Central Administrative Tribunal - Chandigarh
P S Dipta vs Bharat Sanchar Nigam Limited on 4 February, 2025
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CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
CIRCUIT BENCH AT SHIMLA
O.A.No.063/288/2011
Order Reserved: 22.11.2024
Order Pronounced: 04.02.2025
HON'BLE SHRI RAMESH SINGH THAKUR, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
P.S. Dipta, s/o Late Sh. H.N. Dipta, working as General
Manager (Administration), O/o Chief General Manager
Telecom, Himachal Pradesh, Shimla.
...Applicant
(Advocate: Sh. S.M. Goyal, Sr. Adv. with Ms. Aashima Premy)
VERSUS
1. Union of India through Secretary to Government of India,
Ministry of Communication and Information Technology,
Department of Telecom, 20, Ashoka Road, Sanchar
Bhavan, New Delhi.
2. Bharat Sanchar Nigam Limited through its Chairman and
Managing Director, Bharat Sanchar Bhawan, Harish
Chandra Mathur Lane, Janpath, New Delhi.
...Respondent(s)
(Advocate: Sh. Anshul Bansal, Sr. Adv. with Sh. Ankit
Chandel for R-1, Sh. Rajiv Jiwan, Sr. Adv. with Sh. K.K.
Thakur, Sr. Panel Counsel, Sh. Yug Singhal & Sh. Hitender
Verma for R-2)
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ORDER
Per: RAMESH SINGH THAKUR, MEMBER (J):
1. The present Original Application has been preferred seeking issuance of directions to the respondents to consider and promote the applicant to the post of Chief General manager/Principal General Manager/ Senior General Manager being fully eligible for such promotion in terms of 'BSNL Management Service Recruitment Rules, 2009' (for short 'BSNLMS') issued vide BSNL Corporate Office, New Delhi No. 400-106/2007-pers I dated 14.07.2009 (Annexure A-10) w.e.f. 11.06.2009 i.e. the date of effect of above Rules and the eligibility of the applicant for promotion to the aforementioned post(s), with all the consequential benefits including seniority, pay and allowances along with interest @18% p.a. from the date the promotion became due to the applicant till the date of actual payment of arrears on account of such promotion.
2. Earlier, vide order dated 02.02.2012, this Original Application had been dismissed being time barred and bereft of any merit. The order dated 02.02.2012 was assailed by the applicants before Hon'ble High Court of Himachal Pradesh, and vide order dated 22.10.2018, the High Court quashed the order of this Tribunal dated 02.02.2012 and revived the present Original Application to its original number and position. Accordingly, the matter has been considered afresh by this Tribunal.
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3. Averments made by the applicant are as follows. The applicant initially joined the Telegraph Traffic Services, Group B of the Department of Telecom w.e.f. 29.03.1976. Subsequently, he was promoted to Senior Time Scale of Telegraph Traffic Services on 17.02.1982. That the Department of Telecom, vide Letter No. 5-1/94-T.E. II dated 23.06.1995 approved merger of Telegraph Traffic Services Group A [hereinafter referred to as TTS] with Indian Telecommunication Services Group A [hereinafter referred to as ITS).
4. It is submitted by the applicant that some of the important features of the said decision were that all the TTS officers were given the choice to opt out of the merger scheme on or before 31.07.1995, if they so desired, whereas the remaining TTS officers were to be merged with ITS. A provisional combined gradation list of TTS officers and ITS officers was to be prepared by 31.08.1995. Recruitment Rules were also to be amended accordingly and till the amendment was to take place, no regular promotion was to be given in any of the streams and only ad-hoc promotions were to be made on the basis of aforementioned provisional combined gradation list.
