2012/12/27
Sri M.Rajender Reddy Officiating JTO (Tarnaka Customer Service Centre, HTD) got appreciation letter from PGM Hyderabad Telecom District for the achievement of No-1 position in CDMA products marketing in all over the AP.
Sri Nagabhushanam Officiating JTO (UDAN HTD) got appreciation letter from PGM Hyderabad Telecom District for the achievement of No-1 position in UDAN Leads generation and completion in Hyderabad Telecom District, AP.
Sri Rnganayakulu and Sri Kabirdas Officiating JTOs (UDAN HTD) are in NO-2 Position in UDAN Leads generation and completion in Hyderabad Telecom District, AP.
The JTO (O) Association congratulating the above JTOs and wish them to work hard in future also to get more and more achievements in BSNL.
2012/12/15
2012/12/13
CGMT AP circle issued letter for the reversion of Officiating JTOs to the cadre of TTA after completion of 179 days and also requested the SSAs to forward the vigilance clearance by 18-12-2012 positively without fail vide Lr.No. TA/STB/101-2/2nd Scrg/2012-13/XIII/ dated 11-12-2012 after continuous perusal by our Central Coordinator and Sri Sampath Rao CS BSNLEU.
GOA SSA co-ordination meeting is going to be held on 15-12-2012 at GOA under the chairmanship of Sri RV Kulkarni and Sri Naik to discuss the recent developments and future course of action.
2012/12/10
The Rajasthan Circle JTO (O) Association meeting held at Jaipur on 08-12-2012 under the chairmanship of Sri Tom. Sri P.S.Chanda Circle coordinator and other Associations Leaders were also present in the meeting and discussed about the LICE to JTO, Court cases, FR22 1(A)1, Personal Up gradation and future course of action.
Sri B.D.Wani Circle coordinator, Sri Kore, Sri Chilla and other SSA coordinators of Maharasthra Circle sent some proposals regarding LICE to JTO, Court cases and other future proceedings to The General Secretary.
JTO (O) Association still open for discussion across the table for the betterment of TTA cadre through the promotion to JTO (LICE 35% Quota and Regularization of Officiating JTOs).
2012/12/04
The JTO (0) A BSNL I . met all the Association / Unions and BSNL Management requested to pursue the LICE and Personnel Up gradation Regularisation of Officiating JTOs issue
.
Once again requesting SNATTA's to settle together across the table for LICE / REGULARISATION OF ONE TIME UP GRADATION OF JTO(O)
There is no case is pending against SNATTA or JTO(0). Case is against CMD with Deepak verma and others .
The Chandigarh High court Directed to respondents(BSNL) to produce the information...........
1) How long for conducting LICE Examination process.
2)How many Officiating JTOs and Supernumerary JTOs are working as on today.
The JTO(0) A Gave a suggestion to the BSNL management to submit the above information to Hon;ble High court of Chandigarh for early settlement of case againist the CMD BSNL sri KULDIP GOYAL and PM VERMA Agm Pers iv..........
The JTO (0) A is not against neither LICE nor court case it is only interest of the TTAs Promotion as JTOs.........................................................................................................
.
Once again requesting SNATTA's to settle together across the table for LICE / REGULARISATION OF ONE TIME UP GRADATION OF JTO(O)
There is no case is pending against SNATTA or JTO(0). Case is against CMD with Deepak verma and others .
The Chandigarh High court Directed to respondents(BSNL) to produce the information...........
1) How long for conducting LICE Examination process.
2)How many Officiating JTOs and Supernumerary JTOs are working as on today.
The JTO(0) A Gave a suggestion to the BSNL management to submit the above information to Hon;ble High court of Chandigarh for early settlement of case againist the CMD BSNL sri KULDIP GOYAL and PM VERMA Agm Pers iv..........
The JTO (0) A is not against neither LICE nor court case it is only interest of the TTAs Promotion as JTOs.........................................................................................................
Our Central Coordinator along with CWC members met Sri Abhimanyu GS BSNLEU, Sri Suresh Kumar GS BSNLMS, Sri Islam Ahmed President NFTE, Sri Rajamallu NFTE and Sri K.Sebastin G.S SNEA and discussed about our Personal Up gradation issue.
