Contempt case in JTO to SDE promotion at Ernakulam:

The appeal filed by BSNL at Hon Ernakulam High court against the contempt proceedings was heard on 15.02.2019 and listed after 6 weeks. The stay on contempt proceedings in CAT, Ernakulam also extended for 6 weeks.

The review petition filed by BSNL against the Hon High Court order dated 05.06.2018 is listed for hearing on 25.03.2019. 

Beware of the mal-propaganda by the so called saviours of DRs and BRs, just for the sake of luring membership.

It has come to the notice of CHQ that lot of mal-propaganda unleashed by the sections about JTO to SDE promotions, who are directly responsible for the mess in JTO to SDE promotions, creating innumerable obstacles from 2007 onwards in the form of court cases. When they miserably failed in other fronts, they resorted to court cases which ultimately hit the career of thousands of seniors, juniors, young and old JTOs. Thousands lost their lifetime dream of a promotion as SDE before their retirement and thousands lost their precious service as SDE which will delay all their future promotions.

They attribute each and everything which is not settled so far like E2/E3 scales, pay parity, 3rd PRC, promotion for the remaining Executives, ---- etc as failure of SNEA, without doing anything.

Conveniently, they will not even mention about the issues settled by SNEA like a) contribution towards growth related issues of BSNL, b) E1A and E2A pay scales for all in 2002 without discrimination, c) EPF full pension without the ceiling of Rs 6500, d) EPP 2007, d) BSNLMS RR 2009, e) SCF and LDCE promotions in various cadres, f) LDCE Exam for JTO to SDE promotion made objective type and very transparent, g) settlement of pay anomaly of 2005 batch, h) no MT, i) amendment in BSNLMS RR for changing the quota from 50% to 75%, j) JTO RR amendment, k) E2/E3 scales approval by BSNL, l) 5% contribution on SAB, m) CPSU Cadre Hierarchy approval, n) more than 13,500 promotions this year, o) GTI, etc. Rather, they will try to take credit for everything settled.

Their ideology is very simple: “DO NOTHING, TAKE CREDIT FOR EVERYTHING”.

This is compelling SNEA to explain the Executives about the negative role played by the so called well wishers of DRs and BRs for the last few years, especially in JTO to SDE promotion. The present mal-propaganda is simply to confuse the JTOs for the sake of membership.

How they intentionally stopped the promotions through court cases?

Let us see what the so called saviors of DRs done for the JTO cadre? (changed DRs to BRs sometime back and now again changed to all Executives. After 17 years, they realized that all the Executives in BSNL are BRs and they are not untouchables)

I. In 2007, LDCE from JTO to SDE notified for the vacancies upto 2004-05. Due to the efforts of SNEA, 2005-06 vacancy year also got included for which 2001 rect JTOs are eligible. The same section filed court cases in different CATs for stalling the LDCE but could not succeed fully due to the efforts of SNEA. After some delay, SNEA ensured conduction of LDCE and promotion orders issued in November, 2008 and about 900 JTOs of 2001 rect itself passed the LDCE.

II. In 2010, two court cases filed at CAT, Chennai with the following prayers:

a) 1:1 interpolation between Dept promote JTOs of 1995 batch and DR JTOs of 2001 batch and so on.

b) Instead of training centre marks, date of joining should be the criteria to decide the inter-se seniority.

c) Reservation roster is not followed.

Both the cases dismissed by the Hon CAT after 3 years, a big ACHIEVEMENT!

During the interim period, promotion orders issued on 30.03.2011 for the vacancies upto 2008-09 and part of 1995 rect JTOs got promotion. After few weeks, the promotion orders stayed which continued till July, 2013.

III. Immediately after that, cases filed at CAT, Ernakulam with the same prayers (first two prayers) which are dismissed by the Chennai CAT. Meantime, EKM CAT stayed operation of the AIEL for the promotion.

Subsequent AIEL could not prepare due to court cases. However by 2014, the AIEL for the JTOs upto 2001 recruitment year prepared and published for the vacancies of 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14.

If the stay orders are not issued by Ernakulam CAT, all the vacancies upto 2013-14 would have filled and promotions orders would have issued in 2014 itself for the JTOs upto 2001 year.

The LDCE also could have conducted parallally for all the vacancy years.

Hon CAT dismissed the petitions on both grounds!

IV. Another court case filed challenging the excess promotion of the JTOs working in supernumerary posts. All the three court cases at CAT and High Court continued till the judgment on 05.06.2018.

All the three prayers rejected by Hon HC, inter-se seniority quashed for DRs and excess promotes and directed to fix the inter-se seniority of Direct rect and excess promotes by date of appointment/promotion. Hon HC did not disturb the inter-se seniority of the promotees recruited within their quota.

In the meantime more than 3,000 JTOs in the AIEL retired without getting a single promotion, another achievement for them!

The promotion order for the remaining JTOs upto 1999 rect year (part) issued on 15.06.2018 for the 2009-10 and 2010-11 vacancy year. The promotion for the JTOs of remaining rect years from 2001 onwards held up due to quashing of seniority on the Direct Rect JTOs by the High Court.

If there was no court cases, all JTOs including 2008 and part of 2012 rect year would have become SDEs from the years 2014 onwards through SCF or LDCE, in the years 2014, 2015, 2016, 2017 and 2018.

They did not played the same game of court cases in the case of JAO to AO promotion. So, all the JAOs upto 2012 rect also got the promotion as AO. See the difference!

Now also they are trying to delay the JTO to SDE promotions by fighting with the management in the court, in the name of contempt petition. All these are done mainly by some SDEs through remote control who are not going to lose anything as they got the promotion and seniority.

Beware of the mal-propaganda by the so called saviours of DRs and BRs, just for the sake of luring membership.

It has come to the notice of CHQ that lot of mal-propaganda unleashed by the sections about JTO to SDE promotions, who are directly responsible for the mess in JTO to SDE promotions, creating innumerable obstacles from 2007 onwards in the form of court cases. When they miserably failed in other fronts, they resorted to court cases which ultimately hit the career of thousands of seniors, juniors, young and old JTOs. Thousands lost their lifetime dream of a promotion as SDE before their retirement and thousands lost their precious service as SDE which will delay all their future promotions.

They attribute each and everything which is not settled so far like E2/E3 scales, pay parity, 3rd PRC, promotion for the remaining Executives, ---- etc as failure of SNEA, without doing anything.

Conveniently, they will not even mention about the issues settled by SNEA like a) contribution towards growth related issues of BSNL, b) E1A and E2A pay scales for all in 2002 without discrimination, c) EPF full pension without the ceiling of Rs 6500, d) EPP 2007, d) BSNLMS RR 2009, e) SCF and LDCE promotions in various cadres, f) LDCE Exam for JTO to SDE promotion made objective type and very transparent, g) settlement of pay anomaly of 2005 batch, h) no MT, i) amendment in BSNLMS RR for changing the quota from 50% to 75%, j) JTO RR amendment, k) E2/E3 scales approval by BSNL, l) 5% contribution on SAB, m) CPSU Cadre Hierarchy approval, n) more than 13,500 promotions this year, o) GTI, etc. Rather, they will try to take credit for everything settled.

Their ideology is very simple: “DO NOTHING, TAKE CREDIT FOR EVERYTHING”.

This is compelling SNEA to explain the Executives about the negative role played by the so called well wishers of DRs and BRs for the last few years, especially in JTO to SDE promotion. The present mal-propaganda is simply to confuse the JTOs for the sake of membership.

How they stopped the promotions through court cases?

Let us see what the so called saviors of DRs done for the JTO cadre? (changed DRs to BRs sometime back and now again changed to all Executives. After 17 years, they realized that all the Executives in BSNL are BRs and they are not untouchables)

I. In 2007, LDCE from JTO to SDE notified for the vacancies upto 2004-05. Due to the efforts of SNEA, 2005-06 vacancy year also got included for which 2001 rect JTOs are eligible. The same section filed court cases in different CATs for stalling the LDCE but could not succeed fully due to the efforts of SNEA. After some delay, SNEA ensured conduction of LDCE and promotion orders issued in November, 2008 and about 900 JTOs of 2001 rect itself passed the LDCE.

