2012/01/31

FR22(1)A1 COURT CASE NEWS

YESTERDAY THE SENIOR ADVOCATE FROM BSNL PRESENT IN THE PRINCIPAL CAT DELHI AND REQUESTED FOR GIVING PERMISSION FOR FILING SLP IN SUPREME COURT BUT THE JUDGE DENIED THE PERMISSION AND ORDRED THE CMD BSNL TO APPEAR BEFORE COURT ON 13-02-2012 IN PERSON.
OUR ASSOCIATION IS FILING CAVIET IN SUPREME COURT ON THIS ISSUE.
SO FRIENDS PLEASE SEND LEGAL FUND FOR SUPREME COURT CASE WITH OUT FAIL....KABEERDAS

A COWARD DIES MANY TIMES !!!… NEWS FROM KERALA OJTOs SITE


A COWARD DIES MANY TIMES !!!…

BUT A BRAVE DIES ONLY ONCE..

OJTOs ASSOCIATION WELCOMES AN OPEN DISCUSSION ON THE FOLLOWING FIVE MAJOR ISSUES ..

MEMBERS AS WELL AS OTHERS CAN PARTICIPATE AND MAIL VALUABLE SUGGESTIONS ( WITH THEIR MOBILE NUMBER ) TO ojtobsnl@gmail.com .
1)
MAINTAINING STATUS-CO AS OJTO:

Re-officiating order issued from Circle office , Kerala dtd 3-1-2012 was only up to 31st March 2012 instead of up to 2nd July 2012 and the order already issued for another batch up to May 2012 was cancelled and re-issued only up to 31st March 2012.The Association took the matter very serious and pointed out to the authorities about the recent order by Hon. CAT,EKM (dtd 09-12-2011) on OA 106/2010 (filed by Mr. Jagannathan Sec. Tvm SSA, Mr. Baijumon Sec. Alpy SSA etc..) to maintain the status-co till a final decision on our representation is derived in the case of relaxation of qualification to OJTOs for appearing JTO LICE , and got assurance from the authorities that there will not be any break or change from the conventional method of Re-officiating ,other than streamlining the officiating of all the batches from a single date.

2) REGULARIZATION OF OJTOs :
As per the directions in the order of Hon.CAT ,EKM on OA No: 207, requesting regularization either by ‘personal up gradation’ or by any other method what is felt amicable by the authorities to settle our long pending issue has been submitted during
the 1st week of December 2011 to the CO, Delhi; in which it is very clearly underlined that personal up gradation never attracts contempt of court ( Only diversion is stopped by Chandigharh HC ). Hon. EKM CAT has directed us to wait two months for a positive decision from the concerned authorities or if not to approach the same court. In the representation we have demanded to fix the date of regularization at least as on the day of starting of our officiating service.

3) FR 22 1(a) 1 :
A contempt of court case on this issue is filed by Mr. Kabeerdas at Delhi Principle CAT. Our association is watching every developments in this

regard and well prepared to handle it both financially and legally. Mean while on 13
th Jan 2012 Hon. High Court Delhi has dismissed the petition filed by BSNL against the order of Delhi Principal CAT and ordered BSNL to implement FR 22 1 (a) 1 to all officiating JTOs. Adamant attitude of the BSNL management once again proved !! BSNL PLAN TO FILE SLP IN THE supreme Court against implementing FR 22 1 (a) 1 !!! We are sure we will win in Supreme court also. FR 22 1 (a) 1 case at EKM High Court is also to be taken care. But it is came to the notice of the association that some fraud play is done by some of ( 3 or 4 OJTOs of Kerala circle ) our old members those who were thrown out from our association for stealing the common fund is now again trying to cheat our members begging cash and spreading fake stories( Qualification relaxation to OJTOs for sitting JTO LDCE and status-co protection is a case won purely by our association. But these fellows claim as their victory !! ). Once again all OJTOs all over India are requested to be careful about this selfish Brutus.

