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CAT MADRAS / OA 834/ 1998. History: Earlier, promotion from JTO to TES Group-‘B’ was regulated by Para 206 of P & T Manual vol. IV, but with effect from 15.6.1966 TES Grp-B R/Rs 1966 and from 7.5.1981 R/Rs 1981 were in force. Due to a series of litigations and to implement Allahabad High Court order of 25.8.1985 on TES Grp-B promotions by following Para 206 of P & T Manual vol. IV, DOT on 18.2.1992, to avoid contempt, compelled to undertake to revise entire TES Grp-B seniority lists as per Para 206. Eligibility lists of all JTOs qualified up to 1991 were prepared. Basing on the same, Review DPCs for those already promoted up to DPC 1990 were held. After the Review DPCs 550 officers, already promoted recruitment year wise, could not be accommodated. To protect their promotions, additional 7700 qualified JTOs were needed to be promoted. DOT was having only 3235 clear vacancies, 944 sanctioned posts and another 885 justifiable posts, totaling 5064 available posts. Balance 2636 supernumerary posts were created on 15.10.1993, borrowed from future vacancies, to overcome the situation. DPCs 1993 and 1994 were conducted and reversion of 550 officers was avoided. Around 3700 left out JTOs qualified up to 1991 were still waiting for their promotion. DPC 18.11.1993 – 2262, DPC 27.5.1994 – 2092 and DPC 3.6.1994 – 3752 total promoted-8106. Meanwhile, DOT promulgated TES Grp-B R/Rs 1996 on 23.7.1996 and submitted an undertaking in SLP No.26071/1996 to fill up all existing vacancies up to 22.7.1996 by the old R/Rs 1981. DOT also assured Service Associations to accommodate all JTOs qualified up to 1991 in the next DPC. To fulfill the above obligations on 15.10.1998, DOT created 1966 supernumerary posts with effect from 15.10.1993 (in addition to 2636 supernumerary already created earlier on the same day) to accommodate all JTOs qualified up to 1991 in the DPC 1998, as assured to Service Associations. Accordingly, on 21.10.1998 it promoted 3629 JTOs all qualified up to 1991. Two main deviations had prompted the 1966 case. 1. DOT was directed to fill up all existing vacancies up to 22.07.1996 by R/Rs 1981. Courts observed that DOT was not coming clean about its vacancy position. In one of the affidavits 4200 vacancies were shown, but, DOT neither firmly sticking to it nor accessing the same, Circle wise. 3629 promotions against 4200 existing vacancies was not a crime. 2. It created 1966 supernumerary posts only on 15.10.1998, after the crucial date 22.07.1996. R/Rs 1996 was in force from 23.7.1996. Any post created on or after this date is to be regulated, only by R/Rs 1996. Posts cannot be created retrospectively. DOT / BSNL Letters and resultant 1966 Court Cases: 23.07.1998-CAT- Bengaluru – OA No. 624/ 1997. Karnataka Circle had promoted 129 Qualified JTOs to SDE on purely local officiating basis. Out of 1. these 129 posts 61 were created before 22.7.1996 and rest 68 were created after 22.7.1996. 2. Unqualified senior JTOs laid their claim on the 68 posts created after 22.7.1996, as per R/Rs 1996. 3. Accepting the claim the Bench directed : “to end the adhoc promotion of 68 Qualified junior JTOs and for subsequent adhoc arrangements, the department would go strictly by the senioritycum-fitness criterion and these 68 incumbents who were given the adhoc promotions, disregarding the seniority of the senior applicants would not be entitled to claim the benefit of such service for the purpose of fixing seniority in the TES Group ‘B’ cadre. 15.10.1998-DOT No. 5-1/93-TE-II DOT promulgated TES Grp-B R/R 1996 on 23.7.1996 and submitted an undertaking in SLP No. 26071/1996 to fill up all existing vacancies up to 22.7.1996 by the old R/Rs 1981 and simultaneously assured Service Associations to promote all JTOs qualified up to 1991 in the next DPC. TELEWAVE 61 JUNE-2016