All the Circle Coordinators are once again requested to make their arrangements to attend the meeting on 02-12-2012 at T-15, Atul Grove Road, New Delhi with out fail to give your valuable suggestions and feedback from the Circles regarding future course of action.
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.
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