4 ) JTO LDCE ( how the exam has to be conducted ?)
The conditions in the JTO LDCE notification was not acceptable to us due to many reasons. We pointed out five major mistakes of that notification and corrected three of them with the help of favorable orders from Hon.CAT.

a) One TTA who has joined during 2002 was able to become JTO of 2001 ..!!!!! We could win year wise split up of vacancies rather than clubbing them in 2009 and defeat this ‘Uttoppian idea’. ( OA 203/207)

b) A man who has crossed age cut off (50 years) just in the year 2009 was not allowed to sit for exam even if he was eligible for the years from 2000 to 2008. We fought against this discrimination and won to settle the issue. ( OA 203/207 )

c) A large number of OJTOs were disqualified ( Mechanical, Instrumentation etc.) to sit for the exam and denied their chance to improve their seniority. We could win this through another CAT order on OA 106 .

Now what is remaining ..

1) To reserve vacancies up to 2009 for DoT hands: BSNL has amended the 2001 RR and made the minimum year of experience to 7 yrs from 10 yrs during 2010 with out mentioning any retrospective effect in the amendment. But many of the circle authorities interpreted and tried to allow 7 yrs experience even for the vacancies prior to 2009. This would have reasoned an unfair competition between aged but more experienced hands and youngsters. Unfortunately we could not win the case of avoiding the retrospective effect of amendment in the Hon. CAT,EKM , even if the court has observed it illegal. Dept. was about to issue notification for exam. without correcting this major mistake. So we filed another application in the Hon. High Court ,EKM and the court including the Hon.Chief Justice of Kerala High Court found merit in our case and stayed all further proceedings of JTO LDCE. We are sure we will win it and reserve all the vacancies up to 2009 for seniors.

These young TTAs are recruited to BSNL to work as TTAs for at least 10 yrs. In some of the web sites run by this youngsters they claim that they all are Btech. even though their basic recruitment qualification is Diploma. We wonder why do they declare war against their senior TTAs of same recruitment qualification. We advice them if they are so bright and Btech. go to the open market and fight for outside JTO 50% quota. We also know that almost all of them have tried many times and failed in that battle.

2) To ensure seniority for 2000 DoT list over BSNL JTO LDCE list: As per the agreement signed between DoT and the recognized unions of that time in the year 2000 during the transition of the DoT to BSNL we the OJTOs stand senior to any other recruitments of BSNL in the cadre of JTO. We strongly and without any compromise demand our seniority over the proposed JTO LDCE list. So we demand
REGULARIZATION BEFORE LDCE. We hope we will win in this battle too. We are well prepared to fight up to the Apex court to ensure our seniority.

One unethical union took birth in our BSNL in the year 2006. (That was a wrong baby. There after our BSNL started to decline). That union has unnecessarily blocked our promotion which paid them nothing. They stopped the diversion from outside quota (DoT. vacancies left un used before 2000). This diversion was totally not harmful to these young boys. Fist time in the history of the world one group of junior employs stopped the benefits of another group of employees for no use. Later on we realized that the then leader of that union has become DRJTO during

2008 and he wanted seniority over all the 6000 OJTOs was the reason for filing a case in the Chandigarh HC!!! . SATAN !!!

We hope a final verdict will come out within two or three hearings at Chandigharh court by the middle of 2012 and the Contempt case will be over.

5) SDE LDCE ( ANOTHER MOST ILLEGAL AND WRONG ATTEMPT)
JTO is the feeder cadre of SDE . BSNL has not yet recruited a single JTO from the departmental quota since 2000. That is for the last long twelve years no JTO LDCE has been conducted. Also BSNL has not regularized even a single candidate from second qualifying list as per RR 1996 of DoT. Even super numarory JTOs are not allowed to attend exam!!. That is last portion of the 1
st qualifying list conducted as per 1990 RR by DoT in the year 1995 regularized as numarory is also kicked out from the exam. Then for whom the SDE promotion is reserved ?? Only for BJTOs and those who were recruited before decades back !! Now BSNL is going to fill all the SDE posts up to 2010 through a single SDE LDCE. This is totally illegal and arbitrary. Association hopes that some ‘Lokauktha’ or Human rights Depts. will take up a case as their own against this unbelievable decision of BSNL and punish/imprison the culprits.