In the JAC meeting Sri Prahlad Rai GS AIBSNLEA appeal to All the General Secretaries of BSNL Unions and Associations for taking the regularization of Officiating JTOs issue before conducting the JTO LICE on priority basis.
Our delegates are also met Sr. Advocates of Supreme Court and Delhi High Court for the future course of action.
2012/12/03
ALL INDIA CENTRAL WORKING COMMITTE MEETING HELD ON 02/12/2012 SUNDAY, AT ATUL GROVE ROAD, NEW DELHI 110001.
Welcome address by M.Rajender reddy treasurer chq. The CWC thanks to Sri PRAHLADRAI G/S AIBSNLEA for his continuous pursuance of Personnel up gradation with detail information and facts of the case and also requested the General Secretaries to held a meeting and pressurize for early settlement of Regularization Officiating JTOs.
M R REDDY & N.K.DAS (ANDHRAPRADESH), RAMACHANDRA & NANDEESHKUMAR (KARNATAKA), UMESH DHOKLE & HEMANTH ARORA (MADHYAPRADESH), PS CHANDA (RAJASTHAN), SRIVASTAV (UP EAST), BA.RAO & PARIK (GUJRATH), BD WANI & PARNERKAR (MAHARASHTRA), ADAM, MANIKHANTAN & BABU (TAMILNADU), B.K VARU (CHETTISGADH) are attended the meeting and West Bengal & Kerala Circles discussed in the Tele conference.
1) After thread and bear discussions the CWC unanimously resolved that, JTO O is not against the LICE Exam for which orders of the Hon"ble High Court of Kerala at Ernakulam dated 14th sep 2012 in OP (CAT) No 3714/2011(Z), Conducting the LICE with 7 years qualifying service.
2) It is also resolved that LICE Notification and Personnel up gradation orders may issue simultaneously .For that open heartedly inviting for discussions to settle our issues without effecting both the group i.e. DR TTA & JTO (O)"s.
3) As per Lr no 3-9/2007/Pers-IV (Pt.) Dated: Mar 26,2010. Some representations from individuals / Associations / Unions directly and in the National Council and forwarded by Circle Offices for the up gradation of Screening Test qualified TTA's who are officiating as JTOs as one time measure. The matter is linked with RA No.148/2009 in CWP No. 5608/2007, which is already lying pending in the Hon"ble High Court of Punjab & Haryana. The opinion of Legal Branch of BSNL CO has also been sought, which is also given on the same line. So as the matter is subjudice, no decision can be taken in this matter.
4) The feelings of all Officiating JTOs as per state coordinators information to approach court of law is on other wise.
5) The CWC also resolved that LEAGAL FUND may collect for filing cases.
6) The CWC also resolved to meet all G/S for Regularization of JTOs.
7) It is also resolved that to meet Smt RANICHHABRA Adv , Sri SR SETIA and Sri GURU KRISHNA KUMAR SC Advocate general. for legal opinion.
8) Some other important issues also discussed and passed resolutions unanimously.
It is also resolved that same information may sent to SNATTAs for cordial understanding and betterment of the TTA cadre.
For latest updates watch ( kabeerdasjto.blogspot.com )
Email kdashyd@gmail.com nk_dass@bsnl.co.in
( N. KABEER DAS )
General Secretary, JTO (O) A BSNL I
T 15 .ATUL GROVE ROAD, NEW DELHI 110001
Tel 011 23325782, 0949028474
2012/12/01
AIBSNLEA GS Sri Prahlad Rai writes to Shri V.A.N. Namboodiri, President BSNLEU & Convener, Forum of BSNL Unions/Associations, New Delhi regarding regularization of officiating JTOs before conducting ensuing JTO LICE - An open letter/ request to all General Secretaries / Presidents of Unions and Associations in BSNL
No. AIBSNLEA/CHQ/GSs-Presidents/2012-13 Dated:30.11.2012
To,
All General Secretaries/Presidents
BSNL Unions/Associations
Sub:- Regularization of officiating JTOs before conducting ensuing JTO LICE – An open letter/ request to all General Secretaries / Presidents of Unions and Associations in BSNL.
