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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
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