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       	           While implementing the above judgment DoT has re-casted the seniority of 45 TES Gr. 'B' officers           only whereas, thousands of TES Gr. 'B' officers are to be provided similar benefit. Now TES Gr. 'B'           officers promotions to DE is being issued on the basis of two seniority lists i.e. one on rule-1966 and           another  on  para  rule-206  basis.  It  has  caused  serious  anomaly  and  heart  burn  to  the  TES  Gr.  'B'           officers in BSNL.           Hon’ble Supreme Court in the matter of Civil Appeal 4389/2011, Union of India V/s Sohan Lal Sayal &           ORS passed the historical judgement on 21.01.2015. Hon’ble Supreme Court constituted an Expert           Committee consisting of Hon'ble Shri Justice K. Ramamoorthy, Retired Judge of the High Court of           Madras, the Chairman and Mr. D.P. Sharma, Former Secretary in the Ministry of Law and Justice and           Former Vice Chairman, Central Administrative Tribunal, Principal Bench at New Delhi as the Member.           The  appellant  Department  were  directed  to  provide  all  necessary  details  as  regards  the           officers/employees whose names were found in the 17 Lists drawn in the year 1993 whose rights           have been upheld by the Tribunal and affirmed by the impugned orders of the various High Courts,           as well as, the list of those officers who came to be subsequently dealt with and whose seniority was           fixed  after  2000  i.e.  after  reversing  the  17  Seniority  Lists  of  1993  along  with  all  relevant  Rules,           Regulations and other materials which the Expert Committee wish to call for, for their consideration.           Hon’ble Supreme Court further directed the Expert Committee to ensure that the rights which have           been  crystallized  in  favor  of  the  applicants  in  IA  No.  16  in  CA  No.  4339  of  1992  reported  in  the           judgment of Union of India v. Madras Telephone SC & ST Social Welfare Assn. (2006) 8 SCC 662 as           well as by the judgment in the Contempt Petition No.248 of 2007 reported in Promotee Telecom           Engineers Forum and Others v. D.S. Mathur, Secretary, Department of Telecommunications - (2008)           11 SCC 579, shall not in any way infringed while suggesting the way out for balancing the rights of the           two groups of employees referred to above based on the principles laid down in this judgment.           Hon’ble Supreme Court further directed that let both the groups be represented by a representative           body of not more than two along with their lawyers on either sides in order to ensure that the Expert           Committee is able to deal with the issue without much protraction and confusion apart from the           representation of lawyers on behalf of the appellants. It will be appreciated if the Expert Committee           carries out the exercise and submit its Report to this Court within a period of six months.           The expert committee held several meetings but could conclude its work in the given time frame.                                                           th           The expert committee has sought time up to 30  September 2015 from Hon’ble Supreme Court to           complete its task and fixed the next date of hearing on 28/29.08.2015.           The expert committee will give its recommendations to Hon’ble Supreme Court thereafter, Hon’ble           Supreme Court will pass final orders in this regard. The case will come up in the Hon’ble Supreme           Court in the month of October 2015.           Seniority of competitive quota officers:           a.     Case of the seniority of 147 SDEs of LDCE quota:           BSNL CO P-II section has circulated revised seniority list of competitive quota officers in the court           case O.P. No. 21656/2001 and 37134/2001 titled UOI v/s George Paul and K.C. Jose, wherein the final           seniority list of 147 competitive quota officers who have passed the competitive exam held in the           year 2000/2003. The list is subject to final outcome of writ petition No. 21578/2007, writ petition No.           9256/2007, writ petition No. 17448/2008 and writ petition No. 17449/2007 and other writ petitions           in the matter in different high courts. AIBSNLEA filed SLP in Principal Bench CAT, New Delhi / CAT           Ernakulum  against  147  SDEs  seniority  case  given  on  retrospective  date.  Hon’ble  CAT  Ernakulum           quashed the seniority of 147 SDEs and Hon’ble Ernakulum High Court dismissed the appeal of BSNL           and  147  SDEs.  Now  the  case  applicants  have  applied  in  the  Hon’ble  Supreme  court.  SLP  (C)  No.           32284/2013 Mamnoj Kumar Tripathy & Ors. Vs. Union of India & Ors and SLP (C) No. 27072/2013           Rupendra Pathak & Ors. Vs. Union of India & Ors.; all these matters were listed on 28.10.2013 for           TELEWAVE                                   Page-30                                   AUGUST-2015
       
       
     