Dear Comrade,
As you are aware the issue of regularization of about 2000 officiating JTOs (TTAs qualified in departmental test as per 1996 RR and successfully undergone prescribed mandatory training as per JTO RR-2001), all over the country, remains unsettled for the last several years, only because of the misdeed on the part of the BSNL management. They have been functioning as full-fledged JTOs in all respects for the last seven or more years.
In the screening test held in the year 2000 as per RR of 1996, nearly 6000 TTAs were qualified through out the country. It was the only examination conducted under the RR of 1996. It may be noted that in all earlier recruitment rules, competitive channel was not denied to any cadre even if that cadre is eligible under qualifying / screening channel. But under 1996 RR, even that chance was refused to TTA s. For many of the TTA s, this was the first and last chance for a promotion in their entire career.
A number of TTAs were qualified in the 35% qualifying examination in 1995 in accordance with RR of 1990. Before all of them got absorbed, the new 1996 RR came into existence. At that time the TTAs qualified earlier to the publication of new rule were given protection in the new rule stating that, “they are deemed to have been qualified in the new RR of 1996.” Thereafter 1999 RR and subsequent to the formation of BSNL, 2001-RR also came into existence where in a competitive examination was brought in for the departmental candidates for the post of JTO. The officials who were earlier permitted with various engineering qualifications were restricted and certain branches like electrical, electronics, telecom, computer science etc., were only permitted to appear in exam. Knowingly or unknowingly, those who were qualified as per the 1996-RR were not given any protection. Out of those qualified for promotion as per 1996-RR, about 3500 got absorbed as regular JTOs and the remaining 2500 were sent for training in accordance with the syllabus of 2001-RR, and subsequently posted for officiating as JTOs in various states of the country and they have been discharging duties to the satisfaction of superiors at par with other regular JTOs. Majority of them are officiating
continuously as JTO for the last 7 years.
However, there had been acute shortage in the cadre of JTO, as further direct recruitment from outside quota ( open market) against 50% quota had not been made which resulted in accumulation of about 11, 300 vacant posts of JTO in the DR quota.
After formation of BSNL, there was strong demand from trade unions for diversion of DR quota to 35% departmental quota, in order to give promotion to those who have cleared screening test as per 1996-RR. In view of this and also to mitigate the shortage in the JTO cadre, BSNL Board, the supreme body of BSNL, in its meeting held on 30-3-2001, took a policy decision in the larger interest of the company and public, to approve training and recruitment as JTO to all TTAs who have qualified in the screening test but could not be sent for training due to nonavailability of vacancies in departmental quota. This would be done @ 500 posts per year by diverting posts from DR quota. Accordingly all such officials were given Phase-I training to the cadre of JTO as per syllabus of the BSNL (Graduate Engineer) prescribed in 2001 RR.
After completing the diversion of DR quota for the years 2001 to 2007 (3500 posts), CWP 5608/2007 was filed by Mr. Dalbir Singh & 7 others (TTAs) before Hon. Punjab & Haryana High Court at Chandigarh for quashing the action to fill up posts of JTO for the year 2006 and 2007 from the candidates of waiting list of year 2000 and to scrap the waiting list of the year 2000 etc.
The WP was disposed of with the judgment dated 30-5-2008 as below:-
“This WP is disposed of with a direction to the respondents (BSNL) to restore the posts diverted from DR quota to 35% departmental quota to admit TTAs who had qualified the screening test held on April 23, 2000, to DR quota as stated by them in the written statement.”
By this time vide letter dated 12-8-2008 order was issued for diversion of another 500 DR quota posts and this was one of the reasons for filing a Contempt of Court Petition,(COCP No.1431/2008) by some of the petitioners.
BSNL authorities, violating the guidance from competent sources, took a decision not to file any appeal against the judgment and decided to implement the judgment of HC. Accordingly, the Management Committee decided not to make any diversions further and also all the posts so far diverted were restored to DR quota. BSNL also created 3500 supernumerary posts to adjust the officials already promoted against the diverted posts. The creation of supernumerary posts will no way affect the promotional aspects of the petitioners. Yet, the Court was not satisfied with the action taken so far and observed that “ respondents have already created manpower by creating supernumerary posts and the entire exercise seems to have been made to circumvent the judgment of the court” and also asked to file a Review Petition for clarification of the order. The RP was also dismissed on technical ground. Admittedly, more than 16,000 posts of JTO s were remaining vacant. Supernumerary posts were created due to scarcity of manpower and shall be a separate group and the 35% quota vacancies under RR-2001 shall remain intact for the petitioners and similar others and will no way affect them.
