Page 31 - TELEWAVE AUGUST-2015
        P. 31
     
       	           hearing before this Hon’ble Court since first two matters were listed first time therefore the Hon’ble           Court simply passed same order as was passed in Rupendra Pathak on 28.10.2013 by issuing notice in           the Special Leave Petition as well as interim relief but no interim relief is given. In the stay application           I.A. No. 6 in SLP No. 27072 of 2013 filed in the matter of Rupendra Pathak only notice is issued no           interim relief is given even though the counsel of the petitioners strenuously insisting that the official           respondents are going to revert them so order of the Hon’ble High Court of Kerala be stayed and/or           status quo be maintained, but Hon’ble Court has not passed any order and the case is posted for                         rd           hearing on 23  Sept., 2014.           b.     Case of the seniority of 270 SDEs of LDCE quota:           Civil appeal No 3149 of 2009 is pending in the Hon'ble Supreme Court against the judgment and           order dated 2.4.2008 passed by Hon'ble High Court of Madras in a W.P.(C) No. 21961 of 2001 by           which the Hon'ble High Court has dismissed the writ petition filed by BSNL and confirmed the order           of  CAT  Madras  quashing  the  seniority  list  assigned  to  270  SDEs  vide  order  dated  1.2.2001  and           directed for re-drawing this seniority. The Hon'ble Supreme Court on 12.5.2008 passed interim order           for maintenance of "Status quo" inspite of the said interim order BSNL issued promotion order for           the posts of DGM to 172 DE/AGM out of 270 SDEs on 8.2.2012. Contempt petition no. 403 of 2012           was filed by promote Sh. M. Shamugam for initiating contempt processing against contemnor CMD           BSNL and other officials of BSNL. The said contempt petition no. 403 of 2012 was listed before the           Hon'ble Supreme Court on 26.7.2013 and the Hon'ble Court issued show cause notices and directed           for personal appearance of contemnors CMD, BSNL, Director(HR) and AGM (Pers.) of BSNL. In this           contempt petition, contemnors CMD BSNL, Sh. A.K. Garg, Director (HR), BSNL and AGM(Pers.), BSNL           C.O. were directed to appear before the Hon'ble Court at the time of issue of show cause notice on           26.07.2013.This matter after notice was listed for hearing on 23.09.2013, all the contemnors stated           in para supra were present in the Hon'ble Court since the respondents had filed counter affidavit           after 16.09.2013 therefore the Petitioner sought time to file rejoinder affidavit. The Hon'ble Court           granted time to file rejoinder affidavit and dispense with the appearance of contemnors during the           hearing of contempt petition. The next date of hearing is yet to be decided.           The TES Group –‘B’ seniority lists no. 6 and 7 were quashed by Hon’ble High Court Chandigarh against           that BSNL has filed SLP in the Hon’ble Supreme Court which is dismissed by the Hon’ble Supreme           Court and accordingly the list number 6 & & have been revised against that again a case has been           filed in the Principal Bench of CAT New Delhi.           3.3    1966 SDEs reversion case:           (a)    The  CAT,  Bangalore  ordered  cancellation  of  DoT’s  order  creating  1966  posts  of  SDE’s  (By           upgradation)  after  the  last  revision  of  TES  Group  ‘B’  recruitment  rules  (mainly  abolishing  the           qualifying examination), which were added with the vacancies available prior to revision of the above           stated Recruitment Rules to hold the October 98 DPC for promotion from JTOs to TES Group ‘B’. The           CAT  also  ordered  to  revert  those  from  Karnataka  Circle  who  were  promoted  in  excess  of  the           vacancies available in that circle. The second part of the judgment got implication on the entire DPC.           In accordance with the court judgment DoT issued revised seniority list of TES Group ‘B’ officers.           AIBSNLEA filed case in Delhi High Court against reversion and accordingly Delhi high Court granted           stay order against posting reversion.           (b)    In the 1966 SDEs reversion case filed by our members in Ernakulum and Kerala High Court,           Hon’ble Courts has quashed the reversion order issued by DoT. The case was heard on 27.08.2007 in           Hon'ble Delhi High Court. The last hearing was on 13th May'2008. On the date of hearing in Delhi           High Court, DoT/BSNL Management submitted the copy of the decision of Hon’ble High Courts of                                                            th           Kerala  &  Ernakulum.  The  case  was  heard  on  11   August’2008  and  finally  disposed  off  based  on           Kerala High Court judgment.           TELEWAVE                                   Page-31                                   AUGUST-2015
       
       
     





