Page 29 - TELEWAVE AUGUST-2015

1592 of 2012 filed by BSNL against the order of Hon'ble CAT Ernakulum in OAs 109, 110, 236 & 241 of 2011(filed by Sethumadhavan & others) which directed BSNL to fix the pay of the seniors at par with the juniors drawing more pay. The Hon'ble Court also observed the unconstitutional part of the condition incorporated in the pay fixation criteria which prohibits complaining against anomalies. Court also commented that such condition is very primitive and against the fundamental rights. As the applicants in the OAs have already filed petition for contempt of court against BSNL, the Hon'ble Kerala High Court allowed three months' time for BSNL to implement the orders passed by CAT” but BSNL has filed SLP in the Hon’ble Supreme Court in this regard. AIBSNLEA got impleaded in the case and got the judgement with a direction to BSNL CO for consideration. Now pursuing BSNL CO Pers cell for allowing stepping up of pay. • Amendment in BSNL MSRRs allowing Diploma holder SDEs(C/E/Arch) to the promotion of EE: As per these BSNLMS RRs, the existing JTOs/SDEs (C/E/Arch) Engineering wings having diploma qualification were not eligible to be promoted to the grade of Assistant General Manager EE/Arch. AIBSNLEA strongly protested against this discrimination and finally BSNL Management issued amendment on BSNLMS RRs allowing Diploma holder SDEs (C/E/Arch) to the post of EE as per 1994 DOT RRs. We have again pleaded to remove discrimination on the pretext of degree/diploma qualification to the promotion of EE from SDE (C/E/Arch) and parity with the JTO (T) / SDE (T). On our persuasion a committee comprising GM (Pers.), PGM (BW)/(EW)/(Arch) was constituted to examine the issue. We submitted our views to the committee members. The committee has submitted its recommendations to the Management Committee which has cleared the proposal. The BSNL Board approval is still awaited on 50-50 % EE(C/E) Posts to the Degree and Diploma holder SDEs (C/E).But meanwhile DOT has endorsed the Honb’le PB CAT Judgement allowing Diploma holder SDEs (C/E) having 10 years technical experience for the promotion of EE (C/E) with our great persuasion BSNL Management has issued administrative order for its implementation which has been ratified by BSNL MC and BSNL Board approval is awaited. Now the CPCs to fill up vacant EE(C/E) posts have been initiated. 3.2 Serious anomalies in the TES Gr. B officers’ seniority lists: The seniority of TES Gr. 'B' officers in DoT were revised based on the Hon’ble Supreme Court Judgments wherein prior to 1993 the seniority of TES Gr. 'B' officers was based on according to the year of recruitment (Rule-1966) but in 1993 as per Hon'ble Allahabad High Court judgment upheld by Hon'ble Supreme Court the seniority of TES Gr. 'B' officers was re-casted that those who qualify in the Deptt. Exam earlier were entitled to be promoted prior to those who qualified later irrespective of the year of initial recruitment. It was held that para 206 of the P&T manual was not in conflict with either the rules of 1966 or 1981 but was supplemental to those rules. Relief was accordingly granted to petitioners based on para 206 of P&T manual. Later on Hon'ble Supreme Court CA No. 4339 of 1995 dated 13.02.1997 and CA No. 4339 of 1995 dated 26.04.2000 judgment stated that Statutory RR have come into once force the earlier administrative instructions contained in para 206 cannot be adhered to. The view of the Allahabad High Court has reached its finality, because of the dismissal of SLP No. 338486 of 1986 on 08.04.1986 on merit. It was made clear that the persons who have already got the benefit like P.N. Lal and Brij Mohan by virtue of the judgment in their favour, they will not suffer and their promotion already made will not be affected by this judgment. Again Hon'ble Supreme Court CA No. 4339 of 1995 dated 28.09.2006 and CP civil No. 248 of 2007 in CA No. 4339 of 1995 dated 25.03.2008 in the judgment directed the respondent that they shall rearrange the seniority in terms of the principals laid down in P.N. Lal's case restoring their earlier position and shall not put any employee over and above the present petitioners on the basis of the seniority in the service in the entry year. TELEWAVE Page-29 AUGUST-2015