KARNATAKA WP 34783/2009 CASE STATUS

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High Court of Karnataka - Principal Bench at Bangalore

WP 34783/2009

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KARNATAKA HIGH COURT PRICIPAL BENCH CASE DETAILS

THE CASE IN KARNATAKA HIGH COURT PRINCIPAL BENCH REGARDING JTO LICE WILL BE HEARD TODAY FOR FINAL JUDGEMENT.THE CASE DETAILS WERE ALREADY GIVEN IN PREVIOUS POST.

Our Central Coordinator met concerned officers in Corporate Office for the implementation of FR22 (1)a(1). They said that they have not received Certified copy of judgment. Sri Kabirdas submitted the Certified Copy to the concerned. And also submitted the letter for implementation with in 15 days in which stating that we my be may be forced to go for contempt if not implemented.

 

Our Central Coordinator also met Sri Prahlad Rai AIBSNLEA GS for the early implementation of FR22 (1)a(1)  and discussed the latest developments regarding Regularization of Officiating JTOs through Personal Up Gardation.

Friends we all Officiating JTOs should wear the Black Badges on 16-03-2013 to protest against the delay of Regularization. Please inform to each other to respond to this call and make it grand success by wearing the Black Badge (Black Ribbon).

The clarification given by the BSNL corporate office “Officiating JTOs will have to appear in the LDCE to become regular JTOs and hence there is no question of keeping any JTO vacancy reserved for them” has come out because of  Our Central coordinator and BSNLEA GS letters to the BSNL management to exempt the Officiating JTOs from the LDCE. This doesn’t mean that all the Officiating JTOs are eligible for LDCE. The BSNL management saying that those Officiating JTOs who are eligible for LDCE can write the examination to become Regular JTO.

All the Officiating JTOs through out India are requested to wear Black Badges on 16-03-2013 w.r.t our Regularization issue through Personal Up Gradation.

Maharastra  Circle SSA coordinators and active members meeting was held on 03-03-2013 at Pune, Bajira Road Telephone Exchange under the Chairmanship of  Sri Parnerkar and Sri B.D Wani. In the meeting after a long debate the following resolutions  passed.

 

1)   Extending full support to State Coordinators Sri Parnerkar  and Sri B.D Wani in all the future programs in the State and CHQ.

2)   Extending full support to Central Coordinator for the future programs.

3)   Agitation program by wearing Block Badges on 16-03-2013 through out India.

4)  Hunger strike Program at SSA head quarter as per the dates fixed.

5)   Dharna Program at Circle office at Bombay.

All the members are requested to contact Sri Parnerkar on His Mobile 9423969789 for further details.

All the Unions / Associations are requested to extend their support for the agitational program by the Officiating JTOs.

Tamilnadu Circle SSA coordinators and active members meeting was held at Madurai under the Chairmanship of  Sri R Adam & Manikantan. In the meeting long discussion was takes place regarding Regularization through Personal Up Gradation and the future course of action.

Maharastra Circle SSA Coordinators and active members meeting is going to be held on 03-03-2013 at 1330 Hrs  at Conference Hall, Bajira Road Telephone Exchange, Pune. All the MH Circle members are requested to attend the meeting without fail to discuss about the latest developments and future course action.

JTO LDCE notification issued for the following circles also.

1) J&K

2) UP (W)

3) UP (E)

4) TAMILNADU

5) KERALA

6) HARYANA

Our delegation along with Central Coordinator attended the Open Session in Extended Central Exucutive Commitee meeting of BSNLEU on 28-02-2013 at Warangal, AP. After the meeting we met Sri P.Abhimanyu personally and discussed about the developments regarding Regularization and FR22(1)a(1) implementation. He says that he will  peruse FR22(1)a(1) implementation and assured that he will make all efforts to Regularize the Officiating JTOs .

AIBSNLEA GS WRITES TO CMD BSNL

No. AIBSNLEA/CHQ/CMD/2013 Dated:25.02.2013

To

Shri R.K. Upadhyay,

Chairman –Cum-Managing Director,

BSNL, New Delhi -110001.