5. Subsequenty, vide letter No. 5-1/94-TE.II dated 6.04.1996, the Department of Telecom withdrew the process 4 of preparation of provisional combined gradation list and it was also directed that till amendment in the Recruitment Rules, regular promotions in the two streams will continue as per their respective gradation lists against vacancies in their respective streams. In the said process, the applicant, along with others, was promoted to the Junior Administrative Grade (JAG) by the Department of Telecom on ad-hoc basis vide order bearing No. 314-5/97-STG-III dated 08.09.1997(Annexure A-1). Subsequently, vide order No. 5- 1/94-TE I(O) dated 29.06.2000, the orders of merger were withdrawn, against which order O.A. No. 2678/96 and Misc. Applications No. 2041/2000 and 1675/2000 were filed before CAT Principal Bench, New Delhi. However, during pendency thereof, a tri-partite agreement was signed between the Department of Telecom Operation, Telegraph Traffic Officers Association and Indian Telecommunication Services Association, which was circulated vide letter No. 354-1/96- STG-III(pt) dated 16.08.2000 (Annexure A-2), and the said agreement was approved by the competent authority vide letter No. 354-1/96-STG III (pt) dated 24.08.2000, (Annexure A-3).
6. It is submitted by the applicant that as a result of the aforesaid agreement, the Original Application and the Misc. Applications pending before the Principal Bench, New Delhi were dismissed as infructuous, however, liberty was granted 5 to the applicants therein that they could approach the Tribunal again if there was breach of Conditions of that agreement. A copy of the order dated 28.08.2000 is attached herewith as Annexure A-4. Thereafter, vide Circular No. 2- 29/2000-Restg. dated 30.09.2000, service Department of Telecom were corporatized and business of providing telecom services was transferred to Bharat Sanchar Nigam Limited w.e.f. 01.10.2000 with all assets, liabilities and officers/staff along with posts. The applicant has been absorbed in Bharat Sanchar Nigam Limited. That vide order No. 354-3/2001- STG-III dated 21.08.2001 (Annexure A-5), the applicant, along with others, was promoted to the Junior Administrative Grade on regular basis. Subsequently, the applicant was also further promoted to Senior Administrative Grade on ad-hoc basis vide order No. 315-31/2001-STG-III dated 07.01.2002 (Annexure A-6).
7. It is submitted by the applicant that vide Order No. 1- 34/2001-TE I dated 15.03.2002 (Annexure A-8), 17 posts of Junior Administrative Grade of ITS Group A were upgraded to that of Senior Administrative Grade Level in ITS group A w.e.f. 06.02.2002 to provide promotions to the TTS officers in SAG level. The applicant was promoted to Senior Administrative Grade on regular basis vide order No. 355- 1/2003-STG-III dated 04.09.2003 (Annexure A-9). 6
8. In the year 2009 i.e. vide letter No. 400 106/2007-Pers.l dated 14.07.2009, rules known as BSNL Management Services Recruitment Rules, 2009 for regulating promotion of its absorbed/BSNL recruited officers from their existing grades to next higher grades, came into operation w.e.f. 11.06.2009, a copy of which is attached herewith as Annexure A 10. In the said rules, 82 posts of the Chief General Manager/Principal General Manager have been shown. As per Schedule IA attached with the rules, the post of Chief General Manager/Principal General Manager, which is in the pay scale of Rs. 25000-650 30200(pre-revised)/ Rs. 62, 000-80,000(revised and provisional) is to be filled in through promotion from executives in General Manager or Senior General Manager's Grade who have completed 3 years of regular service in General Manager/Senior GMW's Grade as on 1st January of the year.
9. Thereafter, in the year 2009, vide letter No. 400- 153/2009 Pers I dated 20.,11.2009, seniority list of absorbed group-A officers of ITS/TFS/TTS as on 18.11.2009 was circulated and adopted w.e.f. 30.11.2009. In the aforementioned gradation list, the applicant is shown as working in the General Manager's grade (Senior Administrative Grade) w.e.f. 06.02.2002, a copy of which is attached herewith as Annexure A-11.
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10. It is submitted by the applicant that since the applicant was fully eligible under the aforementioned rules for promotion to the post of Chief General Manager/Principal General Manager/ Senior General Manager and the posts were/are lying he submitted representation dated 27.08.2009 to the respondent No. 2 claiming promotion, which representation was forwarded by the office of the applicant to the authority concerned vide forwarding letter dated 01.09.2009 (Annexure A-12). The said representation was followed by another representation dated 26.03.2010, which was also forwarded by the office of the applicant to the authorities concerned vide letter dated 30.03.2010 (Annexure A-13).
