BSNL Mgt can’t carry on promotions from JTO (T) to SDE (T) under 67% quota without the leave of the Hon’ble Central Administrative Tribunal, Ernakulum

our Direct Recruits in Kerala filed a case on the preparation of All India Eligibility List for the promotion of the SDE (T) in seniority cum fitness in the Hon’ble Central Administrative Tribunal of Ernakulum the case was listed today and the Hon’ble Tribunal Issued the interim injunction order on the promotion in the seniority cum fitness. Now BSNL Management cannot carry on promotions from JTO (T) to SDE (T) under 67% quota without the leave of the Hon’ble Central Administrative Tribunal, Ernakulum. Order copy will be uploaded soon.

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Roster Case Update

The Roster case filed by the legal team members is dismissed by the Hon’ble High Court of Madras; The Outcome is very unfortunate for the Direct Recruits, we are not satisfied with the results, we are in the process consulting the retired chief justice further filing appeal in the Apex Court and also this time we are also seeking prominent social welfare organization to support us for taking up the matter in the media as well as political circles.

“Defeat is not the worst of failures. Not to have tried is the true failure”-

George E. Woodberry

The efforts taken by the legal team was noble one, its intended to give best to its fraternity at least we tried and attempted despite several discouragement and adversary from within and outside. We all know that stay in this case was granted in the first hearing itself and not vacated more than two years despite several efforts by the BSNL and SNEA advocates but final order was quite unsatisfactory. Further this case was filed by the committed individual as well as the TN, CHTD and Kerala Circle Chapters of AIGETOA. The AIGETOA constitution is being a federal in nature; empowers the circle executive bodies to decide and also file court cases by the Circle Secretaries and it does not warrant any ones approval.

“Before success comes in any man's life he is sure to meet with much temporary defeat and, perhaps, some failures. When defeat overtakes a man, the easiest and most logical thing to do is to quit. That is exactly what the majority of men do”.- Napoleon

We will not give up our efforts we will fight until we achieve our objective of better careers for our direct recruits. 

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“United Nations” -Office of Legal Affairs Invites our All India President

We all know our All India President is currently pursuing his higher studies in Law to assist and help our Direct Recruits in the legal matters. From the inception of his studies in Law, he is consistently being recognized by various legal forums for his commitment and wisdom in legal matters. Now as a recognition to his hard work and commitment; Our AIP is invited by the “United Nations Office of Legal Affairs” to take part in Prestigious “Sir Williem C Vis International Commercial Arbitration Moot Competition” to be held at Vienna International Centre, International Trade Law Division (UNCITRAL Secretariat), United Nations Office of Legal Affairs, A-1400 Vienna, Austria. Our All India President was selected after the rigorous selection rounds held in the Dr. Ambedkar Govt Law College, Chennai.  

 

Click here for invitation

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Important Message to DR’s:

It’s reliably learnt that one of the promote association is collecting the legal fund in the name of Child Care leave from our members. It is to be noted Child Care Leave is pursued under the umbrella of united forum there is no need for a single entity to claim the credit for wholesome efforts of all the unions. Such collected money utilized only against the DR’s in Court cases pending in various forums, members are warned to not make any payment to the promote association for its folly. In case any undue force of any members can be brought to the notice of the CS/DS of the association for the suitable action.

BSNL Corporate Office Issues Directions for the DPC:

The BSNL Co is very keen to make promotions in the promotion quota, Every week there is an direction or some clarification on the DPC from JTO(T) to SDE(T), but as per our records available there is no vacancy left in the promote quota we already exhibited to our members. ( Click Orders)

“Future belongs to those who prepare for it today” – Malcom X

In the past we have taken several independent efforts for the welfare of the DR community at large in the form of several court cases, approaching the parliamentary committee etc. But many successful efforts of this association are not supported adequately by many members.  We recently delivered two important judgments from the judicial forum.

1.      3 years eligibility for the entire DR to appear in the LDCE through SDE reversion case, many our younger batches (2007 batches onwards) are benefited if the judgment is enforced.

2.       Mark Relaxation Case where the failed SC/ST members of 2001 batch can become SDE(T) under the LDCE 2007 by getting relaxation in marks by 20 Marks for SC and 15 Marks for ST. Nearly 1000 backlog vacancy are left unfilled in the 2007 LDCE if the judgment is enforced, the benefits are enormous which are listed below

a.      The minimum year of vacancy will be 2005.

b.      The Seniority according to the roster points will enable the STS promotion at an early stage. i.e Faster than the 2006 year of vacancies.

c.       The Notional Pay Fixation starts from Sixth Month of the date of Exam which means each person will get benefit of Rs 3000/- to Rs 4000/- Increase in Pay.

d.      Similar relief can be sought for the 2012 LDCE failed candidates since there are large vacancies are left unfilled.

Let’s learn from the ITS officers despite severe opposition they survive against the wave of public opposition, judicial orders etc. They simply survive because they prepared for the future by today itself, their leadership is supported in unison; we DR claim to be educated, knowledgeable etc need to learn from these ITS cadre how to plan and progress despite many hurdles.

We are appealing to the members to support us in pursing there cases to reach logical conclusion to deliver maximum benefits.  