ASSOCIATION HAS PRESENTED FIVE OF THE MANY IMPORTANT ISSUES

OUR IDEAS AND ACTIONS MAY BE NOT ACCEPTABLETO YOU. SENT YOUR SUGGESTIONS TO ojtobsnl@gmail.com WITH YOUR MOBILE NUMBER.
BRAVE .. DIES ONLY ONCE….

A COWARD DIES MANY TIMES….

NFTE LETTER ON OUR ISSUE

NEWS FROM NFTE SITE

27-01-2012 : Extension of FR 22(1) a(1) benefit to all officiating JTOs Vis- a Vis writ Petition filed at Delhi High Court by BSNL has been dismissed on 13th January, 2012. NFTE met GM (Est) and urged for extension of benefit to officiating JTOs in other circles akin to Kerala in view of dismissal of WP.

BSNLEU LETTER ON OUR ISSUE

NEWS FROM BSNLEU SITE


[28.01.2012]FR 22 (i) a (i) to officiating JTOs: GS and Dy.GS meet Director (HR)

Com. P. Abhimanyu, GS and Com. P. Asokababu, Dy.GS met Director (HR) yesterday the 27.01.2012 and discussed with him the issue of FR 22 (i) a (i) to officiating JTOs. They requested the Director (HR) to accept the court judgement on granting FR 22 (i) a (i) to the officiating JTOs and not to go on any appeal in the Supreme Court. The Director (HR) assured to look into the matter.

The GS and Dy.GS once again requested the Director (HR) to take an early decision for conducting prequalifying test for the TTA LDCE. The Director (HR) assured to look into this issue also.

2012/01/28

BSNL EU LETTER TO DIRECTOR (HR) BSNL ON 27/01/2012

BSNL EU wrote a letter to sri A.N.RAI .Director (HR) BSNL corporate office.
 Vide letter No.BSNLEU / 526 (JTO)  Dated 27/01/2012 to implement the FR 22 (1) a (1) to all the Officiating JTO's which was discussed in the N Council Standing Committee Meeting held on 24/01/2012 Tuesday agenda Item no 9.11 . !!!!!!!!!!!!!


0ur Sincere thanks to sri P.ABHIMANYU G/S , sri P.ASOKABABU DYP.G/S BSNLEU . we also thanks to sri V.A.N.NAMBOODRI President BSNLEU and sri SUBBURAMAN G/S TEPU who are standing committee members.Central  coordinator personally discuss with sri Asokababu regarding FR 22(1)a(1) and Personal up gradation and Chandigarh court case .

Principal CAT case on 30-01-2012 BSNL should give reply in the court........

COCP 1431/2008 Chandigarh case on 09/02/2012 counter affidavit submitted by petitioner's....
    

2012/01/27

NFTE LETTER TO GM (Estbl) ON 27/01/2012

NFTE wrote a letter to GM (Estbl) to implement FR 22(1) a (1) to all the Officiating JTO's all over the country Vide letter No. TF-24 /2 (2) dated   27/01/2012.......

Our sincere thanks to sri Chandeshwar Singh G/S .NFTE............

GM (Estbl) / AGM Pers 1V , should appear in person in Principal Cat New Delhi on 30/01/2012.....

We hope that before 30/01/2012, the orders are expecting implementation of FR 22(1)a(1)...........................

FOR EVERY PROBLEM THERE IS A SOLUTION....
Locks are never manufactured without a key......
Similarly GOD never gives a problem without a solution
All we need to have is patience to unlock them........

2012/01/25

BSNL FILING SLP IN SUPREME COURT / BSNL OA CHALLENGING IN SUPREME COURT

The BSNL management committee meeting of National council clearly indicated that BSNL Management is filing SLP in Supreme Court before 30th of JAN .........

