Page 64 - TELEWAVE JUNE-2016

These cases are squarely covered by the Kerala High Court order dated 01.02.2008 in WP(C) 19129/2005. Till implementation, the parties shall maintain status quo to balance the equities. 09.03.2009 – BSNL No. 15-48/2005-Pers.(DPC) 1. It is decided to cancel the reversion of 1966 TES Group-‘B’ officers and restore their seniority in SLs 3-5 in supersession of the order dated 11.11.2004 and regulate their promotions with effect from 21.10.1998. 2. In order to give effect to the decision, the Management Committee of BSNL has approved creation of 1369 supernumerary posts of TES Group-‘B’ for the period 21.10.1998 to 25.04.2000 vis-à-vis 1966 abolished posts earlier created on 15.10.1998. 09.07.2010 – CAT – ERK-OA No. 702/ 2009 The judgment dated 01.02.2008 cannot be understood as validating the promotions dated 21.10.1998. There was a direction in the judgment to reassess the actual vacancies and to 1. Accommodate promotes to the extent of available vacancies. 2. The respondents had passed the prescribed qualifying examination in accordance with R/Rs 1981 and were eligible for promotion against the vacancies which arose prior to 23.7.1996. 3. The respondents were promoted in 1998 when to rectify a factual error in assessing the actual requirement of posts of TES Group ‘B’ for implementing the judgment dated 20.02.1986 in P N Lal’s case to avoid reversion of 550 officers, 1966 posts of TES Group ‘B’ were created with retrospective effect from 15.10.1993. 4. 3629 promotions were made against 4200 existing vacancies which arose prior to 23.7.1996 and not against the 1966 posts which were cancelled. 5. The Bangalore Bench of CAT observed in O.A. No. 946/1998 that "From the way the impugned order dated 15.10.1998 has been passed, the inference that the decision is taken on a superficial basis and to suit a particular situation without realising the implications in that regard is inescapable.” 6. It is an administrative lapse that the creation of 1966 posts with effect from 15.10.1993 is linked with the promotions of qualified JTOs in 1998 against the vacancies prior to 23.07.1996. This will not confer any right on the applicants to claim seniority over the party respondents or provide valid ground to challenge the promotions of the respondents in 1998 because the respondents were qualified for promotions under the Recruitment Rules of 1981. 7. Total number of existing vacancies was determined to be 4200 as on 22.07.1996 out of which only 3629 vacancies were filled up by order dated 21.10.1998. Therefore, the creation of 1966 posts or abolition of those posts does not affect the promotion of party respondents. 8. The party respondents are not liable to be reverted or counted against the supernumerary posts as their promotion to TES Group-‘B’ on 21.10.1998 against vacancies prior to 23.07.1996 remains valid. As the respondents are promoted against regular vacancies prior to 23.07.1996, their questionable accommodation in supernumerary posts does not confer any benefit on the applicants, none of whose rights was adversely affected in the year 1998 by the promotion of respondents on 21.10.1998. 9. The official respondents could have introduced the Recruitment Rules, 1996, after promoting those JTOs to the TES Group-B, who are eligible for promotion in accordance with Recruitment Rules, 1981. 10. The utter failure to ascertain the actual number of vacancies at any given point of time and the clumsy creation of posts as an easy way out, do not bring any credit to the official respondents. 11. The instant case is built upon the assumption that there were no regular vacancies against which the respondents could be promoted to TES Group-A in accordance with Recruitment Rules, 1981. This assumption not having been proved, the O.A. fails. 25.01.2012 – CAT-Bengaluru-OA Nos. 227, 309, 399, 440/ 2009. 1. Court distinguished the two conflicting groups as Qualified Juniors and Unqualified Seniors. 2. On 21.10 1998, the department promoted 1966 Qualified JTOs after creating those many supernumerary TELEWAVE 64 JUNE-2016