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Roster Case Update:

The Roster Case filed by our legal committee members is listed for the final hearing. The BSNL in surprise move engaged a senior counsel from Supreme Court. However our legal team is fully prepared and countered the move of BSNL in a appropriate way, while the Miscellaneous Petition filed to modify the stay order was argued by the BSNL Senior Counsel was turned out to be a “sue motto contempt” observations from the Hon”ble Judges of 2^nd Bench of the Hon’ble High Court. The Hon’ble Lordships was not happy with the contents of the petition filed by the BSNL. Asked BSNL counsel to resubmit the Misc Petition with apology else face the contempt proceedings including the BSNL counsel.  The Senior Counsel pleaded apology and assured the officer who filed the affidavit will personally appear to tender the apology; On submission of the same Hon’ble Judges agreed to hear the matter post lunch session.

On one side the BSNL management is stopping all the allowances and another side they are engaging the Senior Counsels from Supreme Court, now question raise how BSNL bore such huge expenses for the engagement of the high profile lawyers for cases against the DR’s and another side claims there is no money to pay genuine expenses of the employees; definitely this is a question for the moot.

The legal team also engaged the Senior Counsel who presented the case in best possible way and BSNL countered that this roster case was a proxy case filed by the direct recruits to achieve ulterior objective of halting the promotions. The hearing of the matter went for almost 2 hours and hon’ble Judges ordered the Judgment reserved.  It is to be noted that this case was filed by our legal team with the help of TN, Chennai, Kerala Circles and some committed members. Further details will be uploaded once the judgment is pronounced.

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Roster Case Update:

The roster case was filed by our legal team member’s came up for final hearing at No.2 Bench of Hon’ble High Court of Madras; It is to be noted the case was listed for almost every day from the month of Jan 2013. Yesterday BSNL has filed a Miscellaneous Petition seeking modification of the Interim Injunction granted by the Hon’ble High Court. It’s likely the hearing will come up for next week. 

Click here for the Copy of MP filed by the BSNL

BSNL mentioned in the petition that the services of the BSNL is affected due to the non posting of the SDE (T) and also mentioned that the LDCE posting round the corner, the stay needs to be modified for the equity.  We all know its lied that the promotions are not in effect despite stay order the promotion order were implemented and also posting orders are given now a petition with false information is filed before the hon’ble court. It is requested all the members are to collect the details of the posting orders issued to the JTO to SDE (T) Promoted by the Order issued dated 30.03. 2011, so that we will bring it to the knowledge of the court the contemptuous act of BSNL despite the Interim Stay Granted by the Hon’ble High Court the promotion orders are effected and now pleading on false grounds we will also seek a case of perjury against the BSNL during the proceeding of the case.

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The Act of BSNL Management is held to be illegal and unlawful as per the order of Hon’ble Central Administrative Tribunal, Madras Bench.

The operative portion ( Ratio Decidendi )  of the  Hon’ble Central Administrative Tribunal, Madras Bench pronounced orders  on LDCE Reversion Case is as follows:  

“…. The Crucial date for determining the eligibility shall be 1^st July of the year which the vacancies pertain ( emphasis added) is not justified based on any statutory order  or rules  and the applicants are entitled to take part in the examination held on 15.07.2007 as they already completed 3 years of service as on 1.07.2007 according to the RR.  Thus the impugned show cause notice  is against the RR …and the consequent show cause notice dated 20.9.2010 are held as illegal and unlawful. Accordingly we quash and set aside the same and the OAs are allowed …..”    Click here for the Order

Such sharp observation from the judicial forum against BSNL is warranted for its lack of good administration and governance of the human resource affairs.

We already intimated that our legal team has won the case for the SDE’s who qualified in the last LDCE.  The main issue to be contended in this case is the eligibility of the 2002 batch of DR JTO’s, in last LDCE the 2002 batch was not allowed to participate in the LDCE  though they already completed 3 years of essential service as JTO on the day of the exam, only in Maharashtra some DR’s from 2002 were permitted. As a result some DR’s from the AP circle filed an OA in CAT Hyderabad praying to conduct the special exam for the 2002 batch. The Hon’ble CAT Hyderabad has given some directions to the BSNL management which was not complied with; instead, in order to overcome the said case the BSNL Corporate office has issued the directions to the field units to start the reversion process of the DR’s who did not completed the 3 years of service for the vacancy year of the LDCE. As a result many DR from 2001 batch are also affected due to the different training dates.  The TN circle in fast track manner acted on the BSNL Co letter is issued the show Cause Notices to the SDE’s of 2001 batch, by the pro active approach leaders (CS/CP) of TN and Chennai under the guidance of our All India President and Org Sec (CHQ) pursued the case to succeed the case in favor of our DR’s , this order also covers the 2002 batch SDE  where the issue is not 2001 or 2002 but 3 years required service for the DR to appear in the LDCE.

The clause in column 12 of SDE RR has caused much confusion in subsequent LDCE like 2005 batch eligibility etc. Now this order from the Hon’ble Central Administrative Tribunal has put to end the entire ordeal for the DR’s. From this order it can be clearly inferred that from next LDCE entire 2007, 2008 and 2009 also can claim the eligibility to appear in LDCE for the promotion to SDE(T)since many of them completed 3 years of service as JTO’s the ambiguity surrounding this year of vacancy year for calculation of eligibility is removed by this order. This order is very useful for the entire DR community especially the DR’s from 2007 onwards for their quick promotions under the LDCE quota.

Please join us once again to congratulate the legal team of TN and Chennai for the commendable efforts.

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