GS discussed with GM (Estt), BSNL CO regarding
modification in the JTO (T) RR – 2001:Our queries on seniority
fixation of officiating JTOs in new RRs was replied that officiating JTOs will
be regularized against JTOs 2012-13 vacancies and their date of joining in the
cadre will be the criteria of fixing their seniority as per DO P&T OM dated
03.03.2008. Similarly, the JTOs qualified through LICE, seniority will also be
decided as per DO P&T OM dated 03.03.2008, but the seniority of TTAs
appeared against the vacancies of 2001-02, 2002-03, 2004-05…. upto 2011-12 will
be fixed-up on the basis of year of Rectt. and the marks obtained in the
training centers. All the qualified JTOs are compulsorily to undergo JTO
training. He further mentioned that the views/suggestion in this regard has
already been asked from all the unions/associations to avoid litigations. To
further legal problems, he assured an early action in this regard.
2014/01/21
2014/01/20
Emergency Meetings of Hyderabad SSA and AP Circle
Emergency meeting of HYDERABD SSA Officiating
JTOs will be held on 20-01-2014 at BSNL Bhavan Hyderabad at 1700 Hrs. All are requested to attend the
meeting without fail to give valuable suggestions for Regularization (JTO RR
2014) and FR 22(1)a(1) please.
Emergency meeting of AP SSA Coordinators and
active members will be held on
23-01-2014 at ONGOLE at 10:30 AM. All
are requested to make arrangements to attend the meeting without fail to give
valuable suggestions for Regularization ( JTO RR 2014) and FR 22(1)a(1) please.
2014/01/18
Central Coordinator's
Appeal.
First
stage
All the Officiating
JTOs after going through the Draft kept in our Blog please send your
comments/views to Central Coordinator in the following points.
1) Whether we accept and take Regularization from
the carry forwarded vacancies in prospective date.
OR
2) Fight Legally.
Please send SMS on
mobile 09490286474 or Mail on kdashyd@gmail.com
with your name, SSA, Circle.
Second
stage
After going through
the draft in our Blog all the State Coordinators are requested to conduct
meeting at their respective places and debate with your circle members for
giving opinion on the draft. After the completion of this, our Central
Coordinator is going to call State coordinators to give appeal to the
Unions/Associations for some modifications in favor of us in their
comments/Views.
All of the above two tasks are to be completed by 2 or 3 days only. Because the Unions /Associations have to submit their comments by 27-01-2014.
2014/01/17
2014/01/15
2014/01/11
Association delegates Delhi Tour details
Regarding Regularization Issue.
Our
delegation Sri N.Kabeerdas and Sri U.Kanakaraju met Sri R.K.Upadhyaya CMD BSNL
and wished New Year greetings and discussed about Regularization of Officiating
JTOs. He told that the process is already started and let us hope it will be
completed shortly. Our delegation also met Director HR Sri A.N.Rai, GM Legal
Sri Panth and GM SR Sri Neeraj Verma conveyed New Year Wishes and discussed
about our issue, they responded positively.
Our
delegation also met GM Est. Sri R.K.Goyal conveyed our New Year wishes and held
detailed discussion. Some of the discussed points are given below regarding
committee report, Relaxation in JTO RR 2001 for Regularization of Officiating
JTOs.
1)
Up to now for JTO
Recruitment was done by 50% from outside quota and 50% from internal quota (35%
for TTAs and 15% for Group ‘C’ eligible). By amending JTO RR 2001 from here
after they are going to recruit JTOs 50% from outside as usual and by merging
the 35% and 15% Internal quota as 50%.
2)
The Internal vacancies
may be filled with LICE qualified
candidates and the remaining vacancies will be carry forwarded. From
these carry forwarded vacancies all the 2nd Screening Test qualified,
Trained TTAs and Officiating JTOs may be given one time Regularization and
remaining vacancies will be carry forwarded for the Next LICE Examination.
3)
The Regularization of 2nd
Screening Test qualified, Trained TTAs and Officiating JTOs will be done
prospective only.
4)
For Mechanical Diploma
Holders the eligibility will be given only
Two chances after the amendment.
5)
The Committee detailed
draft may be kept in Corporate Intranet by Monday or Tuesday for vide
publicity, comments and views from Unions and Associations.
6)
After the completion of
the above task this will be sent to Management Committee and BSNL Board for
Approval. Then the Regularization orders will be issued.
7)
As per GM Est. version
there are many court cases pending at different Circles for regularization /
Supernumerary posts and Reserve of
vacancies etc. It is also indicated that before giving Regularization the BSNL
Board may ask clearance from court cases and also opt for undertaking.
The
delegation went to Dadagosh Bhavan to meet Sri Abhimanyu GS BSNLEU and Sri V.A.N.
Namboodri President BSNLEU, but due to their tour program we could not meet
these Two Leaders. Next the delegation
met Sri Prhlad Rai GS AIBSNLEA, Sri Sebastian GS SNEA, Sri Rudrapal
Sharma GS BSNLOA, Sri Chandeswar Sing GS
NFTE, Sri Islam Ahmed President NFTE, Sri Suresh Kumar BSNLMS conveyed our New
Year Wishes and held detailed discussion regarding Regularization of
Officiating JTOs and early submission of comments and views on Committee Report
in favor of Officiating JTOs.
