Our G.S Letter to DIRECTOR [HR] reg., JTO TO SDE Promotion

SNEA(I)/CHQ/DIR(HR)/2012-14/24                 Dated 02^nd December, 2013.

To

            Sh A. N. Rai,

            Director (HR), BSNL,

New Delhi.

Sub:- Very casual handling of Court cases related to JTO to SDE promotions by CGMT/Kerala Circle inordinately delaying issuing of promotion orders -

Sir,

The preparatory work for JTO to SDE promotion started 1 ½ years back and almost all the ACRs and VCs have been received by BSNLCO after strenuous efforts and persuasion by this Association. It is pertinent to mention here that JTOs recruited for the year 1995 are still waiting for their promotion to TES Gr B even after 17 years, despite the fact that more than 3000 unfilled TES Gr B posts as on 31^st March,12 are available in seniority cum fitness quota.

In the meantime, a court case has been filed in the Hon CAT, Ernakulam, challenging the criterion for preparation of All India eligibility list by some individuals. Hon CAT has Given An interim direction on 18.04.2013 “--, it is appropriate to permit the Department to go for finalization of the seniority list in accordance with law, but the same shall be executed for the purpose of promotion, whether ad-hoc or regular, save the leave of the court” since BSNL counsel didn’t oppose at the time of admission of the petition granting of interim injunction questioning the criterion for preparation of All India Eligibility list of petition strongly.

A similar petition filed in the Hon CAT, Madras in 2009-10 questioning the criterion of preparation of All India Eligibility list of JTOs on similar grounds stands dismissed after detailed arguments and intervention by this Association. Citing comprehensive order passed by Chennai CAT which has attained finality, it was not at all difficult for BSNL counsel to restrain Ernakulam CAT from passing an interim injunction, provided BSNL had acted in time and with due seriousness. What needs to be viewed very seriously is the abject failure of Kerala Circle to file an application for vacation of interim injunction despite repeated reminders from our Assn, Kerala Circle. There has been inexplicable and prolonged delay by the Personnel Section of BSNLCO in finalizing the reply to the petition send by Kerala Circle which resulted in filing of reply by Kerala Circle without the vetting of BSNLCO in the first case.  

In the meantime, another case, with identical plea, was filed and both the cases were clubbed and came up for hearing/admission on 07.11.2013. BSNL was given 2 weeks time to file the reply in the second case. Since the cases are identical, the reply also should have been the same and could have been filed very easily in time. This Association has also impleaded to justify the legitimacy of criterion being adopted for decades together by erstwhile DOT and BSNL, based on administrative instructions and this criterion for preparation of All India Eligibility list has been conclusively endorsed by Chennai Tribunal after detailed arguments.    

Both the cases were listed for arguments on 29.11.2013. We brought these facts to your kind notice on 27.11.2013 and sought your personal intervention to prevail upon CGM/Kerala to take timely action by filing an application for vacation of interim injunction as well as reply to both the petitions. Even though you were prompt enough to direct CGM/Kerala to act expeditiously, but nothing really happened as far as filing of application for vacation of interim injunction by Kerala Circle is concerned. Earlier, the matter was brought to the notice of the GM(Estt) who also took prompt action by asking CGMT/Kerala Circle to take necessary actions. What needs to be thoroughly investigated is as to why no application seeking vacation of interim injunction and reply to the second OA has been filed by Kerala Circle despite your timely intervention and that of GM(Estt). This casual behaviour and failure of CGM/Kerala, who should have been personally and very closely monitoring the follow up actions, is abnormally delaying holding of DPC from JTO to SDE cadre.  

So your kind personal intervention is yet again solicited to direct CGMT/ Kerala Circle to:

a)     File the reply in the second OA with all the relevant facts which are not mentioned in the reply submitted in response to first OA.

b)     Immediately file an application for vacation of stay/injunction and an MA for early hearing along with the reply to  second OA and not wait for 6 weeks time granted by the Hon Court, and

c)      Direct CGMT/Kerala Circle to engage senior counsel for defending the case.

d)     If required, depute some officers from BSNLCO to Kerala Circle to monitor the follow up actions since Kerala Circle has miserably failed in defending the case.

With regards,

(K. Sebastin)

Copy to:

1.     Sri. R. K. Upadhyay, CMD/BSNL for information please.

2.     Sri. M S S Rao, CGMT, Kerala Circle.

3.     Sri. S. S. Aggarwal, GM(Pers), BSNLCO for information and n/a please.

4.     Sri. R. K. Goyal, GM(Estt), BSNLCO for information and n/a please.