II. In 2010, two court cases filed at CAT, Chennai with the following prayers:

a) 1:1 interpolation between Dept promote JTOs of 1995 batch and DR JTOs of 2001 batch and so on.

b) Instead of training centre marks, date of joining should be the criteria to decide the inter-se seniority.

c) Reservation roster is not followed.

Both the cases dismissed by the Hon CAT after 3 years, a big ACHIEVEMENT!

During the interim period, promotion orders issued on 30.03.2011 for the vacancies upto 2008-09 and part of 1995 rect JTOs got promotion. After few weeks, the promotion orders stayed which continued till July, 2013.

III. Immediately after that, cases filed at CAT, Ernakulam with the same prayers (first two prayers) which are dismissed by the Chennai CAT. Meantime, EKM CAT stayed operation of the AIEL for the promotion.

Subsequent AIEL could not prepare due to court cases. However by 2014, the AIEL for the JTOs upto 2001 recruitment year prepared and published for the vacancies of 2009-10, 2010-11, 2011-12, 2012-13 and 2013-14.

If the stay orders are not issued by Ernakulam CAT, all the vacancies upto 2013-14 would have filled and promotions orders would have issued in 2014 itself for the JTOs upto 2001 year.

The LDCE also could have conducted parallally for all the vacancy years.

Hon CAT dismissed the petitions on both grounds!

IV. Another court case filed challenging the excess promotion of the JTOs working in supernumerary posts. All the three court cases at CAT and High Court continued till the judgment on 05.06.2018.

All the three prayers rejected by Hon HC, inter-se seniority quashed for DRs and excess promotes and directed to fix the inter-se seniority of Direct rect and excess promotes by date of appointment/promotion. Hon HC did not disturb the inter-se seniority of the promotees recruited within their quota.

In the meantime more than 3,000 JTOs in the AIEL retired without getting a single promotion, another achievement for them!

The promotion order for the remaining JTOs upto 1999 rect year (part) issued on 15.06.2018 for the 2009-10 and 2010-11 vacancy year. The promotion for the JTOs of remaining rect years from 2001 onwards held up due to quashing of seniority on the Direct Rect JTOs by the High Court.

If there was no court cases, all JTOs including 2008 and part of 2012 rect year would have become SDEs from the years 2014 onwards through SCF or LDCE, in the years 2014, 2015, 2016, 2017 and 2018.

They did not played the same game of court cases in the case of JAO to AO promotion. So, all the JAOs upto 2012 rect also got the promotion as AO. See the difference!

Now also they are trying to delay the JTO to SDE promotions by fighting with the management in the court, in the name of contempt petition. All these are done mainly by some SDEs through remote control who are not going to lose anything as they got the promotion and seniority.

Status of court cases:

JTO to SDE contempt case – The case came up for hearing on 03.12.2018. BSNL sought exemption from personal appearance which court allowed upto 18.12.18. CAT directed BSNL to file reply by 18.12.2018 and the case posted to 18.12.2018.

JTO to SDE promotion --- Review petition in the Hon High Court, Kerala: The review petition is expected this week end.

DE to DGM promotion: The MA filed by BSNL for vacation of stay on DGM promotion was listed for hearing on 15.10.2018 at Hon CAT, Chandigarh. Due to paucity of time, MA postponed to 29.10.2018. On 29.10.2018, it will be heard along with the main OA, Hon Court told.

Appeal in the Hon Delhi High court on additional increment on post based promotion as per EPP: The appeal filed by DoT in the Hon Delhi HC against the Hon PCAT judgment quashing the DoT order dated 05.07.2017, rescinding the EPP provision for additional increment on post based promotion in the same pay scale was listed for hearing on 16.10.2018. Due to paucity of time, it is listed to Feb, 2019. 

The contempt petition filed by SNEA and others against the deployment of ITS officers was listed on 25.07.2018 before Hon Justice Siddharth Mridul at the Delhi High Court. Mr. Rajshekhar Rao appeared on behalf of the Petitioners.

Hon HC heard the case for considerable time. The Hon Judge while keeping in mind the decision passed by the High Court, observed that there was a practical difficulty in placing the ITS officers in DOT and was inclined to adjourn the same on the ground of no urgency. Thereafter, Mr. Rao requested the Court to hear the Petition filed by BSNL employees in as much as they were directly aggrieved by the contumacious conduct of the Respondents. Mr. Rao relied upon the DOT Memorandums and the subsequent decisions passed by the High Court, where time and again the Courts have denied the proposals given by DOT as was sought to be done by way of the Impunged Orders. On this, the Hon Judge orally observed that in so far as the BSNL employees are concerned, DOT ought to consider the grievance of the BSNL employees and has renotified the matter on 25.10.2018. Hon HC directed DoT to submit the plan for deployment of ITS officers in different ministries by 4 weeks time. Hon Court observed that deployment of ITS officers in BSNL is nothing but deputation and it is against the HC order.

The contempt of Court case at Ernakulam on JTO to SDE promotion:

CMD/BSNL and GM(Pers) (Respondent 1 and 2) shall appear before the Court in person on 27.08.2018.

In fact the contempt petition initiated on the plea that excess promotions done during 1996 to 1999 and their name is also included in the AIEL published on 14.06.2018. Surprisingly the applicant could not name a single JTO promoted in excess between 1996 to 1999 but simply go through the wording in the HC order on excess promotions. The excess promotion happened between 2001 to 2007 by diversion of quota which was quashed by Hon CAT, Chandigarh. While dealing about the matter by the Hon Ernakulam HC in its order, there is a mention about excess promotion from 1996 onwards which created confusion.

The JTO to SDE promotion become a mess by the HC order as AIEL is not able to prepare. For example, while strictly following the date of appointment as criteria, in some Circles 2002 rect DR JTOs become senior to 2001 rect DR JTOs as their date of appoint is earlier. Different Circles are interpreting the HC order in different manner and created more confusion. Now Pers section is seeking the advice of Estt section, the cadre controlling authority of JTO cadre, how to proceed. This contempt petition may further delay the promotions as management attention is now to come out of the contempt. 

The contempt of Court case at Chandigargh on SDE to DE promotion:

We are granting one weeks time to file compliance affidavit as to how they have violated the order of this court, as they have promoted the reserved candidates by granting reservation in promotion.

Case posted to 13.08.2018.

Contempt case at Hon CAT Ernakulam regarding JTO to SDE promotion on 15.06.2018 --- The contempt petition filed by AIGETOA activists against CMD/BSNL and GM(Pers) on the final AIEL published on 14.06.2018 and the JTO to SDE promotion on 15.06.2018 came up for hearing on 18.07.2018 and completed the arguments.

The main arguments from petitioner side were:

1. The court order was to give promotions in the ratio 1:1 which BSNL did not followed:

Sr Lawyer appearing for BSNL strongly opposed this argument. BSNL pleaded that 1:1 ratio is suggested by Hon High Court for giving provisional promotion prior to the finalization of AIEL. BSNL finalised and notified the final AIEL as per Hon HC order on 14.06.2018 and regular promotion orders were issued on 15.06.2018 based on the circulated AIEL. The AIEL is prepared rect year wise, based on trg centre marks. For the remaining cases after 2000, BSNL is collecting the date of appointment details from the field units. Thereafter suitable action will be taken. So BSNL complied with the court order fully, BSNL pleaded. Hon Court very much convinced on this arguments.

2. There is excess promotion prior to 2000 rect also.

Sr Lawyer strongly opposed this argument and made very clear to the Hon court that there is no excess promotion from 1995 to 1999 rect years. The excess promotion is from 2001 to 2007 years and their seniority will be fixed later on as per Hon HC order. For the years 1995 to 1999, in some cases the JTOs were joined after 2000 as the LICE for 15% quota was held later. The result and trg also taken place later which resulted delayed date of joining. However they are all recruited for 1995 to 1999 rect years for which they are eligible. Remaining cases are either SC/ST candidates for whom relaxation in marks was given later on or in some cases, rect year was allotted as per various court orders.  The details of such cases are getting collected from the Circles.

After completion of arguments, the contempt petition is listed for orders and will be posted after one month.