Now it is learnt that a detailed fresh affidavit containing substances against and harmful to the affected officiating JTOs has been filed thereafter and the hearing on the COCP is still going on, for the last several years in the guise of which the management is denying justice to this oppressed group.
Thus the JTO s officiating for the last 7 years are being unnecessarily harassed and subjected to mental agony. We have been closely watching and pursuing their case, for the last several years and were under the impression that, regularization of all the remaining officiating JTO s scattered all over India (about 2000 in number now) would be completed in a phased manner as it was done in the case of first 3500 persons. The litigation originated in the Haryana High Court created a stalemate condition blocking the further processing of the operation.
The BSNL management made the following mistakes/ faults/ colluding activities in handling this case:-
1) Regarding BSNL Board’s decision dated 30-3-2001 to accommodate all the qualified / eligible waitlisted candidates, a false averment was filed by an officer in BSNL corporate office in the counter affidavit, which only led to the impugned court order crisis thereafter.
There is no mention regarding any restoration of the diverted posts in the Board’s decision. But in the written statement filed in court by BSNL, it was mentioned that the posts so diverted from DR quota to 35% quota would be restored back to DR quota in due course. It was on the basis of this written statement that the court directed the BSNL to restore the posts so diverted from the DR quota. If the Board’s decision was produced without any alteration the impugned judgment which finally led to contempt of court case would not have happened. We cannot view it as a mere inadvertent error. This colluding act from the corporate office was not investigated by the CMD despite repeated demands made from this association.
It is a fact that the BSNL Board’s decision in this regard still exists and remains unchanged. If at all a decision to restore the diverted quota was taken, it was taken later, at a lower level, after the pronouncement of judgment, for which no authenticity exists above the Board’s decision.
2) It is to be noted that all the petitioners in the CWP entered in the Department in the year 2002 only and they possessed less than 5 years service at the time of filing the petition in the year 2007, but filed wrong information in the Civil Writ Petition (in Para no.5 of the CWP it is specifically stated that they have 15/20 years of experience) thereby misguided the Hon’ble Court. In the written statement filed by AGM(L) O/oCGM Hariyana Telecom Circle, this was not objected. Hence the Hon’ble court accepted that wrong information and considered it as correct. If the BSNL officers concerned had properly countered the same with facts and figures producing the appointment particulars as documental proof, the petition could have got dismissed at the admission stage itself. There has been collusion in this
case.
Only when BSNL lost the case and a Contempt of Court Case (C.C.O.P No. 1431 of 2008 in CWP 5608 of 2007) was filed by some of the petitioners in the High Court at Chandigargh, the BSNL Corporate Office came with the clarification that the petitioners in the CWP joined in the department only in the year 2002 and were not eligible for appearing in the examination against 35% quota as per the RR in force. But the fact that this was originally suppressed by the CGM, Haryana in the counter affidavit of CWP, has not been mentioned in the reply to COCP, even now. If this had been furnished already by the CGM Haryana in the counter affidavit, the decision of the court would have been different. CMD did not initiate action against the erring officers and the petitioners who filed wrong information despite demand raised by us.
3) Appeal was not filed in the Apex Court and interest of the Company was not protected:- The prayer in the petition was to quash the action to fill up the posts of JTO for the year 2006 and 2007 from the candidates of waiting list of the year 2000. But the court has gone beyond its jurisdiction to undo the promotions to vacancies beyond 1-9- 1999. Career-prospects of several thousands of employees would be affected by the impugned judgment of the Chandigargh HC, but they were not made parties in this case and they did not get any chance to make their defense.. Actually this was reported to be a very fit case to be appealed through SLP in the Apex Court. We learnt that the contesting BSNL counsel, Corporate Office Legal Wing and the authorities concerned in the BSNL HQ were all of the same opinion and an instruction was passed to the CGMT, Hariyana Circle to file the SLP. We understand that this decision was reversed in the Haryana Circle and they could manage to torpedo the decision of the Corporate Office tactfully.