30/01/2012 CMD ,GM (Estblt), and AGM Pers BSNL has appear in person in Principal CAT New DELHI .......
Expecting implement order or letter before 30th JAN..........

BSNL OFFICERS ASSOCIATION Regtd, Ready to challenge the BSNL SLP in SUPREME COURT OF INDIA.........

In KERALA circle Thiruvananthapuram Asst.General Manager (HR) Issued Reversion to the cadre of JTOs Vide letter no No.HR.111/3-25(O)/2011/70       dated at Trivandrum-33 the   28-12-2011  ,reverted as JTO w e f 26/12/2011 A/N.

Officiating Promotion as SDE in TES Group'B' .

Vide letter No.HR.111/3-25(O)/2011/71         dated at Trivandrum-33 the   28-12-2011 ,
The JTOs is temporarily promoted to the cadre of TES Group'B' and posted to officiate locally as SDE in the pay scale of Rs.20600-46500 as indicated against posts w e f 28/12/2011 (F/N)......

Pay on promotion will be fixed as per the provisions under FR 22(1)a(1).The officer already placed in the upgraded scale as per the Time Bound up gradation policy will not have any benefit in the pay and allowances........

                              .....        CORRIGENDUM    .........

 Vide No HR-111/25/JTO-Offg/2011/22            dated at Trivandrum   the 27/12/2011......a

The order issued in KERALA as per corporate office information is that all officiate arrangement may be stopped  from 1st April , before that Bsnl has to take necessary steps regarding Regular Promotion in the all Group B officers.

Some people are wrongly propaganding about the Officiating JTOs issue, so dont trust them......

2012/01/24

STANDING COMMITTEE MEETING OF NATIONAL COUNCIL BSNL ON 24-01-2012 AT NEW DELHI

Standing Committee Meeting of National Council will be held on 24/01/2012 Tuesday at Bharat Sanchar Bhavan Corporate office New Delhi at 11.00 am, Items of the National council will be review in the meeting sri P.Abhimanyu G/S sri P.Asokababu DYP G/S sri V.A.N.Namboodri President BSNL EU and sri Subburaman G/S TEPU members of the meeting.

Central coordinator discuss and explained to standing committee members for our latest information about FR22(1)(a)(1) case and Personnel Up gradation .

Standing committee chairmen has to attend in the court on 30/01/2012 in person in PCAT.

before that BSNL has to pass the orders of FR22(1)(A)(1)  implementation to all officiating JTO's w.e.f 2005 onwards.

THE HIGH COURT OF DELHI
judgment order on 13.01.2012 W.P.(C)243/2012
CM 514/2012
WP is directed order dt 05/09/2011CAT P B ,
W(PC)1339/2011 Hearing on 28.02.2011
RA 125/2011 in OA 1282/2010 ITS ORDER DT 28/02/2011.
OA No.1282/2010 order dt 26/08/2010decicion of the Ernakulam Bench of the Tribunal in the matter of M.V.Salilakumar & Others v/s The Chairman and Managing Director and others; (TA No 84/2008 and others connected TAs decided on 15.07.2009)
 A copy of the reply filed on behalf of the respondents in the OA, which we order to be read as part of the judgment. THERE IS NOT A SINGLE SENTENCE MENTIONED THEREIN THAT THE FACTS OF THE CASE BEFORE THE ERNAKULAM BENCH AND THE ONE BEFORE US WOULD BE ENTIRELY DIFFERENT"
In view of the foregoing circumstances ,we do not see any infirmity in the orders passed by the Tribunal and consequently this writ petition is dismissed.

BADAR DURREZ AHMED,J

V.K.JAIN,J

We hope for the best of today's decision of the BSNL after convince of the leaders of NCM

BSNL OA challenge the BSNL petition in the Supreme cour (Legal fund to be send to finance secretary M.R REDDY)



  

2012/01/20

2012/01/18

RAJASTHAN OFFICIATING ORDERS

RAJASTHAN OFFICIATING ORDERS..


