JTO(O) ASSOCIATION BSNL INDIA IS VERY MUCH THANKFULL TO SRI.PRAHALAD ROY,G.S,AIBSNLEA AND SRI R.VENKATRAMAN,NC MEMBER&PRESIDENT TEPU AND ALSO SRI SUBBURAMAN.NC MEMBER&GENERAL SECRETARY TEPU FOR THEIR COOPERATION GIVEN TO US.I AM HERE REPRODUCING THE LETTER GIVEN BY SRI.PRAHLADRAI,GS AIBSNLEA TO MANAGEMENT FOR YOUR INFORMATION
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To
Shri R K Upadhyaya,
The Chairman Cum Managing Director
BSNL
New Delhi.
Sub:- Case of regularization of qualified and trained TTAs now officiating as JTOs.
Ref:- 1)No. AIBSNLEA/CHQ/CMD/2010dt.17-2-2010.
2) No. AIBSNLEA/CHQ/CMD/2010 dt 23-4-2010.
3) No. AIBSNLEA/CHQ/CMD/2010 dt 9-8-2010
4) No. AIBSNLEA/CHQ/CMD/2010 dt.25-5-2011.
In continuation of our letters cited above under reference, it is constraint to bring to your kind notice that the issue regularisation of qualified and trained TTAs now officiating as JTOs not been settled. The qualified and trained TTAs officiating as JTOs in various circles continuously for the past several years These officials stand qualified as JTOs, passing the Screening Test conducted in the year 1999/2000 under JTO Recruitment Rule 1996. No protection was given in the JTO Recruitment Rules-2001, to accommodate TTAs who have already qualified in accordance with the previous RR. A good number of officials qualified as per JTO RR –1996 were given the required pre-appointment training and they are now officiating in the cadre of JTO in various parts of the country for the past six or more years without getting regularized as JTOs,only because of the administrative lapses on the part of BSNL.
They are presently officiating as JTO since the year 2005 after completing the training to the post JTO. These officials are being denied the regular promotion for last 10 years. The total of such qualified officials were approximately 6000.Out of this,3500 were regularized by
diverting vacancies from unfilled DR quota initially and by creating equal number of supernumerary posts later, based on an order passed by the Hon’ble High Court at Chandigarh). Another 2500 are still in wait list. The officials are on wait list for last 10 years.The present situation and fate of these Officiating JTOs,consequent to the orders of Hon.
High Court of Punjab & Hariyana in CWP No.5608 / 2007 and the stand of BSNL management thereafter.(It is to be noted that, the court did not allow the petitioner’s prayer “ to quash the waiting list of 3338 candidates for promotion as JTOs against 35% quota prepared in pursuance of the screening test held on 23-4-2000.” The court also did not consider the petitioners second prayer for issuing a writ of mandamus directing the BSNL to hold the departmental Competitive examination for promotion as JTO afresh) .
But, the above said writ petition was disposed of with a direction to BSNL to “restore the posts already diverted from direct recruitment quota to 35% departmental quota, as
stated by BSNL in its written statement submitted in the court.”Pursuant to the court order, the management committee of BSNL Board immediately rediverted the 3500 JTO posts back to DR quota and ordered to stop further diversion. Also
ordered creation of 3500 supernumerary posts of JTOs to adjust those officials who have already been promoted, as a special measure. The fate of remaining 2500 officials who are
equally qualified and eligible for posting as JTOs , is not clarified or mentioned by the management committee of BSNL Board so far.Vide, item No.3- decision of the Management committee( No.3-9/2007-pers-IV dated 11-11-2008 of Corporate Office) , BSNL wants to ensure that the promotional aspects of those officials who are eligible for consideration under the Recruitment rules of JTOs-2001 are not diminished in any manner. The Company is very much concerned about this group (Petitioners of the said CWP). But the fate of those eligible for consideration under the Recruitment Rule-1996, is not discussed anywhere.We have apprehension that, the BSNL authorities could not properly contest the above Civil Writ Petition in the High Court of Punjab and Haryana in the true interest of the Company. A good number of TTAs were qualified in the screening test conducted in April 2000, under the JTO Recruitment Rule 1996. This was the first and only one such test conducted under JTO RR –1996. This is the only channel of promotion extended to TTAs under the 1996 RR. There exists a policy decision of the Management committee of BSNL Board held on 30-3-2001 for diverting sufficient posts of JTOs from 11326 numbers of unfilled DR quota prior to year 2000 to the 35% departmental quota for absorbing those who qualified as per 1996 RR. This was based on the settlement arrived at between the recognized trade unions and the company. It is an admitted fact that, the petitioners of the said CWP No.5608 / 2007 have no
entitlement for the diverted DR posts which remained unfilled between 1996 and 1999. It is also to be noted that, no time- frame was stipulated by any body to restore the diverted posts.