To come out from the charges of contempt of court, unnecessary commitments contrary to the Board’s decision have been submitted before the Court of Law, which in turn will be harmful to the interest of the officiating JTOs waiting for regular posting, which also warrants an investigation
Unfortunately, the BSNL Corporate office itself unnecessarily mixed up the matter of conducting JTO LICE with the contempt of court case. Now they are in a hurry to conduct JTO LICE without settling the case of regularization of officiating JTOs, thereby making the issue more complex.
We are aware that all most all Unions/ Associations in BSNL are of the opinion that the issue related to officiating JTOs should be settled before conducting an LICE to JTO cadre as per the latest RR. In the present context this can be done by allowing a one-time up-gradation of their posts to JTO before conducting an LICE to JTO cadre for obvious reasons, for which full powers are vested with the Company. Any of the existing litigations cannot stand in its way since nobody is denied with his right or chance by implementing this personal up-gradation.
BSNLEU had already taken up this issue as an item in the National Council and raised the same demand.
NFTE, through their national website requested all concerned to sit together to reach at a workable solution.
SNEA also wants to settle the issue on the same lines. All other similar organizations in BSNL expressed same views and nobody can take a different stand in this genuine issue.
We therefore make an earnest request before the General Secretaries/ Presidents of all unions/ associations in BSNL to exchange their views in this regard in view of the present crisis created by the management. We are not against the conducting of LICE, but the grievances of officiating JTOs are also to be addressed by ourselves. Extreme pressure has to be exerted on the erring management by a concerted effort from the side of Trade Unions/Associations. We are in deed, duty bound to take up the matter to protect the interest of this oppressed group. All General Secretaries may kindly take initiative to hold an immediate meeting to arrive at a consensus and pressurize the management to have the settlement. It is suggested to convene a combined meeting of General Secretaries of all Unions/ Associations at the earliest possible occasion. We may also demand to conduct an inquiry into the colluding activities on the part of the officers and book the real culprits involved in it.
This may please be treated as most urgent.
Fraternally Yours,
-sd-
(Prahlad Rai)
General Secretary
To:
Shri V.A.N. Namboodiri,
President BSNLEU &
Convener, Forum of BSNL Unions/Associations, New Delhi
Personal upgradation of the officiating JTOs Com. P. Abhimanyu, GS, discussion with the GM (Estt.)
While taking all out efforts to ensure the early conducting of the JTO LDCE, CHQ is also taking efforts so that BSNLEU’s demand of personal upgradation of the officiating JTOs is settled without any further delay. Com. P. Abhimanyu, GS, has already held discussion with the GM (Estt.) and has demanded to take appropriate action for bringing the Chandigarh Court case to an end, so that the issue of personal upgradation of officiating JTO’s can be taken up.
2012/11/30
AIBSNLEA GS letter to CMD
No. AIBSNLEA/CHQ/CMD/2012 Dated:29.11.2012
To
Shri R.K. Upadhyay
CMD, BSNL
New Delhi-110001
Sub:- Regularization of officiating JTOs before conducting ensuing JTO LICE-reg.
Sir,
With reference to the above subject and our earlier communications, we are constraint to bring to your kind notice that the issue of regularization of about 2000 officiating JTOs (TTAs qualified in departmental test as per 1996 RR and successfully undergone prescribed mandatory training as per JTO RR-2001), all over the country, remains unsettled for the last several years.They have been functioning as full-fledged JTOs in all respects for the last seven or more years.
In the screening test held in the year 2000 as per RR of 1996, nearly 6000 TTA s were qualified through out the country. It was the only examination conducted under the RR of 1996. It may be noted that in all earlier recruitment rules, competitive channel was not denied to any cadre even if that cadre is eligible under qualifying / screening channel. But under 1996 RR , even that chance was refused to TTA s. For many of the TTA s, this was
the first and last chance for a promotion in their entire career.