Sub:- Regularization of all qualified officiating JTOs by a onetime personal up-gradation - Urgent step to be taken before conducting the ensuing JTO LICE.

Ref: - This association letters

(1) No.AIBSNLEA/CHQ/CMD/2011-12 dt.7-4-2012

(2) No.AIBSNLEA/CHQ/CMD/2012-13 dt.15-5-2012 and

(3) No.AIBSNLEA/CHQ/CMD/2012 dt.29-11-2012

Respected Sir,

      In the above cited references and subjected matter, we would like to draw your kind attention regarding regularization of all qualified officiating JTOs by a onetime personal up-gradation.

     As you goodself is aware, this association has been pursuing this matter for the past several years. All of them were qualified as per JTO-RR 1996 of DOT and completed mandatory preappointment training in accordance with 2001-RR. Knowingly or unknowingly, those who were qualified in the 1996-RR were not given any protection when new RR came into effect. Out of those qualified for promotion as per 1996-RR, about 3500 got absorbed as regular JTOs in a phased manner and the remaining 2500 were sent for training in accordance with the syllabus of 2001-RR, and subsequently posted to officiate as JTOs in various states of the country as per policy decision taken in 2001 by the BSNL Board, the company’s supreme policy making body. 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 or more years. The fate of these 2500 officiating JTOs is now at stake. CMD, BSNL is obligated to implement the BSNL Board’s decision dated 30-3-2001 for regularizing these remaining 2500 officials also as they are all at par with the already regularized 3500 persons. The Board’s decision is still in force and the Company’s Management cannot shirk from its responsibility in the guise of a contempt of court case for which none of the affected officials is responsible. The contempt case is pending in the Hon’ble High Court of Haryana at Chandigarh for the last four (4) years and it is getting delayed unnecessarily for unjustifiable reasons. Colluding activities and certain unlawful dealings of the Corporate Office and the Haryana Circle Management, in handling the CWP 5608/2007 and subsequent CC No.1431/2008 in the Hon’ble High Court of Chandigarh in this regard were pointed out by this association on several occasions, but your goodself have not yet ordered for an inquiry into the very erious allegations raised by us.

     Every time when we approach your good office we get the typical answer that a contempt of court case pending at Hon’ble HC of Haryana is an obstruction for proceeding with the regularization process. In fact the court found contempt in diversion of DR quota. Even though it was rectified by restoration of all diverted DR quota, court did not close the contempt case, but entered into areas beyond the scope of the contempt petition. Unfortunately your office is unnecessarily yielding to it without approaching the Apex Court against the injustice in the prolonging of Contempt Case for the last four years creating stalemate in the HR operations of the company and adversely affecting the future and career of a large section of employees who were not made parties in the original case and even denied a chance to be heard, though it was mandatory in the interest of justice. Now the Hon’ble HC is waiting for the conduct of JTO LICE., which is to be done by various circles. It is uncertain when the contempt of court case will come to an end. We feel it is futile to wait for a logical end of this case for deciding the fate of the officiating JTOs. Even after this contempt of court case is disposed by the Hon’ble High Court, and the respondents are acquitted on conditions accepted by the company, BSNL will not be able to settle the regularization issue of officiating JTOs by a further diversion of DR quota after that, as it will become a contemptuous act again. Hence the decision of the Board to regularize all remaining officiating JTOs (qualified TTAs) can be implemented only by a onetime personal up-gradation, as suggested by us and several other trade unions.

     Hence, the regularization all remaining officiating JTOs by a one-time personal upgradation is still a practical and workable solution, as the BSNL Management was not willing to approach the Apex Court against the decision of Haryana HC. However, BSNL has got full powers for personal up-gradation and any of the pending court cases cannot stand in its way, as diversion of vacancies is not involved in personal up-gradation process. Doing such a thing (personal up-gradation) is not against any standing directions of the court of law and BSNL cannot delay or deny it further on the ground of sub-judice. The contempt is only for diversion of vacancies. Hence personal up-gradation can be done as demanded. There is no need or logic to wait for the disposal of contempt case to accede to this demand, as there

exists no other way to resolve the issue whatever be the outcome of the contempt case.

