Latest position of court cases

All over India 4 cases filed by Officiating JTOs for Regularization, Supernumerary and Reserving of Posts for OJTOs ( AP Circle at High Court Hyderabad, All over India at PCAT New Delhi, Tamilnadu Circle at Chennai and Maharashtra Circle at CAT Mumbai Bench). All the cases are at final hearing stage.

List of items submitted for discussion in the 30th National Council Meeting

Extract from AIBSNLEA site regarding our issues discussed in the Meeting with Director (HR) and all other Senior Officers of BSNL Corporate Office

27.03.2014: AIBSNLEA meeting with DIR (HR) BSNL on the kind intervention of CMD BSNL in response to our letter dated 19.02.2014:GS, FS, AGS (HQ), AGS(Fin) and AFS attended meeting with  Dir (HR) BSNL in response to our letter dated 19.02.2014 on long pending HR issues. . The following officers were also present in the meeting  GM (SR), GM (Pers.), GM (Estt), GM (Restructuring), GM (EF), GM(FP), GM(Admin), GM (CA) and DGM (SR)). DIR(HR) initiated the discussions on pressing pending HR  issues. GS thanked for arranging the meeting and initiated discussions on the HR issues as under:

9.            Regularization of officiating JTOs and removal of FR-35 pay fixation.

The Committee Constituted to amend the JTO RR-2001 has to submit its report. All the Unions/Associations have already given their views/suggestions in this regard. We request for early regularization of the officiating JTOS and removal of FR-35 Pay Fixation by giving pay fixation under FR-22-(1a)(i) to all the officiating JTOs as per the judgment of Hon'ble Apex Court.

Reply:  Dir (HR) mentioned that the committee constituted for modification of JTO RR-2001 has completed the report and will submit it shortly to the BSNL Management Committee for clearance and thereafter to the BSNL Board for approval. After notification of the new JTO RR – 2014, the regularization of officiating JTOs will take place immediately.   

Regarding Reserving of posts

OA 1467/2013, MA 1333/2013, MA 1801/2013 heard on today at PCAT New Delhi in the Court Hall No-2 with Sl.No. 31. Our side Advocate is Smt Rani Chhabra and BSNL side Advocates are Sri Lalit Bhardwaj and Sri Amit Gupta. BSNL Advocate not submitted the Counter regarding implementation of Regularization process. Hon'ble Judges Mr. Sudhir Kumar Member (A) and Mr. A.K.Bharadwaj Member (J) directed the BSNL advocates to submit the counter immediately and the case is posted for hearing on May 6th 2014. Our Advocate is applied for the inclusion of names of all Officiating JTOs who are submitted the forms in this case and it will be notified in the next hearing.

Regarding JTO RR 2014

Final note is prepared after clearing all legal queries  in Establishment and the file may be put up for MC approval in the next week.

Maharashtra Circle Officiating Orders issued today through the Pursuance of GS N.Kabeerdas and MH Circle Coordinator BD Wani at New Delhi and also continuous pursuance of Sri B.D.Wani at Maharashtra.

All the State and SSA Coordinators are requested to send their email id as early as possible to the GS mail id kadashyd@gmail.com immediately for sending the Representation form for claiming implementation of FR 22 (1) a (1) to their respective CGMs  and the Court / BSNL orders .

ORDERS REGARDING FR 22 (1) a (1)

CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH

CP No.515 of 2013

IN

OA No.1282 of 2010

New Delhi, this the  13th day of March, 2014

HON BLE SHRI G. GEORGE PARACKEN, MEMBER (J)

HON BLE SHRI SHEKHAR AGARWAL, MEMBER (A)

1. BSNL Officers Association (Regd)

 Through its President Rudra Pal Sharma,

 O/o T-15, Atul Grove Road,

New Delhi.

2.            N. Kabir Das

S/o Late N. Narayana,

O/o SDES&M Udan

CMR Charminar,

Hyderabad -500 002.                                                       Petitioners

(By Advocate: Mrs. Rani Chhabra)

Versus

1.            Shri R.K. Upadhyaya      

Chairman-cum-Managing Director, BSNL

Corporate Office: 3rd Floor,

Bharat Sanchar Bhawan,

Janpath, New Delhi.

2.            Shri A.K. Singh

Assistant General Manager (Personnel)

Pers-IV, BSNL, 5th Floor,

Bharat Sanchar Bhawan,

Janpath, New Delhi.                                                       .Respondents.

(By Advocate: Mr. Sameer Aggarwal)

ORDER (ORAL)

SHRI G. GEORGE PARACKEN, MEMBER (J) :

                This Contempt Petition has been filed by the petitioner alleging non-compliance of the Order of this Tribunal dated 26.8.2010 passed in OA No.1282/2010. The operative part of the said Order reads as under:-

3.          We have gone through the judgment passed by Ernakulam Bench of this Tribunal and are in respectful agreement with the same.  We are, however, informed that against the judgment aforesaid, respondents have filed two writs in the Hon’ble High Court of Kerala and the same have been admitted, but in none of these two writs, stay has been granted.  If perhaps, the respondents would have obtained the stay, we may have adjourned this case sine die.  But, inasmuch as, once there is no stay and, therefore, the applicants in TAs are getting the relief granted to them, there will be no need whatsoever to stay the proceedings of this case.

4.            For parity of reasons, we allow present Original Application in terms of the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors.(supra). However, we make it absolutely clear that the fate of the applicants herein would be dependent upon the writs filed by the respondents in Kerala High Court.  That being so, if the writs are allowed, the respondents may withdraw the benefits given to the applicants and, therefore, there will be no need for the respondents to file separate writ in this case.

2.            Today when the matter was taken up for consideration, learned counsel for the parties have submitted that the aforesaid Order of this Tribunal has been complied with except for payment of arrears. The petitioners counsel has also acknowledged to that extent. 

3.            In view of the above position, this Contempt Petition is closed. Notices issued to the alleged contemnors are discharged. However, it is hoped that the respondents would pay the arrears arising out of the aforesaid order to the applicants within a reasonable time preferably within a period of two months from the date of receipt of a copy of this Order. There shall be no order as to costs.

(SHEKHAR AGARWAL)                                                   (G. GEORGE PARACKEN)

       MEMBER (A)                                                                  MEMBER (J)

/ravi/