The outcome of the court cases from 2010 to 2018 (from CAT Chennai and subsequently at Ernakulam) is that about 3000 JTOs eligible for promotion are retired since 2012 without getting promotion (the provisional AIEL was prepared in 2012 for the JTO to SDE promotion) and the promotion is delayed for years together (by 2 to 6 years) for all the eligible JTOs. If court cases was not there, almost all the JTOs upto 2008 could have been promoted well before through SCF or LDCE for the vacancies upto 2017-18, including the applicants in the case. The youngsters lost their precious service for future promotions. Still promotions from 1999 rect year onwards are pending as BSNL could not finalise the AIEL due to the mess created by the Court order.

Finally who benefitted by this court cases for the last 8 years? 

The contempt petition and the prayer for stay on SDE to DE promotions come up for hearing today. BSNL lawyer explained the Hon SC interim order and DoPT order which allowed reservation in promotions and how BSNL has given promotions based on the interim order. After arguments, Hon CAT declined to stay the promotions and permission granted to BSNL to file a detailed affidavit on the contempt petition. The case posted to August, 2018. BSNL deputed Jt GM(Pers) to Chandigarh to coordinate the matter and explain how BSNL given the promotions to the Hon CAT, if required.

The urgent MA filed by BSNL at Hon Court for lifting the stay on AO to CAO promotions come up for hearing yesterday, 09.07.2018 but posted to September, 2018. The AO to CAO promotion is also stayed due to catch up Rule. The MA also filed based on the recent Hon SC interim order and the DoPT orders.

The contempt petition filed at Hon Chandigargh CAT on SDE to DE promotion come up for hearing yesterday, 09.07.2018 and posted to 12.07.2018. BSNL directed to explain how recent promotion orders are issued. Earlier Hon Court directed to give SDE to DE promotions by applying catch up Rules. After the recent Hon SC interim order, catch up Rule is not having relevance, that is the stand taken by BSNL management.

It is really disheartening to report that AIBSNLEA, Dist Secretary/Kottayam SSA and few others approached CAT, EKM praying for staying ongoing JAO to AO promotion as per the seniority list published. They tried to get the matter stayed urgently by moving an application today. But luckily, Hon CAT refused to entertain the urgent application and the case is likely to come up tomorrow.

We appeal to all, restrain from self destructive steps. The case of missing JAOs will be taken up separately, we assure them.

What they achieved through court cases. It is high time to introspect:

The career growth of all the BSNL Executives are spoiled by battery of court cases by few with the tacit support of some section of Executives.

Critical analysis of some important cases which affected thousands of Executives:

1. JTO to SDE promotion case at Chennai and then at Ernakulam from 2010 to 2018 and still continuing:

The main demand of 1:1 ratio rejected by Hon HC.

The method of interse seniority fixation changed only for DRs (for promotes it will continue as trg centre marks) and become upside down. Litigation will continue in Supreme Court making life miserable for another 3 to 5 years, especially for 2001 onwards rects.

Promotions delayed by 5 to 6 years, naturally all the subsequent promotions also.

More than 3,500 JTOs with 15 to 23 years of service retired without a single promotion.

If this court case was not there:

Then all the JTOs upto 2008 rect year would have become SDE before 2018 through SCF or LDCE. Now JTOs of 1999 rect onwards are still waiting for promotion after the recent DPC as eligibility list is not able to finalize.

Interestingly most of the litigants are not even eligible for promotion at that time and their names are not available in the eligibility list or they were already promoted as SDEs in 2013 LDCE or recent LDCE.

Whether it helped any DR or BR or promoteee?

2. Court case on 20.12.17 against BSNL Board approval for CPSU Hierarchy:

The proposal was an agenda in the BSNL Board meeting on 21.12.2017. However stay obtained on 20.12.2017 and hurriedly brought to the notice of BSNL management. Board didn’t given approval to the proposal due to the stay.

If the stay was not there, it would have approved w.e.f 01.01.2017 itself as the DoT Board member who raised objection on 01.01.2017 was not present in the Board meeting held on 21.12.2017. The Board members present don’t have any objection to the date.

All the Executives, numbering around 30,000 missed the promotion and lost 1 ½ years service.

3. Reservation related cases:

JTO to SDE promotion: The same section who are working against promotions and want to fight only court cases, filed an MA in the Hon CAT yesterday, challenging the promotion order dated 15.06.2018 and praying for staying/quashing the promotion orders.  Another contempt petition also filed against BSNL management. Interestingly the applicants are JTOs joined in 2009 and 2010 whose name is not available in the eligibility list at all published in 2015. This move may further delay all the promotions. Assn also impleaded in the case through the affected persons, promoted recently.

FR22(1)(a)(1) fixation for the Officiating JTOs: The list of TTAs officiated as JTOs and name included in the case filed by SNEA in PCAT New Delhi is already endorsed to Circles. The judgment covers all the SNEA members.

Few Circles reported that some names are not included in the list. All CSs and SSA Secretaries are requested to verify missing name and the consolidated list of SNEA members not included in the list may be send to CHQ by the CSs with covering letter, after ascertaining that they are SNEA members. The list may reach CHQ by 31.03.2017. The missing names will be endorsed by BSNLCO. Since this will be the last opportunity, it should be ensured that all the missing names are included.

JTO to SDE promotion case at Ernakulam HC: The case was listed at 03 PM on 25.11.2016 alongwith other part heard cases before the special bench constituted for hearing all the part heard cases. The bench directed to mention before the bench on Monday morning for deciding the hearing date.

JTO to SDE promotion case at Ernakulam HC: The case was listed at 03 PM on 25.11.2016 alongwith other part heard cases before the special bench constituted for hearing all the part heard cases. The bench directed to mention before the bench on Monday morning for deciding the hearing date.

JTO to SDE promotion case at Ernakulam: Senior lawyer engaged by BSNL recovered from illness and able to travel by third week. He will be available for pleadings after 20.11.2016. Accordingly, BSNL lawyer is trying to fix the next date of hearing and constitution of the special bench in consultation with other lawyers from the applicant side.

Hon CAT, Chandigargh judgment in OA No: 060/2016, in officiating pay protection case. Hon CAT also allowed pay protection on officiating promotion.

JTO to SDE case at Hon High Court of Ernakulam:

ITS case in Hon PCAT .

The OA filed by SNEA, BSNLEU and AIBSNLEA challenging the DoT order dated 11.03.2013 redeploying the ITS officers back to BSNL/MTNL was listed for hearing today. The case was partly heard on 18.03.2016. Govt side pleaded for postponement of the hearing since ASG representing DoT couldnot appear today. The case postponed to 09.05.2016.

JTO to SDE promotion court case at Ernakulam: The case came up for hearing today. After preliminary submissions, it is posted for tomorrow for hearing. 

Court cases at Hon CAT, Chandigragh against promotions:

The court case on JTO to SDE under LDCE quota and SDE to DE promotions were listed for hearing yesterday but postponed for two weeks.

JTO to SDE promotion case at Hon High Court of Kerala:

ITS case in Hon PCAT ---- final hearing started. 

The OA filed by SNEA, BSNLEU and AIBSNLEA challenging the DoT order dated 11.03.2013 redeploying the ITS officers back to BSNL/MTNL was listed for hearing today. Counsel for the Govt tried to confuse the court again by arguing that contempt petition is pending in the Hon High Court. On the other hand, in the HC, Govt pleads that OA is pending in the PCAT. Our counsel countered the arguments of Govt by stating that the OA is filed specifically praying for quashing of the ITS deployment order dated 11.03.2013. Moreover during last hearing, we got a direction from the Hon HC which hear the contempt petition, to hear the OA on merit by the Hon PCAT without linking with contempt.

After hearing the arguments from both sides, Hon Court decided to hear the case on merits. Arguments started from our side and will continue on the next date, 05.04.2016.

Court cases at Hon CAT, Chandigargh:

The court cases related to JTO to SDE, JAO to AO, SDE to DE and AO to CAO promotion was listed for hearing today. Since the division bench was not sitting, all the cases postponed to 14.03.2016.