     Now it is very much essential to settle the issue by this process, in view of the fact that LICE as per the current JTO RR is notified. We are not against conducting the LICE to JTO. But the interest of the affected group is also to be protected.

     We submit the following request/ suggestion before your goodself to get some relief to the affected group of officiating JTOs striving hard throughout the country:-

(1) If personal up-gradation cannot be completed before the conclusion of contempt case, please issue an order stating that those TTAs who stand qualified as per 1996 RR or previous RRs and now officiating as JTOs for the past several years after getting phase-I training, will be exempted from appearing for the ensuing JTO LICE, in view of the proposed up-gradation. Their regularization will be decided before giving posting to the successful candidates of the ensuing LICE. (But those who are eligible for appearing LICE in this group, as per age and educational qualifications prescribed in the current RR can appear in the LICE if they are willing to contest in the LICE also).

(2) It may also be clarified that, the seniority of all those who are exempted now and regularized through up-gradation later, will be decided as per the rules regarding fixation of seniority prevalent for the cadre.

    

A very early and favorable decision on the above is solicited, in the true interest of the

company and its hard-working employees.

With kind regards,

Yours Sincerely,

-sd-

(Prahlad Rai)

General Secretary.

Copy to:-

(i) Dr. (Smt.) Kruparani Killi, Hon.'ble MOS (C&IT) (P), Govt. of India, New Delhi-110001 – for kind intervention please

(ii) Shri R. Chandrashekhar, Chairman TC & Secy. (T), DoT, New Delhi-110001 – for kind intervention please.

(iii) Shri A.N. Rai, Director(HR), BSNL Board, New Delhi-110001

(iv) Shri R.K. Goyal, GM(Estt), BSNL CO, New Delhi-110001

(v) Shri Neeraj Verma, GM(SR), BSNL CO, New Delhi-110001

Gujarat Circle SSA coordinators meeting was held on 23rd Feb 2013 at Ahmedabad  under the Chairmanship of Sri B.A Rao, Sri Parik and Sri RC Manwar. All the members attended are discussed in detail regarding the future course action about LDCE, Regularization throgh Personal Up Gradation.

JTO LDCE Notification issued to the following Circles.

1) AP

2) BIHAR

3) CALCUTTA

4) CHENNAI

5) JHARKHAND

6) ODISHA

7) MP

8) PANJAB

9) RAJASTHAN

10) UTTARAKHAND

11) WEST BENGAL

Our Delegation Met Sri Prahlad Rai GS AIBSNLEA and Senior Officers in the Corporate Office submitted the FR 22 1(A)1 Judgment copy for the implementation of the order as early as possible. Our delegation  also discussed with them about the latest developments regarding our Personal Up Gradation issue.

SUPREM COURT ORDER ON FR 22 1(A)1

ITEM NO.3               COURT NO.9             SECTION XIV

            S U P R E M E   C O U R T   O F   I N D I A

                         RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Civil) No(s).4583/2012

(From the judgement and order  dated 13/01/2012 in WP No.243/2012 of The

HIGH COURT OF DELHI AT N. DELHI)

B.S.N.L.& ORS.                          Petitioner(s)

                 VERSUS

BSNL OFFICERS ASSN.(REGD) & ANR         Respondent(s)

(With appln(s) for permission to place addl. documents on record and prayer for interim relief and office report)

Date: 20/02/2013  This Petition was called on for hearing today.

CORAM :

        HON'BLE MR. JUSTICE T.S. THAKUR

        HON'BLE MRS. JUSTICE GYAN SUDHA MISRA

For Petitioner(s)       Mr. R.D. Agrawala,Sr.Adv.

                     Mr. Pavan Kumar,Adv.

                        Mr. Rohit Chawla,Adv.

For Respondent(s)    Mrs Rani Chhabra,Adv.

                        Ms. Kritika Sharma,Adv.

