MRS. RANI CHHABRA Chamber: Office-cum-residence
ADVOCATE 125, Lawyers Chamber 1,Hargobind enclave
SUPREME COURT OF INDIA Supreme Court of India Vikas Marg Extn
New Delhi – 110 001 Opp. Deepak Memorial
Phone: 23387827 Hospital,
Mobile: - 9811168252 Delhi 110 092
Date:- 03.04.2013
To
Shri R.K. Upadhyay
Chairman-cum-Managing Director, B.S.N.L.
Bharat Sanchar Bhawan,
Harish Chandra Mathur Lane,
New Delhi-110001.
Sub:- For implementation of Order dated 26.8.2010 passed by Central Administrative Tribunal, Principal Bench confirmed by Hon’ble Supreme Court Order dated 20.2.2013 granting benefit of pay Fixation under FR 22(1)(a)(i) to all the officiating JTOs in different circle.
Sir,
Under instructions by and on behalf of my clients President of BSNL Officers Association (Regd.) O/o T-15, Atul Grove Road, New Delhi and Shri Kabeer Das S/o Late N. Narayana, o/o SDO PI CMR, Charminar Hyderabad, I hereby bring to your kind notice:-
1. That to my clients had filed Original Application No. 1282 of 2010 before the Central Administrative Tribunal, Principal Bench challenging the order dated 5.1.2010 passed by Corporate Office of BSNL refusing to give benefits of provisions of fundamental Rule 22(1)(a)(i) to members of my client Association who are qualified and have been discharging the duties and performing responsibilities of the post of Junior Telecom Officer by Officiating for the past 8 years especially when the said benefits have already been given to similarly situated JTOs posted in other Circles.
2. That the said OA filed by my clients was allowed by the learned CAT Principal Bench by detailed Judgment and order dated 26.8.2010. Copy of the order is enclosed.
3. That against the said judgment initially BSNL filed Writ Petition in the High Court of Delhi, which was disposed of with liberty to BSNL to file Review of the judgment dated 26.8.2010. BSNL filed Review Petition NO. 125 of 2011 before the Hon’ble Tribunal, which was dismissed on 5.9.2011.
4. That against the said order dated 5.9.2011 passed by CAT Principal Bench in Review Petition BSNL filed Writ Petition No. 243 of 2012 before the Hon’ble High Court of Delhi which also stood dismissed on 13.1.2012.
5. That against the said order dated 13.1.2012 of the Hon’ble High Court of Delhi BSNL had filed Special Leave Petition No. 4583 of 2012 in the Hon’ble Supreme Court of India and Hon’ble Supreme Court also vide order dated 20.2.2013 dismissed the Special Leave Petition. Copy of the same is enclosed.
6. That after the judgment and order of the Hon’ble Supreme Court. Your goodself is requested to implement the order dated 26.8.2010 passed by Central Administrative Tribunal, Principal Bench fixing pay of my clients according to FR 22(1)(a)(i) and pay them accordingly within a period of 15 days otherwise my clients will be constrained to move to the appropriate Court for initiation of contempt proceedings against your goodself and erring officers, for which you yourself shall be responsible.
Thanking you,
[Mrs. Rani Chhabra]
Advocate
Enclosure:-
(i) Copy of judgment dated 26.8.2010 of the CAT, Principal Bench.
(ii) Copy of the order dated 20.2.2013 of the Hon’ble Supreme Court.