Status of court cases at Hon CAT Chandigarh: The court cases on JTO to SDE (Sen and LDCE), JAO to CAO, SDE to DE and AO to CAO listed for hearing today. The case is posted for hearing on 23.02.2016 as the applicants advocate sought one week time for arguments. Some AOs also impleaded in the case.

Sri Manish Kumar, Jt GM(Pers) was deputed by BSNL Mgt to Chandigargh for two days for effective coordination. 

Congratulations:

The SLP filed by BSNL challenging the Ernakulam HC order on transfer of Sri MSS Rao is allowed by the Hon Supreme Court. Hon Ernakulam HC directed that Sri M S S Rao shall be permitted to continue as CGM, Kerala for 2 months. Since Sri L. Anantharam was already joined as CGM, Kerala on 23.09.2015, BSNL approached the Hon SC by filing the SLP. BSNL pleaded that Mr Rao is in the Agreed list and he cannot be continued as CGM which is a sensitive post. More than that industrial unrest is going on in the Circle which he could not resolve as CGM. In any case, he cannot be continued as CGM. BSNL informed the Hon SC that Sri M S S Rao who is under compulsory wait will be posted as Principal, RTTC, Trivandrum and will ensure that it is not a lower post. This proposal is accepted by the Hon Supreme Court and Hon High Court order modified to that extent.

ITS case came up for hearing today.

Contempt case at Hon Delhi High Court on ITS deputation:

Contempt case filed by SNEA (I), AIBSNLEA and BSNLEU relating to deployment of ITS in BSNL in Honble Delhi HC came up for hearing today, the Hon. Judge recused to hear this case under the plea that he  was a standing counsel for Govt. of India earlier and directed for hearing by a different bench, the case is posted on 23-03-2015.

It is understood that the Review petition filed by DoT in Hon. Delhi High court  against the Hon. Delhi High Court order  for  repatriation of un absorbed  ITS officers from BSNL / MTNL   is dismissed.  DoT filed the review petition after three years of the original order.
Contempt case filed by SNEA (I), AIBSNLEA and BSNLEU relating to deployment of ITS in BSNL in Honble Delhi HC is listed for hearing tomorrow.

LDCE for promotion to the grade of SDE (Telecom) under 33% Quota to be held on 15.02.2015: 

Corporate office has issued orders for holding the Limited Departmental Competitive Examination for promotion to the grade of SDE (T) for the single vacancy year 2010 - 2011 only as per the direction of Hon CAT Guwahati and also withdrawing the admit cards generated for the candidates of vacancy years 2011-12, 2012-13 & 2013-14.

View letter copy.

View Hon.CAT Guwahati  order.

Copy of interim stay order on JTO to SDE promotions for 3 weeks w.e.f 04.02.2015 from Hon HC, Kerala: 

SNEA(I) is the only Assn, we reiterate the only Assn, present in the Hon HC and opposed the stay application in the Hon High Court. Our strong opposition along with the arguments of BSNL lawyer restricted the interim stay for 3 weeks eventhough the court initially granted stay for one month. In Hon CAT also, impleading applications were filed by others but they never bothered to file reply/counter reply or engage lawyer to argue the case even on final hearing dates. So comrades, don’t get confused or carried away by the propaganda from any quarter. 

View copy of the Interim Stay order.

It is learned that Hon Supreme Court dismissed the Review Petition filed by some individuals against quashing of seniority list no 6 and 7.

View Cor. Office orders:
SC order on grant of grace marks in JAO exam reg - Cov lr. View Hon SC  order.
MOU between BSNL and SBI to provide various loans to BSNL emoployees - Cov lr.     View MOU COPY.
Encashment of earned leave alongwith LTC - DoP and T Clarification.
Preparation os AI eligibility list of JTOs - Forwarding details reg .

Congratulations...
The case filed at Hon CAT, Ernakulam challenging the method of fixation of seniority of JTOs dismissed today. This paves the way for promotion from JTO to SDE.
Sincere gratitude to Com George Varghese, CS/KRL and other office bearers of Kerala Circle for defending the case properly. BSNLCO also taken initiatives to defend the case properly and for early hearing. 

The ITS case filed by SNEA(I), BSNLEU and AIBSNLEA against the deployment of ITS officers in BSNL was listed  today and posted on 23-03-2015. 

206 seniority case posted on 21-01-2015.

Contempt case relating to repatriation ITS in Honble HC of Delhi:

DOT came under scathing fire from Honble HC of Delhi for its blatant and deliberate violation of the Judgement of Honble High Court regarding repatriation of ITS. Honble HC severely reprimanded and came down heavily on the counsel appearing for DOT for its naked manipulations in implementing the judgement of HC.

Honble Court, short of passing a formal order for breach and contempt of its Judgement delivered by Honble High Court in March, 2012 regarding repatriation of ITS, came very close to terming the actions of DOT as amounting to contempt of Court. At one point of time, the Honble bench asked DOTs counsel to immediately and personally summon Secy/DOT to the Court to explain the conduct and actions of DOT in completely breaching implementation of the Judgement of the Court and persistently misleading the Court regarding its implementation.

However, after painstaking pleadings and explanation by DOTs counsel and his assurances to the Honble Court that necessary corrective actions would be initiated towards implementation of the judgement in letter and spirit, the matter was posted to 5^th March, 2015. What is extremely important is that Honble High Court felt completely convinced and satisfied, after detailed arguments by counsel of SNEA(I), that DOT has perpetrated  clear breach of Judgement amounting to contempt. The stand of this Association towards ITS repatriation is undoubtedly getting vindicated.  

JTO to SDE seniority case at Hon CAT, Ernakulam:

Arguments are continuing even at 04.30 pm

JTO to SDE seniority case at Hon CAT, Ernakulam:

Preliminary arguments started today. Our senior lawyer pleaded for allowing BSNL to go ahead with promotions but bench was not inclined to modify the interim order at this moment. Our senior lawyer vehemently opposed the postponement of the case to some other day and told the court that due to non-availability of division bench, our clients have suffered badly and cannot suffer further.Finally, Hon court decided to list the case for final hearing on 14.11.2014, tomorrow at 2 PM. We are keeping a close watch on the case. Sr lawyer from BSNL also pleaded.

JTO to SDE seniority case is listed for hearing today at Hon CAT, Ernakulam.  SNEA filed a separate MA for allowing BSNL to issue promotion orders in case the OA is not heard today itself. BSNL filed another MA for early hearing and disposal of the case.

Meanwhile VC from BR, CTD, JKD, KRL, MH, NE I, NTR, RAJ Circles not received yet irrespective of repeated reminders.

The additional two years ACRs of JTOs of all categories (OC/SC/ST) rect in 1998, 1999 and 2001 and ST category from 2002 to 2005 also to be sent urgently to BSNLCO. The assessment report for the two years supposed to reach BSNLCO by 30.11.2014, but none of the Circles sent it so far.

On LDCE from JTO to SDE notification, CLO given clearance to conduct one single examination instead of separate examinations for the unfilled vacancies of 2009-10 and 2010-11 onwards. The LDCE will be notified in a couple of days. This issue was deliberated with GM(Rect) by all the Assns on 11.11.2014 in the meeting held to discuss conduction of online examinations. There will be more than 4000 vacancies in different categories. JTOs having 3 years service as on 01^st July, 2013 will be eligible for the LDCE for 2013-14.

Meeting with GM (Pers): 

AGS Com. Vivek Wankhede met Sh. S S. Agarwal, GM (Pers) on 15^th Oct 2014 and discussed on the following issues:

1.   Regarding consideration of filing MA in JTO to SDE case in Hon CAT, Ernakulum: Association once again pleaded for filing the MA application in JTO to SDE case, as the case is not heard on 9th Oct 2014 before single bench to vacate the stay since the division bench is not sitting and there is large scale resentment among the JTOs who are denied their first promotion even after 17-18 years. GM (P) said that the action is being initiated and soon the circle will be suitably informed to file the MA.