Regarding FR 22 (1)a(1)
As per
the GM Est., AGM Pers. IV, and SDE Pers. Version for implementation of FR
22(1)a(1) the orders are already circulated to all the Circle heads, the
contempt case CP 515/2013 of OA
1282/2010 BSNLOA Vs CMD BSNL may be withdrawn immediately. We discussed
regarding Para 2 of the order “ It is hereby clarified that the relief sought
by the applicants be granted from the date they become eligible for pay
fixation and not from the date of order of Hon’ble PCAT New Delhi in
OA1282/2010 (i.e. 12-08-2010).” We have asked in place of applicants it should
be Officiating JTOs. But BSNL Management did not agree and the same order will
be implemented.
Immediately
we met Smt Rani Chabra our Advocate on 8th regarding modification in
the order and implementation for all the officiating JTOs as per “When Executive instruction contrary to the
statutory rules having been declared inoperative until null and void by one
bench of Tribunal, similarly situated employees are also entitled to same
benefit”.
On 9th
Sri N.kabeerdas Central Coordinator, Sri U.Kanakaraju from AP and Sri
Srivathsava from UP attended the court. Our case is listed as Sl.No.9 in Court
Hall No. 2. The case was held, the BSNL Advocate did not turned up due to ill
health and our Advocate taken pass on even though the case was posted to Feb 12th
2014. After the court we met Smt Rani Chabra in her Chamber and asked to get the directions for FR 22(1)a(1) to be implemented
to all the Officiating JTOs and some more points.
Central Coordinator's Appeal.
First
stage
All the
Officiating JTOs after going through the Draft kept in Corporate Intranet
please send your comments/views to Central Coordinator in the following points.
1)
Whether we accept and
take Regularization from the carry forwarded vacancies in prospective date.
OR
2)
Fight Legally.
Second
stage
After
going through the draft in Intranet all the State Coordinators are requested to
conduct meeting at their respective places and debate with your circle members for
giving opinion on the draft. After the completion of this, our Central
Coordinator is going to call State coordinators to give appeal to the
Unions/Associations for some modifications
in favor of us in their comments/Views.
2014/01/04
Central Coordinator appeal
Central Coordinator requested to all the Officiating JTOs please do not be panic and confuse on the order given by the corporate office. We will not leave the case till all the Officiating JTOs throughout India get this benefit from 2005 (i.e. from the date of Officiating). For this reason our Central Coordinator is rushing to Delhi to discuss with the Management and our Legal Consultant. On 09-01-2014 contempt case is listed for hearing.
With the support of all the Officiating JTOs only we reached up to this position. We convey our sincere thanks to each member who are supporting financially, morally and physically. All the State Coordinators and SSA Coordinators are requested to explain to each member about the current position and necessity of collecting Legal Fund at this final juncture. All State Coordinators are requested to support CHQ financially as early as possible to meet the expenditures in future course of action. For any clarification Pl contact Central Coordinator and act positively.
PCAT order on Pay Fixation on 26-08-2010
Central Administrative Tribunal
Principal Bench
OA 1282/2010
New Delhi, this the 26th day of August, 2010
Hon ble Mr. Justice V.K. Bali, Chairman
Hon ble Mr. L.K. Joshi, Vice Chairman (A)
1. BSNL Officers Association (Regd)
Through its President Rudrapal Sharma,
O/o T-15, Atul Grove Road,
New Delhi 110 001.
2. N. Kabir Das s/o Late N. Narayana,
O/o SDOPI CMR, Charminar,
Hyderabad 500 002. Applicants
(By Advocate: Mrs. Rani Chhabra)
Versus
1. BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
2. Chairman-cum-Managing Director,
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi.
3. Assistant General Manager (Personnel)
BSNL (a Government of India Enterprises)
Corporate Office, Personnel Branch,
5th Floor, Bharat Sanchar Bhawan,
Janpath, New Delhi. Respondents.
(By Advocate: Mr. Sameer Aggarwal)
ORDER (ORAL)
Justice V.K. Bali, Chairman:
BSNL Officers Association (Regd) and Mr. N. Kabir Das have filed this Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking to quash order No.3-2/2009-Pers-IV dated 05.01.2010, and consequent on setting aside the order aforesaid to direct the respondents to extend the same benefits of fixation of pay and allowances under Rule 22 (1)(ia) of the Fundamental Rules to the Members of the applicant-Association as admissible to JTOs, as they have been officiating on the said posts for the last more than five years.
2. Inasmuch as, present matter is covered in favour of the applicants by the decision of Ernakulam Bench of this Tribunal in the matter of M.V. Salilakumar & Ors. V/s. The Chairman & Managing Director & Ors., (TA No.84/2008 and other connected TAs decided on 15.07.2009), there will be no need to give facts in detail.
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.
(L.K. Joshi) (V.K. Bali)
Vice Chairman (A) Chairman
/naresh
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