Page 13 - TELEWAVE JULY-2016

effect from 1.10.2000. Consequent to this, as per reference (2) above, it was agreed to absorb those who have qualified in the test in BSNL service. As a result Group C&D employees who appear for any promotional examination whether direct or departmental and qualify in such examination/outsiders coming through direct recruitment process, would rank junior to all the other employees in the promotional cadre who had already been qualified in earlier examination even though they get absorbed in BSNL subsequently. While the agreement was in force, BSNL started direct recruitment of JTOs as per 2001-JTO Rule. Only 50% posts were filled by external candidates. Declaration was obtained from them as stipulated in the above agreement. But during DOT period, those who had passed the test as per 1996 Rules were regularized from 2001 at the rate of 500 post per year. From the year 2004, those who had passed the test as per 1996 Rules were given training and made them officiating. Vacancies were filled by promoting the officiating JTOs at the rate of 500 per year. Following Kerala High Court's direction, pay of the officiating JTOs were fixed as per FR 22(1) (a) (i). Till 2007 the officiating JTOs were being regularized at the rate of 500 per year and a total of 3500 were promoted so far. The process of officiating the remaining 2500 was being continued. Internal recruitment was started in 2013 as per 2001 Rules. Most of the officiating JTOs were not eligible for participating in the test. Though there were eligible TTAs who had passed the test based on 1996 Rules, they were denied promotion and TTAs recruited by BSNL after 2003 were given promotion benefits. Vide Ref. (3) above, while implementing the 2nd IDA Pay revisions from 1.1.2007, officiating JTOs were granted pay at par with the regular JTOs. 2014 JTO Rules were announced on 14.10.2015. As per these Rules, regularising officiating JTOs was started. However, as per Ref. (4), even though there were orders that the Officiating JTOs should not be reverted, they were reverted to substantive cadre, again given JTO training and started regularizing them as per Ref. (5) above. Further, action was initiated to curtail the pay being drawn by them. Even after enjoying FR. 22(1) (a) (i) fixation continuously for 11 years, the officiating JTOs were not granted NEPP or EPP during their service. JTO cadre fixation is being made afresh by ignoring the services of JTOs who have enjoyed 11 annual increments. Based on JTO Rules 2014, internal test for 2013-14 year was conducted on 22.5.2016. It is seen that 2015- 16 vacancies are utilized for regularizing the officiating JTOs. We are suffering this negligence for the past 15 years. Therefore, we request that a permanent solution to the problem may be made by resorting to regularize JTOs officiating period with FR 22(1) (a) (i) and grant grade promotion to them. We may emphasize that in view of the regularization being questioned in several Courts in India, the only resolution to this problem is to regularize the officiating period of JTOs. The Chennai and Mumbai CATs have made it clear that the officiating JTOs are eligible for regularization from 2000-2001 onwards. It is requested that immediate action may kindly be taken on the matter. With kind regards, (Copy endorsed to: 1.The GM (Estt), BSNL Corporate Office, New Delhi for kind information & necessary action please) No. AIBSNLEA/Director (HR)/2016 Dated:21.07.2016 (Addressed to Mrs. Sujata Ray, Director (HR/Finance), BSNL Board, New Delhi -110001) 3. Subject: Arbitrary move towards JTO (Offg.)-Reg . Reference: BSNL CO.L[No.3/GENL/LICE/JTO (tO/Estt (IV) dated 23.6.2016 Kindly refer to the above cited Hon'ble CAT Jodhpur bench judgement endorsed by the Corporate Office New Delhi, wherein it is instructed that all such promotes (Officiating JTO's, regularized as per provisions of new JTO (T) RR-2014) are informed of the existence of this OA, so that they can, if they want to get themselves, be impleaded. Judgement pronounced by Hon'ble CAT Jodhpur bench is not correct and it is in clear violation of JTO RR-2014 and an attempt to sabotage the very genuine absorption process of Officiating JTOs. The JTO RR -2014 has been formulated mainly for the regularization of Officiating JTOs TELEWAVE 13 JULY-2016