2. Modifications on regular AGM / DE promotions: As per earlier discussion with GM (Pers) for modification in regular promotions to AGM and assured by him to consider cases after 7^th and 9^th Oct, association reminded to consider the cases. Only 137 have joined out of 460 executives transferred, and the shortage circles are crying of shortages, he said. Association informed that the remaining will not join now as they have already lost their one increment on TBP and all will refuse, to which he said that the refusal is not a right and the competent authority will decide on case by case as per the justification. Association also discussed consideration of the acute medical cases, to which he said that the cases will be considered on the recommendation of the CGMs. Also the request / changes will be considered but advised to keep patience. Associations also demanded to fill up the vacancies arise due to correction of circles to which he promised of suitable consideration.   

3.  Committee meeting on officiating pay fixation: GM (Pers) informed that the committee is scheduled to meet on 17^th October 14.

NCSC case at Hon High Court of Delhi. The case came up for hearing at Hon HC, Delhi, today, 13.10.14. BSNL submitted that they acted as per the direction of NCSC and initiated disciplinary proceedings etc. The proceedings against 9 officers completed and all of them exonerated as the charges are not proved. The inquiry against the remaining 7 will be completed shortly. Our lawyer pleaded for completion of inquiry at the earliest and no action should be taken by the BSNL Management as the Hon Court ruled in another case that NCSC cannot issue binding recommendations or directions as it is a recommendatory body. Hon High Court pleaded to dispose the petition with direction that BSNL not binding on the recommendations of the NCSC as it is only a recommendation and not to act on it, recorded the commitment of BSNL that the inquiry will be completed shortly and allowed any legal remedy in case the officers are aggrieved by the outcome of the inquiry.

ITS case at Hon PCAT, New Delhi: The OA filed by SNEA(I), AIBSNLEA and BSNLEU against deployment of ITS officers in BSNL postponed to 17-09-2014. No hearing took place today. 

List No. 6 & 7 seniority case at Hon Supreme Court: The SLP filed by BSNL and other individuals was dismissed today. Hon SC observed that since there is no ROTA mentioned in the statutory SDE Recruitment rules 1996 and 2002, seniority can be claimed only after joining the service of that cadre.As such Hon SC found no infirmity in the judgement of Hon HC of Mumbai and Ernakulam.

The SLP filed by BSNL against Hon CAT Jabalpur judgement on notional date of promotion allowed by Hon SC. However the  notional date of promotion given to 124 officers of Karnataka circle by another bench of Hon SC is protected.

ITS case at Hon PCAT, New Delhi: The case is listed for today as item no. 61 under ready for hearing.

List No. 6 & 7 seniority case at Hon Supreme Court: The SLPs filed by BSNL and individuals listed today for final hearing in the Chief Justice Bench as item No 1.

JTO to SDE promotion case at Hon CAT, Ernakulam:

Earlier the case was posted on 11-08-2014. As reported on 31-07-2014, on the sincere efforts of the Association, the case is now preponed to 06-08-2014 for final disposal.

ALL CSs are requested to expedite the VCs.

JTO to SDE promotion case at Hon CAT, Ernakulam: Since no Division Bench is sitting at Hon CAT, Ernakulam on 31-07-2014, the case is not posted. We are trying for posting the case at the earliest.

JTO to SDE promotion case at Hon CAT, Ernakulam: The OA  listed today for “Final disposal” is posted on 31-07-2014.

Contempt case at Hon Delhi HC on ITS deployment: The contempt case filed by SNEA(I), BSNLEU and AIBSNLEA came up for hearing on 19.03.2014. However another contempt petition filed by ITSA on the same matter is pending for completion of formalities, both cases clubbed together and posted to October for hearing together. Our contempt petition was ready for hearing. We are exploring the possibility of early hearing by filing a petition.

JTO to SDE promotion case at Hon CAT, Ernakulam: The urgent petition filed by SNEA(I) in the Hon CAT for urgent hearing of the case came up for arguments today. Since division bench was not sitting, it came up before the single judge. The bench posted the matter for hearing on 04.03.2014 before the division bench as earlier decision was taken by the division bench.

147 case at Hon Supreme Court of India: The case came up for hearing today. The applicants last week itself filed an application seeking time to file the rejoinder. Our lawyer strongly opposed the move before the court mentioning that meanwhile BSNL is going to promote them in view of the interim status quo order. On that Hon bench observed that in case of their promotion, file contempt and given 4 weeks time to file the rejoinders in all the four SLPs. The SLP will be heard after 4 weeks.

ITS case at Hon PCAT, New Delhi:

This matter was listed for hearing on 18.11.2013 as ready for hearing matters. The Counsel for the Respondents sought time to file a reply to the amendment application filed by the Applicants. Our lawyer submitted that the amendment made was only with respect to the Prayer and the application was filed in furtherance of the Order dated 30.09.2013. However, the Ld. Bench was of the view that the Respondents should be given an opportunity to file a Reply and therefore has adjourned the matter to 17.01.2014.

147 case -  View Record of proceedings on 11-11-13  by Hon. SC.

SLP of BSNL against quashing of seniority list no 6 and 7 came up for hearing on 26-08-13.In the interim order (Record of proceedings), however the Hon. SC mentioned that “If the impugned order is allowed to be implemented during the pendency of Special Leave Petitions and ultimately if the Special Leave Petitions succeed, in our view, in that situation, many complications may arise.” - View copy of record of proceedings.

1966 seniority case at Hon. HC of Jabalpur:

The appeal filed by Shri.G.P Patel and others in the Hon High Court of Jabalpur in the 1966 seniority case came up today. The WP was filed against Hon CAT judgment dismissing the OA filed by Shri.G.P Patel and others questioning the seniority of 1966 officers promoted on 21.10.1998. The applicants strongly pleaded for stay on the ongoing SDE to DE promotions. BSNL and impleading parties strongly opposed the demand for stay. After arguments, Hon HC of Jabalpur declined to grant any stay and directed BSNL to file the counter reply within 4 weeks. The case will be listed after 4 weeks.

Hon. PB CAT New Delhi delivered judgement in LDCE Case:

Hon. PB CAT New Delhi did not cancel LDCE examination. How ever Hon.PB CAT adjudicated that answer key will have to be finalized afresh in accordance to the opinion of the expert committee set up by BSNL management. This means that fresh evaluation of candidates who appeared in the LDCE would be done in accordance to the new answer key. Hon. PB CAT also observed that BSNL management has by and large conducted the examination in transparent and clear manner. The Hon. PB CAT further directed the BSNL management to complete the process within 2 months. Detailed judgement running in about 70 pages is awaited within a couple of days.

Association impleaded in the case and strongly pleaded that this said examination should not be cancelled. With this judgement of PB CAT, New Delhi, all OAs transferred from various Tribunals  in the country are disposed off.

Update on LDCE case at Hon. PCAT, New Delhi: Arguments from respondents side also concluded today and judgment reserved. SNEA(I) impleaded in the case in order to expedite the court case. Our lawyer strongly opposed the cancellation of the examination and pleaded that this examination was conducted for the vacancies from 2006-07 to 2009-10 and initially the examination was scheduled to be conducted in 2010. The examination is badly delayed and there should be no cancellation. Further Assn submitted that BSNL followed all the formalities before declaration of the results, and even if Hon Court in case finds any discrepancy in the final answer key, revaluation may be ordered, not re-examination. BSNL lawyer also strongly pleaded against any re-examination and made arguments very well. All the parties, both applicant as well as respondents agreed not to demand cancellation of the examination which the Hon Court recorded. Finally Hon Court directed BSNL to submit all the records related to finalization of final answer key like provisional answer key, representations received from all the parties, findings of the expert committee and examiner on the representations and final decision of BSNL Management, within two days and on perusal of the same judgment will be pronounced.

GS, President and AGSs are present in the Hon Court during arguments.

SDE to DE  promotion Seniority case came up for hearing today at Hon.CAT, Chennai. Major portion of the final argument is over today. As per the request of applicant side lawyer, final argument will be continued tomorrow also.

SDE to DE  promotion Seniority case came up for hearing today at Hon.CAT, Chennai. After argument case posted on 22-04-2013. 