A number of TTAs were qualified in the 35% qualifying examination in 1995 in accordance with RR of 1990. Before all of them got absorbed, the new 1996 RR came in to being. At that time the TTAs qualified earlier to the publication of new rule were given protection in the new rule stating that, “ they are deemed to have been qualified in the new RR of 1996.” Thereafter 1999 RR and subsequent to the formation of BSNL, 2001-RR also came into existence where in a competitive examination was brought in for the departmental candidates for the post of JTO. The officials who were earlier permitted with various engineering qualifications were restricted and certain branches like electrical, electronics, telecom, computer science etc., were only permitted to appear in exam. Knowingly or unknowingly, those who were qualified as per the 1996-RR were not given any protection. Out of those qualified for promotion as per 1996-RR, about 3500 got absorbed as regular JTOs and the remaining 2500 were sent for training in accordance with the syllabus of 2001-RR, and subsequently posted for officiating as JTOs in various states of the country and they have been discharging duties to the satisfaction of superiors at par with other regular JTOs. Majority of them are officiating continuously as JTO for the last 7 years.
However, there had been acute shortage in the cadre of JTO, as further direct recruitment from outside quota ( open market) against 50% quota had not been made which resulted in accumulation of about 11, 300 vacant posts of JTO in the DR quota.
After formation of BSNL, there was strong demand from trade unions for diversion of DR quota to 35% departmental quota, in order to give promotion to those who have cleared screening test as per 1996-RR. In view of this and also to mitigate the shortage in the JTO cadre, BSNL Board, the supreme body of BSNL, in its meeting held on 30-3-2001, took a policy decision in the larger interest of the company and public, to approve training and recruitment as JTO to all TTAs who have qualified in the screening test but could not be sent for training due to non-availability of vacancies in departmental quota. This would be done @ 500 posts per year by diverting posts from DR quota. Accordingly all such officials were given Phase-I training to the cadre of JTO as per syllabus of the BSNL (Graduate Engineer) prescribed in 2001 RR.
After completing the diversion of DR quota for the years 2001 to 2007 (3500 posts), CWP 5608/2007 was filed by Mr. Dalbir Singh & 7 others (TTAs) before Hon. Punjab & Haryana High Court at Chandigarh for quashing the action to fill up posts of JTO for the year 2006 and 2007 from the candidates of waiting list of year 2000 and to scrap the waiting list of the year 2000 etc. The WP was disposed of with the judgment dated 30-5-2008 as below:-
“ This WP is disposed of with a direction to the respondents (BSNL) to restore the posts diverted from DR quota to 35% departmental quota to admit TTAs who had qualified the screening test held on April 23, 2000, to DR quota as stated by them in the written statement.”
By this time vide letter dated 12-8-2008 order was issued for diversion of another 500 DR quota posts and this was one of the reasons for filing a Contempt of Court Petition,(COCP No.1431/2008) by some of the petitioners.
BSNL authorities, violating the guidance from competent sources, took a decision not to file any appeal against the judgment and decided to implement the judgment of HC. Accordingly, the Management Committee decided not to make any diversions further and also all the posts so far diverted were restored to DR quota. BSNL also created 3500 supernumerary posts to adjust the officials already promoted against the diverted posts. The creation of supernumerary posts will no way affect the promotional aspects of the petitioners. Yet, the Court was not satisfied with the action taken so far and observed that “ respondents have already created manpower by creating supernumerary posts and the entire exercise seems to have been made to circumvent the judgment of the court” and also asked to file a Review Petition for clarification of the order. The RP was also dismissed on technical ground. Admittedly, more than 16,000 posts of JTO s were remaining vacant. Supernumerary posts were created due to scarcity of manpower and shall be a separate group and the 35% quota vacancies under RR-2001 shall remain intact for the petitioners and similar others and will no way affect them.
Now it is learnt that a detailed fresh affidavit containing substances against and harmful to the affected officiating JTOs has been filed thereafter and the hearing on the COCP is still going on, for the last several years in the guise of which the management is denying justice to this oppressed group.
Thus the JTO s officiating for the last 7 years are being unnecessarily harassed and subjected to mental agony. We have been closely watching and pursuing their case, for the last several years and were under the impression that, regularization of all the remaining officiating JTO s scattered all over India (about 2000 in number now) would be completed in a phased manner as it was done in the case of first 3500 persons. The litigation originated in the Haryana High Court created a stalemate condition blocking the further processing of the operation.