           UPON hearing counsel the Court made the following

                               O R D E R

Heard learned counsel for the parties at some length. We do not See any reason to interfere with the impugned order, especially, when  the Principal Bench of the Tribunal has in the present case arising out of O.A. No. 1282 of 2010 made it clear that the fate of the  respondents herein, who were applicants before the Tribunal, would be dependent upon the result of the  Writ  Petitions  filed  by  the  petitioner-Corporation in the Kerala High Court. The Tribunal has  further  held that if said Writ Petitions are allowed, the petitioner-Corporation shall be free to withdraw the benefit given to the respondents herein. These observations,in our opinion,sufficiently  protect the petitioner - Corporation  against  any  prejudice. It  goes  without saying that in the light of the observations made by the Tribunal and those made by the High Court if the  Writ Petitions filed by the petitioner- Corporation before the Kerala High Court are eventually allowed and the  Judgment of the Ernakulam Bench of the Central Administrative Tribunal [CAT] is set aside,any benefit which the petitioner-Corporation may have extended to its employees pursuant to the said Judgment can be  reversed not only qua those who are parties to the said case but also qua all such employees as have on the analogy of the said order obtained benefit from the  petitioner-Corporation with or without intervention of the CAT or the High Court.
      It is common ground that pursuant to the order passed by the Ernakulam Bench of CAT the petitioner has already extended the benefit claimed by the applicants in that case. The CAT(Principal Bench) has on the analogy of that order, simply directed a similar benefit to the respondents herein, subject to the condition mentioned above, which as mentioned earlier, sufficiently secures the interest of the petitioner - Corporation, hence calles for no interference from us. With these observations the Special Leave Petition fails and is accordingly dismissed.
 
|(N.K. GOEL)                         | |(VEENA KHERA)                     
|COURT MASTER                        | |COURT MASTER                      
 
 



 

Our Central Coordinator along with other Coordinators meeting Our Advocate regarding FR22 1(A)1 case and also the Important Persons at Delhi regarding our Regularization Issue and Implementation of Honourable Supreme Court Judgement regarding FR22 1(A)1. 

SSA Coordinators are requested to  collect the Legal fund and send it to Circle Coordinators finally to reach the CHQ for the following purposes.

1)    FR22 1(A)1 case final fees settlement.

2) To meet the future Legal expenditure regarding our Regularization.

Congratulations Friends

SLP (4583/2012) filed by BSNL Management regarding FR22 1 (A)1 between Petitioners BSNL & others verses  BSNLOA,  Kabirdas & others was heard on today at Supreme Court of India. After arguments and  strong objection by our Advocate Mrs Rani Chhabra about the repeated & un necessary requests by the BSNL Management, Honourable Judge passed the order in favour of us. The details of the judgement will be updated after receiving the judgement copy.

AP Circle SSA coordinators meeting was held at Hyderabd, Vanasthalipuram Telephone Exchange Building Premises on 17-02-2013 under chairmanship of Sri Y. Ramakrishna Rao and Sri N.Kabirdas. Detailed discussion took place on the current issues relating to Officiating JTOs.

1)  JTO LDCE Examination.

2)  SLP filed by the management in Honourable Supreme Court regarding FR22 1(A)1 case.

3)  Regularization of Officiating JTOs through one time Personal Up Gradation.

4)  All other issues relating to our Association.

Central Executive body of JTO (O) Association conveys sincere thanks to AP Telecom Circle members for their open hearted support till date and the support to be extended morally, physically and financially in the future course of action till the last man of our Officiating JTO got Regularization.

MP and West Bengal Circles issued LDCE notification for JTO.

Sri Ramachandra and other members of JTO (O) A BSNL India  met Sri Abhimanyu GS BSNLEU at Mysore and discussed about our issues. Sri Abhimanyu assured that our case personal up gradation will be taken up seriously and also assured that he will pressurise the BSNL Management regarding settlement of court cases.  

FROM AIBSNLEA SITE

AIBSNLEA GS, FS met CMD, BSNL and discussed 

Regularization of Officiating JTOs: We requested for regularization of Offg. JTOs as a one time measure. After some discussions, CMD advised to discuss the matter in details further.