Hon Delhi High Court judgment in writ petition 1803/2013 filed jointly by SNEA(I), BSNLEU and AIBSNLEA praying for quashing the order of DoT dated 11.3.2013 to deploy unabsorbed ITS to BSNL..........Hon bench clearly states that the impugned orders dated 11.3.2013 which both in letter and spirit violate the orders which are passed in W.P.(C) 22515/2005 and especially the order passed in CM No. 16683/2012 (our impleadment application).

The order of Hon HC is virtual indictment of the DoT and BSNL order dated 11.03.2013 and a clear endorsement of the prayer contained in our WP. Our stand thus stands fully vindicated. On the basis of this crucial order, we are filing original application in PCAT, New Delhi.

Judgment:
“Learned senior counsel for the petitioners, on instructions rightly states that the petitioners are really aggrieved by the impugned orders dated 11.3.2013 which both in letter and spirit violate the orders which are passed in W.P.(C) 22515/2005 and especially the order passed in
CM No. 16683/2012”.

“--- Petitioners are also at liberty to initiate, if so required,
  appropriate independent proceedings in accordance with law”.

We engaged Senior Advocate Sri. Neeraj Kaul for the case.

The civil contempt petition jointly  filed by SNEA(I), BSNLEU and AIBSNLEA in the Hon. HC of Delhi  against Secretary  / Dot and CMD BSNL admitted by the Hon. HC of Delhi  and directed to issue contempt notice to respondents and further posted on 25-07-2013 .......... View Hon. HC of Delhi Notice.

JTO to SDE Roster cases (WP 16102/2011 & WP 26246/2011) came up for hearing at Hon.High Court, Chennai today, final argument over and judgement reserved. Senior BSNL counsel from Hon. Supreme court argued for BSNL.

ITS REPATRIATION CASE

CM No: 16683/2012  is filed by SNEA(I), AIBSNLEA and AIBSNLEU.

JTO to SDE Roster case came up for hearing at Hon.High Court, Chennai today and posted on 27-02-2013 for next hearing.

In the LDCE case at Hon.PCAT, New Delhi, Association will be impleading next week as decided in the Chennai CWC meeting.

Status on ITS repatriation case at Hon Delhi HC:

Today the case case came up for hearing. The case has been listed for 15-02-2013 after Hon. Chief Justice decides which bench it would be referred to.

LDCE for SDE (T) case at Hon. PCAT, Delhi: Pending cases posted on 13/03/2013, 18/03/2013 and 20/03/2013 for argument.

Status of Court Case in 147 SDEs Seniority case:

Today arguments completed in Hon. High Court of Kerala at Ernakulam and judgement reserved. 

Status on ITS repatriation case at Hon Delhi HC:

Today the case came up for hearing before a new bench. The Hon. bench transferred the case to the earlier bench which heard the issue. The matter will be heard by the earlier bench on 8th February  2013.

Status of Court Case in 147 SDEs Seniority case:

Hon. High Court of Kerala at Ernakulam heard arguments today also for 2Hrs and 20min. Applicants side (147 SDEs & BSNL) argument almost completed. The respondent side argument started and will continue tomorrow also.

Status on ITS repatriation case at Hon Delhi HC:

ASG submitted the minutes of the Committee of Secretaries final meeting held on 12-12-2012. ASG informed the bench that Cabinet is likely to take a final decision on this recommendation by the middle of January 2013.Hon.HC of Delhi extended the last date for implementation of its order to 01-02-2013. The matter is posted to 1st February  2013.

JTO to SDE Roster case came up for hearing at Hon.High Court, Chennai today and posted after Christmas holidays.

SDE to Adhoc DE Promotion case at Hon.Jabalpur CAT:

Case against the seniority of 1966 today dismissed by the  Hon. CAT Jabalpur on 11-12-12......View Judgment copy.

SLP in the Hon Supreme Court on quashing of seniority list No.: 6 & 7:

The SLP filed by BSNL and some individuals against the Hon Bombay and Kerala High Court judgments admitted by the Hon Supreme Court today. The matter is posted to be heard after 10 weeks. Further Hon SC stayed the contempt proceeding on the same matter at Hon CAT, Ernakulam. Hon court directed the impleading applicants from Punjab & Haryana to file a transfer application in the Hon Punjab & Haryana High Court to transfer the appeal pending before it in this matter to Hon SC, so that all the cases can be heard together. This development paves the way for starting DPC to Regular / Adhoc DEs.

Status on ITS repatriation case at Hon Delhi HC:

At the very outset, ASG, representing UOI, made submission before the Hon Bench that a proposal to repatriate unabsorbed ITS from BSNL/MTNL progressively within a time span of 10 years is under the consideration of Group of secretaries and that it will be very shortly sent to the Union Cabinet. On this submission of ASG, Hon Bench observed that "We are not concerned with what cabinet is to decide and the 10 year time period is absurd". Our Councel informed the Hon Bench that last time the plea of BSNL / MTNL to grant extension of 25 months was rejected by the Bench and this time they are asking time for 10 years. At this the Hon Bench observed “even now we will reject it”.

Counsel for the respondents (ITS) submitted that they have to be formally relieved from BSNL/MTNL immediately ending “deemed deputation” and thereafter they can be taken back to BSNL/MTNL on “deputation” which is legal. This was strongly opposed by our counsel quoting the DOP&T OM which strictly forbids such deputation. Hon Court also observed that “this is nothing but continuation of the present situation, thereby putting an end the possibility of their entry through back door deputation.

Finally Hon Bench directed Counsel for UOI, BSNL/MTNL to relieve all unabsorbed ITS by 15^th Dec failing which UOI should submit a detailed proposal. The case is posted for 18th Dec:’12.

Hon. High court of Delhi briefly heard the matter relating to ITS repatriation. Senior councel representing BSNLEU, SNEA(I) and AIBSNLEA informed the bench that he representing thousands and thousands of  absorbed employees who are fully qualified, talented and competent enough to maintain telecom operations in BSNL, even better than unabsorbed ITS who lack commitment and sense of belonging to the company. Senior councel pleaded that he be given an opportunity to argue the case on merits. After the brief arguments by our councel, junior councel representing the UOI pleaded for passing over of the matter since ASG was not available. When the case came up for hearing in the afternoon junior councel informed the bench that ASG was held up in some other bench and sought adjournment. Bench however adjourned the matter to 7^th November only and directed  UOI to file its reply by that date.

The calculated strategy of UOI to get a long adjournment was thus defeated.

To day JTO to SDE Roster case came up for hearing at Hon.High Court of Chennai, Since ASG is not available at HQRS and also as per the request of the applicant's lawyer  Hon.High Court posted the case to 19/11/12.

147 SDEs ( LDCE Quota ) Seniority case at Hon. HC of Kerala at Ernakulam: The case listed for hearing today was not taken up by the Hon. HC of Kerala at Ernakulam.

LDCE Case at Hon. CAT Guwahati:

Applicant side yet to file the affidavit. Ordered to file the affidavit before 26-08-12. The case has been posted on 11-09-2012.

With respect to BSNL’s  application to transfer  all   similar cases at various tribunals to Hon. Principal Bench CAT, New Delhi, notice has been issued by Hon. PB CAT. Hence final  verdict will be from Hon.  PB CAT New Delhi only.

SDE to Adhoc DE promotions case at Hon CAT Jabalpur: The case  has been posted to 27-08-2012 for final hearing.

Hon Kerala High Court dismissed BSNL appeal against Hon Ernakulam CAT judgment in which BSNL was directed to fix the pay of the seniors at par with that of juniors: Hon Kerala High Court dismissed the petitions OP CAT 1576, 1560 and 1592/2012 filed by BSNL against the order of Hon CAT Ernakulam judgment in OAs 109, 110, 236 and 241/2011, which directed BSNL to fix the pay of the seniors at par with that of juniors drawing higher pay. The Hon Court also observed that the condition incorporated in the EPP which prohibits complaining against the anomaly is unconstitutional. Hon Court also commented that such condition is very primitive and against the fundamental rights. Hon Kerala High Court allowed three months' time for BSNL to implement the orders passed by CAT in the case filed by Sethumadhavan & others.

147 SDEs seniority case at Hon Kerala High Court on 04.07.2012: Due to shortage of time the 147 case at Hon Kerala High Court postponed to 11th July 2012.