The JTO(O)A BSNL I requested to Sri Prahlad Rai G/S AIBSNLEA to take immidiate action to officiating arrangements in RAJASTHAN Circle which is due since long ,C/S Rajasthan circle Sri OP JAT knowing the issue.We also requested to Sri P.Abhimanyu to see the Officiating orders may issue as early as possible...

LEGAL FUND..All Ccircle and SSA coordinators are requested to collect Legal Fund and contact with CHQ Finance secretary sri M.R.REDDY..........

!!!!!!!!!!        DPE ISSUES ORDERS ON IDA INCREASE         !!!!!!!!!!!
DPE issued order increasing IDA rate on revised (2007) pay / pension by 4.7% w.e.f . 01/01/2012 to 56.7% vide F.NO .2 (70) / 2008 - DPE (W C)- GL.I / Dated 16/01/2012....RajendraKumar .Director.....

JTO (O) FRDS BE READY FOR CHALLENGE THE. JTO LDCE EXAM IN ALL TRIBUNALS TILL OUR REGULARISATION

2012/01/17

BSNL IS GOING TO FILE SLP IN SUPREME COURT ON FR22(1)A1

OUR CASE IN
Central Administrative Tribunal
          Principal Bench,NEW DELHI

O.A.No 3213/2009
M.A.No 1941/2009

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 SDOP1 CMR,Charminar
Hyderabad-500 002                                         Applicants

Versus

1. BSNL(A Govt of India Enterprises)

2. Chairman-cum.Managing Director BSNL

3. Assistant General Manager (Personnel) 1v
    BSNL (A Govt of India Enterprises)
    Corporate office  5th Floor,Bharat Sanchar Bhawan
    Janpath
    New Delhi                                              ...Respondents
 
2........OA 1282 / 2010
3........MA 3082 /2010
4.....NEW DELHI HIGH COURT .... WP (C)243/2012  (CM Appl 513-514/2012) serl no 14
5......CP 895/2011 SERIAL NO 47
6.....1431/2011

Today , BSNL Advocate Mr.SAMIR AGRAWAL  (Council) made a statement in Principal Cat New Delhi that BSNL is going to file a SLP in Supreme Court . The HON'ble Judge gave a direction to IMPLEMENT THE ORDER  within 10 days or before going to SLP.And the next hearing is posted on 30th JAN 2012..Our advocate MRS. RANI CHHABRA was also present in the court.

Friends we will also file a case in Supreme Court  if it happens .... All state coordinators and SSA coordinators are requested to be in contact with CEC members...........KABEERDAS

2012/01/16

CONTEMPT OF COURT CASE IN PRINCIPAL CAT

THE CONTEMPT OF COURT CASE IN PRINCIPAL CAT WITH SL NO:47 AND CASE NO:CP 895/2011(O.A. 1282/2010) BETWEEN B.S.N.L OFFICERS ASSN V/s R.K.UPADHYAY WILL BE HEARD TODAY IN PRINCIPAL CAT DELHI.MRS. RANI CHHABRA ADVOCATE IS ATTENDING ON BEHALF OF US AND SH. SAMEER AGGARWAL WILL REPRESENT FOR BSNL.TO DAY THE DEPARTMENTAL SIDE TRY TO ARGUE LIKE AS EARLIER BUT THE JUDGES ORDERED THE CMD AND GM(EST) TO PERSONALLY PRESENT IN THE COURT ON THE NEXT HEARING DATE ie ON 06-02-2012.
AS ALREADY THE DELHI HIGH COURT HAS PASSED THE ORDER INFAVOUR OF US IN THE SAME CASE WE ARE EXPECTING THAT ORDER WILL BE PASSED IN FAVOUR OF US HERE ALSO.

