants (TTAs) Which is one of the feeder cadres for promotion to the post of JTO, and the applicants are governed by the Junior Telecom Officers Recruitment Rules, 1996. In the year 1999, new JTO Recruitment Rules, 1999 were framed which prescribed higher qualification for the said post of JTO for meeting high technology, Which were notified on 31.08.1999. On 10.11.1999,the Department of Telecom circulated a Memo for holding of JTO qualifying screening examination under 35% quota for the vacancies of JTO available up to 31.08.1999.A screening test was held on 23.4.2000 there in the applicants also appeared and were declared successful. While successful candidates were absorbed to the post of JTO up to the vacancies available as on 31.08.1999, the applicants were placed in the surplus candidates list (there were about6000 surplus candidates) due to non availability of vacancies. After formation of Bharat Sanchar Nigam Limited (BSNL) on 1.10.2000, the BSNL Board TOOK A DECISION ON 30.03.2001 TO ACCOMMODATE the surplus qualified candidates in 35% quota of screening test of JTO by diverting the 500 vacant post of JTO From direct recruitment to 35% departmental quota every year. The said diversion was a temporary one and subsequently the said post would revert back to direct recruitment quota. The BSNL FURTHER ISSUED AN OFFICE ORDER DATED 13.5.2004 IN TERMS OF WHICH THE TTAs WHO HAD SUCCESSFULLY completed JTO Phase-1 training were to be promoted temporarily to officiate locally as JTOs with immediate effect with minimum benefit of Rs 1000/-as per FR-35
3.It is the contention of the counsel that since the applicants were holding substantive post of TTAs and officiating and discharging higher responsibility of the post of JTO, their pay Should have been fixed according to the FR 22(1)(A)(1) as the applicants satisfied all the stipulations contained therein. She also submits that the issue involved in this OA has already been decided by the Ernakulum Bench of this Tribunal in TA Nos .84 to 97 of 2008 (M.V.Saililakumar& Ors. v The Chairman & Managing Director & Ors)decided on 15.07.2009. A copy of the judgement has been enclosed at annexure P6. She has further stated that the respondents have already implemented the said judgment and that the Chief General Manager Telecom M.P. Circle, Bhopal has also fixed pay scales of officiating JTOs Fundamental Rules 22(1)(A)(1) read with Fundamental Rule 26. According to her, the benefit given, needs to be extended to the applicants in this OA also view of Articles 14 and 16 of the constitution of india. It is stated that the applicants have submitted a representation (Annexure A8) to the respondents in the matter but action on the same is awaited.
4. In view of the aforesaid submission, WITHOUT GOING INTO THE MERITS OF THE CASE, WE ARE OF THE VIEW THAT THE INTEREST OF JUSTICE WOULD BE MET, IF THE PRESENT OA IS DISPOSED OF, at the admission stage itself, by directing the respondents to examine whether the cases of the applicants are covered by the aforesaid decision of the Ernakulum Bench (referred to above), and to pass appropriate orders accordingly, and if it is found otherwise to pass a reasoned and speaking order in the matter, under intimation to the applicants. THIS MAY BE DONE WITHIN FOUR WEEKS FROM THE DATE OF RECEIPT OF A COPY OF THIS ORDER. ORDERED ACCORDINGLY. NO COSTS.
(Dr.Dharam Paul Sharma) Member (J)
(Shailendra Pandey) Member (A)
Dear friends this above judgement was released on 25/11/2009 and the same copy received today ie on 02/12/2009 at 17.00 hrs but some of the associations told that the received copy of the judgement is wrong .our association central team is going to meet CMD BSNL ,Director HRD, and GM (Estb).G.M(SR) AND G.M(per) FOR IMPLIMENTATION OF THE ABOVE ORDER ie FR22(1)(a)(1) for us immediately without any delay or appealing to higher court because two Hon"ble courts have given clear judgement.Still if management is thinking to appeal means unnecessarily wasting of money and delay of implementation only , We hope management will take appropriate decision.
We are Once again requesting to all BSNL OFFICERS Associations and Unions “KINDLY TAKE UP GININE .LIGITIMATE AND LONG PENDING ISSUE OF TTAs TO JTOs promotion of 2000 nos all over india in 14 circles”.
This associations repeatedly requesting by letters and by orally in meetings and seminars where ever held.Our association once again extending thanks to Sri. Subburaman,Sri .R.Venkat Raman,Sri .Sureshkumar,Sri V.A.N.Namboodri. Sri. Prahalad Roy,Sri.G.L.Jogi,Sri.Rudrapal Sharma,Sri.Subhash chand gour, Sri .S.V.S.Subramanyam and others who are supporting directly or indirectly to our issue.once again thanks.
All our state coordinators are requested to contact regularly
SRI.ADAM, SRI.MANIKHANTAN, SRI.BABU, SRI.MANJUNATH, SRI.RAMCHANDER RAO, SRI BIDIRI, SRI.B.D. VANI, SRI.PARNERKAR, SRI.HEMANTH ARORA, SRI. RAVI, SRI.DHOKLE, SRI.P.S.CHANDA,SRI. R.C MANOHAR, SRI.B.A.RAO, SRI .PARIK, SRI.Y.RAMAKRISHNARAO,SRI.M.RAJENDERREDDY,SRI.RAGAHAVENDERRAO, SRI.B.K.VARU,SRI. MYCHEL.
Also are requested to Keep in touch with SSA coordinators and send immediately the latest information. We will fight still our goal is reached.
Don’t worry about 15% or 35% JTO LICE Exam or Relaxation of 7 years service condition.BEFORE OUR REGULARISATION WE WILL NOT ALLOW ANYTHING ABOUT EXAM.IT IS 6000 TTAs CHALLENGE .
LONG LIVE TTAs unity
LONG LIVE 35%QUALIFIED TTAsNOW JTOs Officiating…. N.K.DAS