Stay on Adhoc DE promotions from Hon CAT Jabalpur: The case is listed for today, 27.06.2012 at Hon CAT Jabalpur.

Status of seniority list No 6 & 7. The Review Application filed by BSNL and some affected parties in the Hon Bombay High Court came up for admission on 22.06.2012. Hon HC didn’t  admitted the RAs. Earlier Hon CAT and High Court of Bombay quashed the seniority list no 6 & 7 and directed BSNL to recast the seniority based on date of joining. Similar judgment came from Hon Kerala High Court and Hon CAT, Chandigargh. The SLP filed by BSNL in the Hon Supreme Court against the Bombay High Court order is pending at Hon SC. The status of sen list no 6 & 7 will be finally decided based on the outcome of the SLP pending in the Hon Supreme Court. The seniority of the SDEs passed the LDCE held in 2007 and 2012 also will be decided based on this SLP outcome.

Heartiest congratulations Comrades:

Honble CAT Chennai dismisses OA filed by AIGETOA challenging preparation of all India eligibility list for promotion from JTO to TES Gr B on the basis of guidelines of DOT. Association fought the case legally tooth and nail by engaging learned and senior counsels at Chennai. Committed and tireless efforts of the Association to get the stay on holding of DPC from JTO to TES Gr B vacated so as to pave the way for holding of DPC from JTO to TES Gr B produce desired results. SNEA(I) was the only Association to get impleaded in the case to get stay vacated. What has to be appreciated is that this Association has been consistently and singularly taking very positive, concrete and timely actions to remove legal hurdles created in holding of DPCs from one cadre to another so as to facilitate expeditious holding of DPCs for quick functional promotions.

Our profound concern is to ensure that younger Comrades get

functional promotions as quickly as possible and that can be

accomplished only by holding of DPCs expeditiously, not blocking

of DPCs. Creating legal hurdles to block DPCs blocks the career

aspirations of younger Comrades. Holding of DPC from JTO to TES

Gr B will surely clear the decks for functional promotions of young

comrades.

We wholeheartedly congratulate our Comrades of Chennai / TD,

particularly com. A. Shanmuga sundararajan, our CS Chennai/TD

and his team, for their painstaking, positive and untiring efforts in

pursuing the case at Ho’nble CAT/Chennai and finally taking it to

its logical conclusion.

WP 16102 / 11 & WP 26246 / 11(JTO to SDE Roster case): Today came up for hearing at Hon.High Court  Chennai and posted after Summer Vacation.

Judgment of Hon. Delhi High Court on ITS absorption case.

OA No.36 / 2011 (JTO to SDE Promotion DOPT Seniority case) at Hon. CAT, Chennai: Argument over and judgment reserved.

The appeal filed by BSNL and some individuals in the Hon High Court of Kerala at Ernakulam against the quashing of Sen list no 6 & 7 dismissed today. Details awaited.

WP 16102 / 11 & WP 26246 / 11 ( JTO to SDE promotion Roster case) listed for hearing today at Hon. High Court / Chennai could not came up for hearing because of TSUNAMI / EARTHQUAKE ALERT.

OA No.36 / 2011 ( JTO to SDE Promotion - Seniority case as per DOP&T guidelines) at Hon. CAT, Chennai: The case came up for final hearing at Hon. CAT/Chennai on 09-04-12 and posted on 16-04-12 due to paucity of time.

LDCE 2004 - Review Application on notional date of promotion:

The review Petition ( RP 315 /2011 ) filed by BSNL at Hon High Court of Karnataka at Bangalore against the judgment of notional fixation in case of LDCE passed 124 candidates of Karnataka in OA No.181 / 2009 was dismissed on 02-03-2012. This case has been fought mostly by our comrades under the efficient leadership of our Karnataka Circle secretary Com.S.B.Nagavi. Hats off to Karnataka circle comrades for their tireless efforts.  

Our Association already taken up the case with BSNL Management for generalisation of the case and was waiting for the outcome of the review petition. As our association is trying for the generalisation, our comrades from other parts of the country need not approach different courts for the time being.

Our comrades and activists throghout the country must remain extremely alert to ensure that no court grants any interim ex-party stay on holding of LDCE for promotion to TES Gr. B on 4th March'12 . This exam which will promote more than 3000 JTOs to SDEs is being conducted after sustained and strenous efforts of this association and its profound committment to promote as many JTOs as posible to TES Gr. B through provisions of TES Gr.B RRs.

In this context , its important to inform our activists that Hon'ble CAT Ernakulam on 29 Feb'12 and Hon'ble CAT Chennai on 1st March '12 refused to stay holding of exam after detailed arguments.

OA No:240 / 12 filed by some individual came up for hearing at Hon.CAT, Chennai. No stay was granted for LDCE JTO to SDE promotion exam. 
Case is posted to 07-06-2012. Court ordered that the results for the LDCE exam can be announced with condition "subject to the outcome of the OA".. 

Seniority case of 147 SDEs:

The appeal filed by 147 SDEs against the judgment of Hon. CAT Ernakulam quashing their seniority came up for hearing on 23-02-2012 in the Hon. High Court of Kerala. Hon. High court posted the case for final hearing on 22^nd and 23^rd of March 2012 and directed BSNL not to effect promotions on the existing seniority till the next hearing without prior permission of the High Court.

 Seniority of 147 SDEs: The appeal at Hon High Court of Kerala at Ernakulam against the quashing of seniority of 147 SDEs came up today and posted for 23^rd Feb:’12 for hearing. The stay on revision of seniority continues.

Review Application on notional date of promotion:

The review filed by BSNL at Hon High Court of Karnataka at Banglore came up today. Arguments completed and judgment reserved. Earlier the Hon Supreme Court dismissed the SLP filed by BSNL against the High Court order. Recently the CATs at Hyderabad and Ernakulam also given judgments on the same line.

E1 + 5 increments for the JTO/JAOs recruited after 01.01.2007.    The proposal of method of pay fixation has been sent to the competent authority for approval. Assn requested to fix the pay at Rs 19,020/- by giving cumulative effect.

Hall ticket for the LDCE from JTO(T) to SDE(T):   The JTOs who forgot the username /password may sent mail to the DE section of the BSNLCO on email id recttcell@bsnl.co.in. DE section will intimate the earlier user name / password.

As lot of vacancies are available in the LDCE quota and only few vacancies are available in the seniority quota, all the eligible JTOs joined upto 01.07.2006 are once again requested to prepare for the LDCE and get promotion in LDCE quota. The vacancies in seniority quota is only a few hundreds.

SC-ST Roster case at Hon High Court, Chennai:  WP 16102 & WP 26246 came up for hearing and posted on 28-02-2012.

Great Victory for this association:

Huge Victory for the principled  stand of this association on grant of  illegal 2G licenses  in 2009 – 2010 – Stand of this association fully vindicated – Heartiest  congratulations, Hon. Supreme Court in a land mark judgment today cancelled 122  2G licenses granted by DOT in an arbitrary, malafide and illegal manner. This association took up the issue in 2009-2010 in strongest possible manner with the Hon. Prime Minister urging upon him to intervene and stop awarding of 2G spectrum in an arbitrary manner. How ever Hon. Prime Minister remained unmoved.Hon. Supreme Court’s decision to cancel 122  2G licenses is nothing but total vindication of the stand taken by this association on the awarding of 2G spectrum in 2009-2010.

SC-ST Roster case at Hon High Court, Chennai:  WP 16102 & WP 26246 came up for hearing today and posted on 15-02-‘12.

SLP in the Hon Supreme Court against generalization of Rule 206: The case is posted for next Friday, 3rd Feb for hearing as the synopsis was filed by BSNL on the previous day only.

Review application at Hon High Court of Mumbai against quashing of list no 6 & 7: The case posted to 24^th Feb;’12.

SC-ST Roster case at Hon High Court, Chennai:  WP 16102 & WP 26246 have not come up for hearing today due to paucity of time and posted tomorrow for argument.

TDSAT restrains DoT from enforcing 3G roaming ban order on Bharti Airtel, Vodafone and Idea:

M/s Vodaphone, Bharti & Idea had moved an urgent application in TDSAT in response to the order from DOT regarding stoppage of illegal 3G roaming. The case was heard today and Hon'ble court has not set aside DoT's order and no coercive action to be taken till the next date of hearing i.e 3.1.12. 