GOOD DAYS ARE AHEAD FOR US.WE ARE SEEING THAT ALL OUR ISSUES WILL BE SETTLED SHORTLY ...KABEERDAS

2012/01/13

DELHI HIGH COURT DIVISION BENCH ORDER ON FR22(1)A1


THE CASE FILED BY BSNL AGAINST PRINCIPAL CAT ORDER ON FR22(1)A1 WAS POSTED TODAY IN DELHI HIGH COURT AND WAS HEARD BY  DIVISION BENCH-3 IN COURT HALL NO:3 BY HON'BLE MR. JUSTICE BADAR DURREZ AHMED and HON'BLE MR. JUSTICE V.K. JAIN  with SL NO:14.  CASE NO:W.P.(C) 243/2012 (CM APPL. 513-514/2012 ) BETWEEN BSNL AND ORS Vs. BSNL OFFICERS ASSOCIATION(REGD) AND ANR WAS ATTENDED BY OUR LAWYER SRI SAMEER AGGARWAL.



THE CASE WAS DISMISSED AND DIRECTED BSNL TO IMPLEMENT FR22(1)A1 SCALE FOR ALL OFFICIATING JTOs......KABEERDAS

2012/01/09

LATEST NEWS ON FR22(1)A1

THE FR22(1)A1 CASE IS HEARD TO DAY IN PRINCIPAL CAT NEW DELHI AND POSTED TO 16-01-2012 .THE EMERGENCY STATE COORDINATORS MEETING WILL BE HELD AT DELHI IN THE MONTH OF FEB-2012.FIVE MEMBERS COMMITTEE WAS FORMED FOR IMPORTANT DISCUSSIONS FROM TODAY....KABEERDAS

2012/01/03

REGARDING FR22(1)A1 CASE AT DELHI HIGH COURT

BSNL MANAGEMENT FILED A PETITION AGAINST PRINCIPAL CAT NEW DELHI ORDER ON FR22(1)A1 TO DAY AND THE CASE IS POSTED FOR NEXT HEARING TO 09-01-2012...KABEERDAS

2012/01/02

JTO (O) A BSNL (INDIA) WISHES YOU HAPPY NEW YEAR ...2012

FR 22 (1) a (1) case hearing on 03/01/2012 in DELHI HIGH COURT
Sri .VERENDER and SARNAM SING TOMER  attending the case hope for best ..............

                               
                    Expecting IDA 47% HAS BECOME  DUE w.e.f  . 01-01-2012

   
                                                         BSNL TO RE-EMPLOY ITS officers

It is learnt that BSNL is considering that re-employment of some 700 ITS officers,through an emergency recruitment process, There ITS officers will resign from DOT and will get re-employed in BSNL.But there will be a condition that these officers should have at least 2 years for serving for retirement.In that case the nearly 44 ITS officers in the reach of CGM,may not be consider for such re-employment since they have less than two years of service for retirement. Hence senior officers from finance as well as civil and electrical engineering which may get a chance to be posted as CGM"s..................!!!!!!!!!!!

BSNL SPECIAL LATERAL DIRECT RECRUITMENT RULES 2011 for senior management level BSNL has framed Special Lateral Recruitment Rules 2011 for recruitment and immediate absorption of executives for E6 TO E9 levels.................!!!!!!!!!!!!

POLICY FOR ALLOTMENT OF STAFF QUARTERS TO RETIRED EMPLOYEES..............!!!!!!!!!
_________________________________________________________________________________

TTA'S O/S DIRECT RECRUITMENT AND ELIGIBLE TO 35% LDCE EXAME

2002------2200 ELIGIBLE FOR  LDCE EXAM IN 2012 ASPER 2001 JTO RR'S

2003------1400     "                             "                     2013               "

2008------3600     "                             "                     2018               "

2009------4090     "                             "                     2019               "
---------------------------------------------------------------------------------------
                 11,290 
___________________________________________________
7 years relaxation service condition amendment 2001 JTO RR will effect from 2009 onwards it means 2008 and 2009 recruits are eligible  7690 in the year 2017&2018.........
Number of chairs are available for 35% quota for O JTO's and DR TTA's ,because of court case LDCE exam is postphoning regularly,we hope court case may settle early before March 2012.........!!!!!