FROM AIBSNLOA site

Meeting with GM (Estt): Granting exemption for TTAs who have already qualified the screening test: General Secretary  met GM (Estt) yesterday and requested him to grant exemption to the TTAs who have already qualified the screening test from appearing in the JTO Competitive examination proposed to be held shortly. GM (Estt) informed us that due to contempt petitions filed in various courts like Ernakulam and Chandigarh, the Management is in a bind and could not consider our request. He rather advised all TTAs to appear in the JTO Competitive examination proposed to be held. We argued that most of the qualified TTAs have undergone the prescribed training and are officiating as JTOs for a very long period and asking them to appear in another examination after exploiting their services would be unfair. GM (Estt) expressed helplessness in this issue.

FROM TEPU SITE

TEPU opposes subjecting qualified TTAs to JTO LDCE

Once an official has come out successful in a Departmental examination, it is unfair to subject him to  appear again for the promotion to the same position. In the instant case the Officiating TTAs have been declared to become JTOs, in the screening test. Once the management had kept them in pipeline and even after inducting Phase I training for absorption as JTO, it is morally, legally and on the grounds of justification is unfair. We had taken up the case with the management to exclude the officials from the present stand, since the case before the Court is related to vacancies for their regularisation and not on the selection process they had already undergone. Hope good sense will prevail on the management.

We Convey our sincere thanks to Sri Venkata Raman and Sri Subbarayan for their support. 

 AP Circle Executive  Committee Meeting will be held at Hyderabad on 17-02-2013 at 1000 Hrs.

   

All the SSA coordinators are requested to attend the meeting without fail at least One or Two members from each SSA. All the State and SSA coordinators are requested to be in touch with central coordinator regarding latest developments and future programs

Karnataka Circle SSA coordinators meeting was held at Bangalore, New Telecom Building Premises on 09-02-0213 under chairmanship of Sri Manjunathan. . 46 members were attended the meeting. Detailed discussion took place on the current issues relating to Officiating JTOs.

1)  JTO LDCE Examination.

2)  SLP filed by the management in Honourable Supreme Court regarding FR22 1(A)1 case.

3)  Regularization of Officiating JTOs through one time Personal Up Gradation.

4)  All other issues relating to our Association.

Sri Manjunathan, Sri Ramakrishna, Sri Nandeeswar and Sri Ramachadra well organised the meeting. Central Executive body of JTO (O) Association conveys sincere thanks to Karnataka Telecom Circle members for their open hearted support till date and the support to be extended morally, physically and financially in the future course of action till the last man of our Officiating JTO got Regularization.

Tamilnadu Circle SSA coordinators meeting was held at Caddalore on 08-02-0213 under chairmanship of Sri Adam and Manikantan. All the issues relating to Officiating JTOs are discussed.

1)  FR22 1(A)1 case updation.

2)  JTO LDCE Examination.

3)  Regularization of Officiating JTOs through one time Personal Up Gradation.

4)  All other local issues.

Central Executive body of JTO (O) Association conveys sincere thanks to Tamilnadu Telecom Circle members for their open hearted support till date and the support to be extended morally, physically and financially in the future course of action till the last man of our Officiating JTO got Regularization.



The following programs are fixed tentatively.

08-02-2013 : Tamilnadu Circle Executive Committee Meeting at Caddalore.

09-02-2013 : Karnataka Circle Executive Committee Meeting at Bangalore.

17-02-2013 : AP Circle Executive  Committee Meeting at Hyderabad.     

 

If any changes in the program will be intimated. All the SSA coordinators are requested to attend the meeting without fail in their respective circles. All the State coordinators are requested to be in touch with central coordinator regarding latest developments and future programs.  

COCP1431/2008 case against  CMD and AGM (Pers) heard on today at Chandigarh High Court in Court Hall No-3 with Bench Sl.No. 202. BSNL advocates Sr. Advocate General and  Sri Anil Rathee explained the BSNL proceedings regarding LICE Exam and etc. Petitioners  Advocate Sri R.B. Malik again repeated the Supernumerary JTO posts creation and delaying the LICE Exam by the department , hence requested for time. BSNL advocates failed to explain the proceedings of department without effecting any ones promotion and Examination process for which COCP is pending. Honourable  Justice Mr. Rajesh Bindal agreed with the petitioners request, granted time and posted the case for next hearing on 06-05-2013 .

All the state coordinators are requested to be prepare for further necessary action for Regularization of all Officiating JTOs and about the LICE Exam.

