Page 39 - TELEWAVE JUNE-2016

The Hon'ble Supreme Court on 12.5.2008 passed an interim order for maintenance of "Status quo". In- spite 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. The Contempt Case was heard on 23rd Sept 2013 and disposed-off but next date of hearing is yet to be announced. 147 SDEs seniority case: AIBSNLEA OA 2126/2009 in Principal Bench CAT, New Delhi reference mentioned in the Operative portion of the judgment on 147 SDEs (LDCE Quota) retrospective seniority case as: “We have to remind ourselves, some more are waiting in the wings, watching the proceedings, to jump on at the appropriate time. We cannot, but, record our deep anguish and displeasure at such conduct. We say this, because, the matter has been raised in various Benches of the Central Administrative Tribunal in Chandigarh, Cuttack, Calcutta and the Principal Bench with varying results. We only notice the proceedings pending before the Principal Bench (Judicial I) Delhi of the Central Administrative Tribunal, in O.A 2126/2009 wherein all the 147 merit based candidates are stated to be parties. We have been taken through the order of the Principal Bench dated 21.9.2011 wherein the proceedings pending before the various Benches were noticed, while considering the application for reference to a larger Bench. The Principal Bench has referred to OA No.86/2009 which challenged the seniority of the 147 persons as also the stay order of this Court dated 18.2.2010. The Principal Bench in paragraph 11 held so: Contention raised by the counsel for the respondents before us is that since two contradictory views have been expressed by different Benches of the Tribunal, namely, Ernakulum Bench and Chandigarh Bench, the matter should be referred to the Full Bench. We, however, of the opinion that even if the matter is referred to the Full Bench, no purpose would be served because ultimately this very issue is pending before the Hon'ble High Court of Kerala. Once the Hon'ble High Court of Kerala gives its view, it would be binding not only on the parties but also on the Tribunal unless, it is upset by the Hon'ble Supreme Court or by some other High Court in some other proceedings. At that time the matter can be finally resolved.” BSNL filed an SLP in the Hon’ble Supreme Court along with other respondents. The BSNL has already applied for withdrawal of its SLP. The next date of hearing is 02.09.2016. Further, details are available in the attached Annexure – V. 1966 SDEs reversion case: (a) The CAT, Bangalore ordered cancellation of DoT’s order creating 1966 posts of SDE’s (By up- gradation) 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 CAT 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 Kerala and CAT Ernakulum. The case was heard on 11th August’2008 and finally disposed-off based on Kerala High Court judgment. TELEWAVE 39 JUNE-2016