The BSNL management made the following mistakes/ faults/ colluding activities in handling this case:-
1) Regarding BSNL Board’s decision dated 30-3-2001 to accommodate all the qualified / eligible waitlisted candidates, a false averment was filed by an officer in BSNL corporate office in the counter affidavit, which only led to the impugned court order crisis thereafter. There is no mention regarding any restoration of the diverted posts in the Board’s decision. But in the written statement filed in court by BSNL, it was mentioned that the posts so diverted from DR quota to 35% quota would be restored back to DR quota in due course. It was on the basis of this written statement that the court directed the BSNL to restore the posts so diverted from the DR quota. If the Board’s decision was produced without any alteration the impugned judgment which finally led to contempt of court case would not have happened. We cannot view it as a mere inadvertent error. This colluding act from the corporate office was not investigated by the Competent Authority despite repeated demands made from this association. It is a fact that the BSNL Board’s decision in this regard still exists and remains unchanged. If at all a decision to restore the diverted quota was taken, it was taken later, at a lower level, after the pronouncement of judgment, for which no authenticity exists above the Board’s decision.
2) It is to be noted that all the petitioners in the CWP entered in the Department in the year 2002 only and they possessed less than 5 years service at the time of filing the petition in the year 2007, but filed wrong information in the Civil Writ Petition (in Para no.5 of the CWP it is specifically stated that they have 15/20 years of experience) thereby misguided the Hon’ble Court. In the written statement filed by AGM(L) O/oCGM Hariyana Telecom Circle, this was not objected. Hence the Hon’ble court accepted that wrong information and considered it as correct. If the BSNL officers concerned had properly countered the same with facts and figures producing the appointment particulars as documental proof, the petition could have got dismissed at the admission stage itself.
Only when BSNL lost the case and a Contempt of Court Case (C.C.O.P No. 1431 of 2008 in CWP 5608 of 2007) was filed by some of the petitioners in the High Court at Chandigargh, the BSNL Corporate Office came with the clarification that the petitioners in the CWP joined in the department only in the year 2002 and were not eligible for appearing in the examination against 35% quota as per the RR in force. But the fact that this was originally suppressed by the CGM, Haryana in the counter affidavit of CWP, has not been mentioned in the reply to COCP, even now. If this had been furnished already by the CGM Haryana in the counter affidavit, the decision of the court would have been different. The Competent Authority did not initiate action against the erring officers and the petitioners who filed wrong information despite demand raised by us.
3) Appeal was not filed in the Apex Court and interest of the Company was not protected.:-
The prayer in the petition was to quash the action to fill up the posts of JTO for the year 2006 and 2007 from the candidates of waiting list of the year 2000. But the court has gone beyond its jurisdiction to undo the promotions to vacancies beyond 1-9-1999. Career-prospects of several thousands of employees would be affected by the impugned judgment of the Chandigargh HC, but they were not made parties in this case and they did not get any chance to make their defense.. Actually this was reported to be a very fit case to be appealed through SLP in the Apex Court. We learnt that the contesting BSNL counsel, Corporate Office Legal Wing and the authorities concerned in the BSNL HQ were all of the same opinion and an instruction was passed to the CGMT, Hariyana Circle to file the SLP. We understand that this decision was reversed in the Haryana Circle and they could manage to torpedo the decision of the Corporate Office tactfully.
To come out from the charges of contempt of court, unnecessary commitments contrary to the Board’s decision have been submitted before the Court of Law, which in turn will be harmful to the interest of the officiating JTOs waiting for regular posting, which also warrants an investigation We would therefore request you to kindly intervene in the matter urgently so that these officiating JTOs are regularized as a one time measure before conducting JTO LICE.
With kind regards,
Yours Sincerely
-sd-
(Prahlad Rai)
General Secretary
Copy to:
(i) Shri A.N. Rai, Director(HR/EB), BSNL Board, New Delhi-110001
(ii) Shri Neeraj Verma, GM(SR), BSNL CO, New Delhi-110001
(iii) Shri R.K. Goyal, GM(Estt.), BSNL CO, New Delhi-110001
2012/11/23
Emergency State co-ordinators meeting will be held on 02-12-2012 at T 15, Atul Grove Road, New Delhi. All the State co-ordinators are requested to attend the meeting without fail.