SLP 4583/12  Case on FR22 1(A)1 heard today in Supreme Court of India in Court hall no 10 with item no 49. BSNL advocate Sri Pavan Kumar requested for 4 weeks time to submit another rejoinder. But our advocate Smt Rani Chabra raised objection for wantedly delaying the case by the BSNL authorities repeatedly. Honourable Judges Sri T.S.Thakur and Sri M.Y.Iqbal given 2 weeks time for submitting the rejoinder by the department. Date will be listed soon for final hearing.

 

COCP1431/2008 case will be heard on 23-01-2013 at Chandighar High Court. Our Central Coordinator approaching all the Union and Association leaders to pressurise the department for making sincere efforts to close the contempt case which was repeatedly shown by the department as Sub Judice / obstruction for the personal up gradation of officiating JTOs as Regular JTO.

17-1-2013: AIBSNLEA GS, FS met Director(EB/HR) and discussed:-

Regularization of offg. JTOs: We further requested to regularize offg. JTOs as one time measure as per the BSNL Board's decision to promote qualified TTAs on adhoc basis as JTOs but BSNL continued to issue only local officiating orders. Director(EB/HR) on the basis of our letter dated 02.01.2013 assured to re-examine the case at the earliest.

Our Central Coordinator Sri N.Kbirdas along with our delegates Sri Ramsai, Sri Shankar and Sri Kanakaraju of Hyderabad SSA met DGM (Admn), AGM (Admn), VO and SDE Staff AP Circle for perusal of Officiating list getting late every time with out any proper reason. Due to the technical problem in Vigilance clearance this list was late and DGM (Admn) assured to keep the Officiating list on 09-01-2013 at any cost. Finally at 1630 Hrs on 09-01-2013 AP JTO Officiating list was kept in AP Intranet expect Sri Krishnarao who was recently deputed to Elur from TRP SSA due to non receipt of Vigilance clearance

Our Respectful Homage to the departed leader Com.O.P.Gupta (Former Secretary general NFTE BSNL), who passes away. JTO (O) Association prays for the departed soul and extends its heartfelt condolences to the bereaved family.

AIBSNLEA GS WRITES TO DIRECTOR HR BSNL

No: AIBSNLEA/CHQ/Director(HR)/2012-13 Dated: 03.01.2013

To,

Shri A.N. Rai

Director (HR), BSNL

New Delhi-110001.

Subject:- Adhoc promotion of waiting qualified TTAs as JTOs - implementation in true sense - reg.

Ref:- BSNL Corporate Office letter no. 5-4/2004/Pers.IV dated May’13, 2004.

Respected Sir,

 

We would like to draw your kind attention to the above cited reference and subject matter wherein instructions were issued for Adhoc promotion of waiting qualified TTAs as JTOs, accordingly all the Circles sent the waiting qualified TTAs for JTO training and ordered for adhoc promotion of these trained and qualified TTAs against JTO vacancies and it is continuing since last 7-8 years in BSNL. As per DOP&T guidelines, the JTOs promoted on adhoc basis are eligible to be promoted as regular JTOs.

 

Also as per the above referred letter Para (iii) Select panel against 35% JTOs posts should be drawn from the trained pool. The official of the select panel should be imparted four weeks field training and thereafter should be appointed as regular JTOs as per standing instructions.

 

But as per these instructions the select panel against 35% JTO posts was not drawn and while framing new JTO RRs after formation of BSNL no protection is given to these trained and qualified TTAs working on adhoc basis as JTOs.

 

Now BSNL is holding JTO LICE without giving any protection to these trained and qualified TTAs who are working on adhoc basis as JTOs for the last 7-8 years which is gross injustice in violation of the above referred instructions.

 

We would, therefore, request you to kindly intervene in the matter so that above referred letter is implemented in its true sprit by preparing a select panel of trained and qualified TTAs of 35% JTO posts and they are appointed as regular JTOs immediately to avoid further litigations.

 

With kind regards,

Yours Sincerely,

-sd-

(PRAHLAD RAI)

General Secretary

Encls:A/A

Copy to:

(i) Shri R.K. Goyal, GM(Estt.), BSNL CO, New Delhi-110001