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21.07.2003-CAT – Bengaluru-OA No. 1031/ 2001, 849/ 2002. 1. DOT submitted an undertaking: “the final seniority list 28.03.2001 will undergo changes in view of supplementary examinations as directed by Kerala High Court judgment. Thus, it would be pre mature to state that those 68 officers (1966) would be rendered junior to the applicants” 2. “In the facts and circumstances, the relief as sought for by the applicants in these OAs cannot be granted and the OAs are accordingly dismissed. However, it is open to the applicants to seek promotion to TES Group-‘B’ on the basis of final seniority list of TES Group-‘B’ officials which the respondents are directed to finalize within six months from the date of holding Special Supplementary Qualifying-cum-Competitive Examination.” 02.09.2004-CAT-BG-MA No. 305/ 2004 in OA Nos. 1031/ 2001, 849/ 2002. As per this order of CAT, an IA has been filed before the High Court of Kerala seeking clarification whether the stay of promotion against 33 1/3% quota will in any way stand in the way of the Department considering and fixing the seniority and further promoting, especially the applicant in obedience to the direction of the CAT Bangalore Bench. 01.11.2004-CAT-BG-MA No. 305/ 2004 in OA Nos. 1031/ 2001, 849/ 2002. The Bench directed to produce the copy of the order of the High Court of Kerala and make submissions if any. The order of High Court of Kerala is still awaited. 11.11.2004 – DOT No. 15-16/2000 – STG-II 1. (Back Ground) On 01.11.2004, when the seniority list was not finalized and this Bench decided to summon Secretary, DOT, on 22.11.2004, the department hurriedly passed order on 11.11.2004 and once again, reverted those 1966 SDEs and made it subject to the final outcome of the Kerala High Court judgment. 2. Consequent upon cancellation of the order for creation of 1966 posts of TES Group ‘B’ vide DoT order No. 5-1/93-TE-II dated 06.10.2000, 1966 officers of TES Group ‘B’ as per the list enclosed promoted by DoT order No. 2-7/98-STG-II dated 21.10.1998 are reverted to JTO grade and accordingly, their names are deleted from seniority list No. 1 to 5 of TES Group ‘B’. The seniority list No. 1 to 5 is modified up to this extent. 01.02.2008-HC-Kerala/Ernakulam-WP(C) Nos. 8245, 9634, 19129/ 2005, 13155/ 2006. 1. DoT had submitted in the Court that, as on 22.07.1996, 4200 vacancies were available and only 3629 were promoted. 2. The recruitment rules governing appointment to the said post were amended with effect from 22.07.1996. It is common case that the vacancies which arose before the said date were to be filled up in accordance with the erstwhile recruitment rules issued in 1981. 3. DOT order dated 11.11.2004 on cancellation of all promotions vide DPC 1998 is not justified, so, quashed. 4. It is clarified that, if there is dearth of vacancies as on 22.07.1996 to accommodate all promotes, the excess junior hands can be reverted. 01.04.2008 – BSNL No. 15-41/2005-Pers.-II Clarification sought by BSNL from DOT on Kerala High Court order dated 01.02.2008. 17.04.2008 – DOT No. 15-4/2005-STG-II & 05.05.2008 – BSNL No. 15-41/2005-Pers.-II Since interim stay has been granted by different High Courts in similar matters, an MA may be filed before High Court of Kerala for extension of time to adjourn sine die the implementation of the judgment till similar WPs pending in different High Courts are disposed of. 11.08.2008-HC-Delhi – CWP Nos. 12584–614, 17637–40/ 2005. DOT accepted the Kerala H C orders of 01.02.2008 and consequential actions would be taken in due course. DOT order dated 11.11.2004 is quashed and no reversion shall take place. 12.08.2008-HC-Himachal Pradesh/ Shimla-CWP 305, 644, 695/ 2005, 560/ 2006. TELEWAVE 63 JUNE-2016