All State co-ordinators are requested to conduct Circle level meeting immediately with SSA co-ordinators and members to get feedback.
AIBSNLEA GS LETTER TO CMD
No/AIBSNLEA/CHQ/2012 Date 21.11.2012
To
Shri R.K. Upadhyay
Chairman cum Managing Director
BSNL
NewDelhi-110001
Sub : JTO LICE exam and one time regularisation of officiating JTOs-Reg.
Ref:- BSNL CO No.5-11/2009-Pers-IV dated Nov’20th,2012-11-22
Sir,
In the above cited reference & subject matter, it is being to your kind notice that JTO LICE has been notified as per instruction given by High Court of Chandigarh. The Chandigarh High Court did not set any time frame for this. Also the contempt case is not yet closed, but posted for hearing on another date. BSNL should have not accepted conducting LICE exam as a condition for closure of contempt since it is not the reason for the contempt of court.
However, BSNL is in a hurry to conduct the examination somehow. As you are aware, the JTO LICE is conducted before settling the officiating JTOs' issue, it will harm the officiating JTOs and will go against the assurance given to us by BSNL on various occasions. In this context we have provided all the relevant facts to your goodself. But, so far no action proposed by us against erring officers in the corporate office as well as Haryana Circle, has been initiated who torpedoed the decision of BSNL Board. Also Management did not proceed against the petitioners in the case at Chandigarh who filed false affidavits colluding with BSNL officers.
Now at this stage, we demand to regularise all officiating JTOs before conducting the JTO LICE. This examination has been notified, it should contain information that officiating JTOs are exempted from writing this examination in view of their regularisation. These JTOs are working as officiating JTOs for the last 6-7 years after passing the JTO screening examination in the year -1999 in DoT and also completed JTO Phase-I training. Now, if these JTOs are not regularized they will report to newly promoted JTOs qualified through LICE to whom they are controlling presently.
We would, therefore, request you to kindly intervene in the matter, so that the regularisation of officiating JTOs as one time measure is completed at the earliest
With kind regards,
Yours Sincerely,
-sd-
(Prahlad Rai)
General Secretary
Copy to : 1. Shri A N Rai, Director (HR), BSNL , New Delhi-110001
2. Shri R K Goyal, GM(Estt), BSNL CO, New Delhi.
2012/11/20
2012/11/14
2012/11/07
2012/11/05
FR22 1(A)1 :- SLP filed by BSNL at Supreme Court is posted on 03-12-2012 due to the late submission of affidavit by the department.
Our delegation met Smt. Rani Chabra Advocate and submitted all the related information. (For 190 members FR35, Granting of FR22 1(A)1, withdrawal of FR22 1(A)1 and restriction of FR35 due to SLP, Interim Order from CAT Ernakulam Bench, Again re issue of orders with pay may be regulated as FR22 1(A)1).
COCP 1431/2008 :- This case is posted on 23-01-2013 due to the affidavit filed by the petitioners for conducting the LICE examination for the post of JTO by the BSNL immediately. Honourable Judge Chandigarh High Court directed the respondents to declare the Examination date and start the process.
Our delegation met Sri Prahladrai BSNLEA, Sri Jogi SNEA, Sri Suresh Kumar BSNLMS, Sri Namboodri BSNLEU, Sri Abhimanyu BSNLEU, Sri Goyal GM Establishment, Sri Harshavardhan Singh DGM Estabishment and discussed regarding Personal Up gradation of left out Trained JTO (O) to JTO.
2012/10/23
2012/10/22
Hon. CAT Ernakulam, by a common interim order on an OA filed by Circle Secretary, AIBSNLEA, Kerala and two similar OAs filed by others, stayed the implementation of the FR-35 fixation ordered by CGMT, Kerala. Now all officiating JTOs in Kerala Circle should get FR- 22 (1)(A)(1) fixation irrespective of the fact whether they were parties in the TAs of 2008 or not, subject to the outcome of pending court case.
Our Association conveys congratulations to all Officiating JTOs in Kerala Telecom Circle and sincere thanks to Sri Prahlad Rai GS AIBSNLEA & CS AIBSNLEA Kerala Circle.
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