These facts were not properly brought to the notice of the Hon. High Court by the company and hence the Writ petition was disposed of with an order which only did harm to those qualified TTAs/ officiating JTOs waiting for regular JTO posting as per 1996 RR. Even the original petitioners are not benefited, apart from the fact that certain hurdles could be created unnecessarily.
In this context, we earnestly demanded that a detailed inquiry should be conducted to investigate whether any sort of collusion at any stage occurred in the matter of handling of this court case. We have reasons to believe that, an inert attitude/ colluding activities on the part of some higher level officers in BSNL might have resulted in the failure of BSNL ’s case in the High Court of Punjab & Haryana. Three writ petitions on the same matter (similar cases) with the same prayers, filed by staff in Kerala state, were dismissed by the Hon. High Court of Kerala. We also demand to bestow all efforts to give posting to all qualified candidates, the majority of whom are doing the job of JTOs in the officiating capacity for the last several years.
However, a communication has been issued from the corporate office by the AGM (Pers-IV) vide letter No.3-9/2007/Pers-IV(Pt) dated 26-3-2010, which states that, the case is linked with RA No.148/2009 in CWP No.5608/2007 in High Court of Punjab and Haryana and the matter is sub-judice and no action can be taken in this regard.Immediately we informed BSNL that, the contents of the above letter issued by the AGM
(Pers-IV) was incorrect and misguiding with regard to the matter of one-time up-gradation of qualified TTAs as JTOs. No court of law has ever issued any order barring BSNL from upgradation of posts or amendment of RRs etc. The Suggestions put forward by this Association and the trade union, BSNLEU, in the matter of regularization, were not against standing orders of any of the court of law in the country and the question of sub-judice does not arise , as
nobody has challenged these suggestions in court of law. Once the matter is settled amicably,all the pending court cases will become in fructuous and will be withdrawn automatically.
If at all, any contempt of court petition remains pending in the court of law against CMD of BSNL in this matter, it is a result of colluding activities already done by certain
group of officers in his own office having vested interests for obvious reasons . This is a matter that needs investigation by a top / independent vigilance group and the culprits in side should be booked. If the officers concerned in the corporate office had handled the case properly and judiciously by projecting the true interest of the company without favoring a particular influenced group, the question of a contempt of court against CMD would not have arisen on this account.
Hence we demands in this matter as follows:-
1) Do the immediate needful to settle the matter amicably.
2) Now the contempt of court case pending in the High court of Hariyana, against BSNL, is unnecessarily got postponed and dragged like any thing by the BSNL itself in collusion with the vested interest groups (opposite party) only to delay and deny justice to the qualified and officiating JTOs. (We are sure that the BSNL management can very well close this case immediately, by properly presenting
it’s legally valid stand that, it has got all powers to amend RR or to create supernumerary posts or to upgrade any number of posts as per requirement. It appears that, instead of upholding its powers, the company shows a tendency to
yield unnecessarily before the illogical claims of a vested group as per a predesigned scenario prepared by somebody and thereby torpedo the legitimate and genuine demands raised by this association.).
3) Do away with the present inert attitude of the Company in the matter of regularization of qualified TTAs as JTOs. and complete the process in a time bound manner.
4) Convene a meeting of all concerned at appropriate level to arrive at a logical/ workable solution., either by amending the RR or by one time up-gradation of posts.
5) Do not permit anybody to manipulate things in favor of some vested interest groups.
6) Do not conduct any further promotion tests of any kind from Gr-C to JTO till all the qualified and trained group, officiating as JTOs for the past several years are
fully regularized.
7) The suggestion given by us is economically viable as the up-gradation does not involve additional expenditure.
We therefore request you to kindly intervene in the matter and protect the future of 2500 qualified and officiating JTOs who have already proved their competency.
Thanking you,
Yours Sincerely,
-sd-
(Prahlad Rai)
General Secretary
Copy to: The Director (HR), BSNL, New Delhi