GS writes to DIR(HR) regarding

• Anomaly due to accrual of increment of junior earlier than the senior after fixation of pay in revised pay scale on implementation of 2nd PRC.....View letter Copy

• Anomaly in pay fixation- Senior promoted earlier getting less pay than junior promoted later.....View letter Copy

• Extending the benefit of notional date of promotion and fixation of pay w.e.f. 23.01.2002 and actual benefits from 01.04.2008 in terms of judgment dated 26.04.2010 of the Hon CAT, Bangalore Bench in OA. No. 181 / 2009 to similarly placed other candidates also ....View letter Copy

The views of the Hon'ble High Court of Delhi in its order on dated 28.11.2011 in W.P.(C) NO. 22789 /2005 regarding ITS abosoprption.

10. We also find that as a result of the above, a public sector  enterprise is working    with employees on deputation for over this period   with uncertainty even about their disciplinary authority. The same  cannot contribute to the efficient functioning of a public sector enterprise.  Such a situation cannot be countenanced under any circumstance. Public sector enterprises are expected to deliver  efficient services wholly in public interest.   

11. In this background, the present application seeking stay of the  letter dated 3rd November, 2011 calling upon the petitioner to exercise   his option is hopelessly misconceived and malafide.

12. At this stage, Mr. G.D. Gupta, learned senior counsel for the   petitioner prays for leave to withdraw this application. We have been  compelled to hear this matter for a prolonged time before the prayer for   withdrawal is made. Given the above facts and circumstances, this   application cannot be permitted to be withdrawn unconditionally.

 The present application is therefore dismissed as withdrawn with  costs which are quantified at Rs.30,000/- to be paid to the respondent   nos. 1 and 4 in equal shares within four weeks from today.

13. We make it clear that the respondents are free to proceed in  accordance with their communication to the petitioner in this matter.

Hon.Ernakulam CAT  Judgement  in the Seniors ( SDEs promoted as adhoc DEs  before getting the second TBP ) getting less pay than Juniors ( SDEs promoted as adhoc DEs after getting the second TBP ) case :

“ The respondents are directed to step up the pay of the applicants to the level of pay of their juniors with effect from the date of arising of the anomaly of seniors drawing less pay than their juniors in respect of each of the applicants within a period of 3 months from the date of receipt of a copy of this order. However, this order will not stand in the way of the Committee set up to deal with the issue under consideration in these O.As, giving a more beneficial recommendation for the applicants.”

This issue is already under active consideration of Committee headed by PGM ( Finance), Corporate office. This committee has been constituted at the intervention of this association and we already have had a number of discussions on this issue with the members of this committee giving them important inputs for resolution of this anomaly.

Writ petition filed by the association challenging 3G policy violation by private operators came up in the bench of Hon. Chief justice of Delhi High Court. Hon. Chief Justice while allowing our impleadment in the PIL already filed in the Court on similar matter issued notices to all the respondents and posted the matter for 11th Jan – 2012.

Seniority in TES Group B: CWP 14817 of 2009 and 17 other connected appeals filed by BSNL: On 25-11-11, Hon Punjab and Haryana High Court at Chandigarh dismissed BSNL’s appeal against seniority in TES Group B as per Rule 206.

The Hon'ble Delhi High Court's double bench dismissed the petition filed by ITSA challenging their repatriation from BSNL on the grounds that their terms & conditions are discriminatory.

The bench imposed a Cost of Rs 30,000 on ITSA.

The Hon'ble judges in the above case were Miss Geeta Mittal &  Shri J.R.Midha. The petition dismissed today was between Akhilesh Trivedi vs Union of India bearing no. 17686/2011. The petition nos. 12817/2006, 13732/2006,14503/2006 and WPC 22789/2005 will be heard on 11th Jan'12.The lawyers in the case were Miss Shikha Roy, Shri Arun Kumar Srivasatav, Shri Shiv Kumar, Shri V.K.Roy, Shri Ravi Chhittri.  Sr Advocate Shri G.D.Gupta appeared on the behalf of petitioners.

MT Case at Pricipal CAT, New Delhi. The case came up today, 25-11-11 for final hearing. Posted to 23^rd Dec as BSNL lawyer sought time.

Communication received by GS from our Council Anand & Company law firm regarding Proceedings relating to writ petition filed by us in Delhi High Court Challenging 3G policy violation and while Came up for hearing on 24-11-11.

“ The Subject matter was lsited today for admission hearing before the Hon'ble High Court of Delhi. Mr. Rajshekhar Rao, Advocate appeared to argue the matter on your behalf. The counsel for Union of India and TRAI also appeared and put their objections to admissiblity of the Writ Petition. The Counsel for the BSNL submitted that there was no allagation or releif sought  against him so he may be deleted. However, after detailed arguments the Hon'ble Court has been pleased to admit the Writ Petition and directed the registry of the Court to connect the subject matter with the pending PIL on the related issue, which coming up for hearing on 30.11.2011. So far as the claim/allagation against the BSNL is concerned, the Hon'ble Court acceded to our request and you have been granted the liberty to amend the Writ Petition suitably. The amendment application and amended Writ Petition shall be soon sent to you for your signatures and be filed. “

The matter is now listed for 30.11.2011.

Writ petition filed by Association challenging 3G policy violation by Vodafone, Airtel and Idea in Delhi High Court admitted after being opposed by counsels of Union of India and TRAI. Single bench of Delhi High Court directs clubbing of the writ petition with PIL filed on similar matter in the bench of Hon’ble Chief Justice of Delhi High Court.

Some minor amends are being made in the writ petition vis-a-vis  total failure of BSNL management to take appropriate legal action against such blatant policy violation affecting BSNL at appropriate forum like TDSAT etc. Bench permitted making these amends. The matter is likely to come up for hearing in the bench of Hon’ble Chief Justice Delhi High Court on 30^th Nov.,11.

Writ petition filed by association challenging 3G policy violation by Airtel, Vodafone and Idea at the cost of BSNL is coming up for admission in Delhi High Court tomorrow (ie.)  24-11-11.

Association files writ petition in Delhi High Court challenging serious policy violation perpetrated by Vodafone, Bharti and Idea by providing 3G services in areas without 3G spectrum by entering into illegitimate roaming agreements strictly forbidden by policy. BSNL is the only casualty of this breach of policy because of its pan India 3G presence, having paid about 60% more 3G spectrum charges than these operators.

UOI through Secy/DOT, BSNL through CMD/BSNL and other three operators are respondents. Association has prayed for penal action against these operators in consonance with provisions of policy and against UOI for its failure to act against these operators. Association is represented by senior counsel Sh. Rajeshwar Rao and the writ petition is coming up for admission within a couple of days.          

Association is also seriously considering of filing another petition in Delhi High court challenging abnormal delay on the part of the government to refund BWA spectrum charges to BSNL after BSNL board was virtually forced by us to decide to surrender obsolete BWA spectrum it was allocated at market price of Rs 8313 crores.

Association has been relentlessly pursuing the matter for the last nine months and finally BSNL Board was compelled to decide to surrender obsolete BWA spectrum after unyielding pressure was built up by this Association. Director (CM)/BSNL board was completely unwilling to decide to surrender the redundant spectrum for reasons best known to him. In fact, last minute positive intervention of CMD forced Director (CM) to reverse his irrational decision and fall in line. We are also continuing hectic political lobbying to force the government to refund BWA spectrum charges to BSNL.        

Court Case on 3G violation: GS along with with junior counsel is having final round of discussions with senior counsel to finalize the draft petition to be filed by Association in Delhi High court challenging violation of 3G policy by private operators, Airtel, Vodafone and idea. This violation of policy is adversely affecting business of BSNL in 3G segment. 

ITS Absorption..Hon  AP  High Court today declined to grant stay.

Case filed by some ITS officers at Hon CAT, Hyderabad: Hon CAT declined to grant stay after detailed hearing for 3 days, ie 31.10.11,01.11.11 and 03.11.11. The case will be heard after 4 weeks.