2013/04/04

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.

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
                                                                                                E-mail: rani_chhabra@rediff mail.com                Phone : 4310872

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. 

2013/04/03

Continuous perusal of our GS with Sri Prahlad Rai and with the BSNL Management Kerala  Circle issued Officiating orders. JTO (O) A BSNL INDIA conveys our sincere thanks to Sri Prahlad Rai GS AIBSNLEA.
Our General Secretary continuously perusing with the BSNL Management and with the Sri Prahlad Rai AIBSNLEA GS regarding our FR22 (1) a (1) issue, withdrawal of Local Officiating arrangement of JTOs and Regularization of Officiating JTOs through Personal Up Gradation.

JTO (O) A BSNL INDIA conveys Best Wishes to all the Delegates/Guests participating in the AIBSNLEA CWC Meeting at Guwahati to be held on 5th & 6th April'2013.

FROM AIBSNLEA SITE

AIBSNLEA GS, President, AGS(F),  Auditor(CHQ) met Director(EB/HR), BSNL Board and confirmed his programme to attend CWC Meet at Guwahati and discussed:-
(a)  Withdrawal of officiating arrangement of offg. JTOs in Kerala Telecom Circle: We expressed our serious concern against withdrawal of local offg. arrangements of offg. JTOs in Kerala Telecom Circle. Director(EB/HR) asked Sr. GM(Pers.) to speak with CGMT Kerala Telecom Circle not to withdraw local offg. arrangement of offg. JTOs. He clarified that the Pers. Cell order is limited to SDE and above levels officiating arrangements. Accordingly Sr. GM(Pers.) spoke to CGMT Kerala Circle not to withdraw local offg. arrangement of offg. JTOs.

2013/03/28

Karnataka WP 34783 case status


High Court of Karnataka
Query on Case Number



Select Bench
  Case No.  
  Case Year.
 



High Court of Karnataka - Principal Bench at Bangalore
WP 34783/2009
CASE PENDING

Respondent/Defnt. Name
Petnr./Appnt. Advocate
Respnt./Defnt. Advocate
Date Filed
Classification:   
District

   Please Note down the Group No :
Stage
 Last Posted for
Last Action Taken
    Last Date of Action    Next hearing date
Latest Order:
NEXT WEEK
Before Hon'ble Judge/s


Lower Court Details [Appeal from below case.]
Case No
Court name
Disposal Dt
E 63/2006
OTHERS
03/10/2006

Details of the Daily Order
(Click on date of order to get full order)
Sl.No.
Honble Judge
Date of Order
1
HONBLE NKJ & ANJ



2013/03/26

2013/03/23

Today Our Central Coordinator along with Sri J.Saibaba AIBSNLEA AP Circle Secretary  met AIBSNL GS Sri Prahlad Rai at Hyderabad and discussed the following issues and latest developments.                                         .

1)
FR22 (1)a(1) Implementation.
2) LDCE Examination before Regularization of O JTOs.
3) Regularization through Personal Up gradation.

Today evening at 1630 Hrs all Officiating JTOs in Hyderabad are going to meet Sri Prahlad Rai at Vasavi Club, Saifabad.

2013/03/22

AIBSNLEA GS MET Director (HR) and submitted the proposals

 No. AIBSNLEA/CHQ/Dir(HR)/2013 Dated:20.13.2013

 

To

Sh. A.N. Rai

Director (HR), BSNL Board

New Delhi-110001

 

    Sub:- Regularization of all qualified officiating JTOs by a one- time personal up-gradation-

              Urgent step to be taken before conducting the ensuing JTO LICE

   Ref:- Our latest letter No. AIBSNLEA/CHQ/CMD/2013 dated 25-02-2013 addressed to  the   CMD, BSNL on the above subject.

 

Sir,

Kindly refer to your letter dated 25-2-2013 cited above addressed to the CMD with reference to a series of correspondences already made by the association demanding regularization of all qualified officiating JTOs by a one-time personal up-gradation. We have placed the following suggestion/ demand before the competent authority to protect the interest of the affected group of officiating JTOs, in view of the JTO-LICE declared to be conducted before a proper settlement of their genuine issues. Our request as quoted from the letter dated 25-2-2013 reads as follows:-

(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.”

 

We would therefore request you to kindly take necessary action as suggested above to

protect the interest of 2500 JTOs(Offg.) and also the BSNL’s interest.

With kind regards,

 

Yours Sincerely,

-sd-

(Prahlad Rai)

General Secretary

Copy to:

2013/03/20

Emergency Central Executive Committee Meeting was held on 19-03-2013 at T-15,Atul Grove Road, New Delhi. The following points were discussed.
1)  LDCE for JTO.
2)  FR22 (1)a(1).
3)  Regularization through personal up gradation.
The next meeting will be intimated shortly. Our Central Coordinator along with some state coordinators met Sri Abhimanyu, Sri Suresh Kumar and Sri R.Venkataraman and discussed the latest developments regarding our issues.

2013/03/18

All the State Coordinators are requested to attend the Emergency Central Executive Committee Meeting on 19-03-2013 at New Delhi without fail to discuss about the latest developments and future course of action.

Our Central Coordinator nominated as Referee for Valley Ball Tournament and met CMD after the completion of  All India Valley Ball Tournament at Shimla. He discussed with CMD about our Regularization issue. CMD said to come and meet in Delhi for further discussion.
We request all our Officiating JTOs in MH Circle and rest of India should open heartedly support the agitation program given by MH Circle.

We also request all the Unions and Associations to support the Agitation for Regularization of Officiating JTOs through Personal Up Gradation.

S. W. PARNERKAR. Circle coordinator MHT Circle, Nashik served notice for agitational program on behalf of Officiating JTOs




Thanks for successful participation of wearing Black Badges program.

2013/03/16

The Karnataka WP 34783/2009 case may probably be heard on next Thursday ie. 21-03-2013 because the service matters may be taken up in Karnataka Principal Bench on Thursday and Friday only.  
All the Officiating JTOs are requested to wear Black Badges today and make it grand success to protest against the prolonged delay by the BSNL Management for Regularization of Officiating JTOs through Personal Up Gradation.



All the State  Coordinators are requested to please confirm your journey to Delhi for participating in Emergency Central Executive Committee Meeting on 19-03-2013.

2013/03/15

KARNATAKA WP 34783/2009 CASE STATUS


High Court of Karnataka
Query on Case Number


Select Bench
  Case No.  
  Case Year.
 


High Court of Karnataka - Principal Bench at Bangalore
WP 34783/2009
CASE PENDING

Respondent/Defnt. Name
Petnr./Appnt. Advocate
Respnt./Defnt. Advocate
Date Filed
Classification:   
District

   Please Note down the Group No :
Stage
 Last Posted for
Last Action Taken
    Last Date of Action    Next hearing date
Latest Order:
NEXT WEEK
Before Hon'ble Judge/s


Lower Court Details [Appeal from below case.]
Case No
Court name
Disposal Dt
E 63/2006
OTHERS
03/10/2006

Details of the Daily Order
(Click on date of order to get full order)
Sl.No.
Honble Judge
Date of Order
1
HONBLE NKJ & ANJ



2013/03/14

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.

2013/03/13




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.

2013/03/11

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.

2013/03/08

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.

2013/03/04

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.

2013/03/02

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

2013/03/01

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 .