11. It is contended by the applicant that in the interregnum, vide Office Memorandum dated 31.03.2010 (Annexure A-14), the respondent BSNL ordered promotion of 13 absorbed ITS group 'A' officers from the grade of General Manager (equivalent to SAG) to the grade of Senior General Manager (NF). It is further contended by the applicant that the absorbed ITS group 'A' officers promoted in this order have been working in the grade of General Manager(SAG) after 06.02.2002 i.e. the date from which the applicant is working as General Manager as per Annexure A-11.
12. It is submitted by the applicant that the applicant is holding the post of Senior Administrative Grade w.e.f. 8 06.02.2002 and became eligible for Senior General Manager (Non-functional) after three years, which he fulfilled on the date of effect of the Rules i.e. 11.06.2009 but he has not been promoted and one Sh. Mohd. Asraf Khan, Staff No. 703 of ITS who was promoted as General Manager on 08.04.2002 has been promoted as Senior General Manager vide order dated 31.03.2010 w.e.f. 11.06.2009. It is contested by the applicant that the action of the respondents is discriminatory against the applicant and such promotion is virtually superseding, though in another stream, which is violative of Articles 14 and 16 of the Constitution of India.
13. It is further submitted by the applicant that the applicant has been promoted to the grade of Junior Administrative Grade by DOT vide Annexure A-1 and A-5 and to the grade of Senior Administrative Grade by DOT vide Annexure A-6 and by BSNL vide Annexure A-7 by upgrading 17 posts of JAG of ITS group 'A' to SAG level vide Annexure A-8. All this has been done in pursuance of merger orders/ tripartite agreement (Annexures A-2 and A-3). It is contested by the applicant as to why the promotion to the grade of Chief General Manager/Principal General Manager/ Senior General Manager is being denied by BSNL to the applicant is not understood, when the tripartite (Annexure A-2) lays down that TTS officers were to be treated at par with respective engineering officers at the time of corporatization of the 9 Department of Telecom Operations. It is the contention of the applicant that on the one hand, a number of officers have been promoted to the post of Senior General Manager in accordance with the rules, Annexure A-10, the claim of the applicant, despite his also being fully eligible in terms of the rules and deserving promotion as per tri-partite agreement, Annexure A-2 is not being considered by the authorities. Both the representations have already been forwarded to the competent authority, but no decision thereon has been conveyed to the applicant till date, due to which the applicant is suffering recurring financial loss as well as loss of seniority in the cadre of Chief General Manager/Principal General Manager/ Senior General.
14. In reply to this Original Application, the respondents have raised the preliminary objection that applicant has not impugned any order in the present original application as required under Section 19 of the Administrative Tribunals Act, 1985 and, therefore, since there is no challenge to any order, the present OA is not maintainable and is liable to be dismissed on this ground alone. The respondents have taken the further objection that the original application is also barred by limitation as prescribed under section 21 of the of the Administrative Tribunals Act, 1985 in as much as the applicant is claiming promotion w.e.f. 11.6.2009, whereas, the present original application has been filed in March, 2011 10 which is barred by limitation. It is contested by the respondents that the grievance of promotion cannot be termed to be a continued cause of action, more particularly when the applicant who belongs to senior Group 'A' officers' category would have come to the court of law within the period of limitation, and the applicant has not pointed out that any person junior to him has been promoted prior to him.
15. It is submitted by the respondents that the tripartite agreement being referred to was formalized vide DTO New Delhi order no. 354-1 /96-STG-III (Pt.) Dated 24.08.2000, and that according to the memorandum dated 30.09.2000 all the officers and staff of Department of Telecom Services (DTS) and Department of Telecom Operations (DTO), which earlier formed part of Department of Telecom (DOT) stood transferred to Bharat Sanchar Nigam Limited alongwith their posts on existing terms and conditions, on as is where is basis on deemed deputation, without deputation allowance, w.e.f. 01.10.2000, i.e., the date of taking over of telecom operations by the Company from DTS to DTO and Bharat Sanchar Nigam Ltd. will exercise control and supervision of staff working against these posts. It is submitted by the respondents that the aforesaid condition was recommended, since it would take some time for the new Company BSNL to finalize the terms and conditions for staff and to give an 11 opportunity to Officers, staff, employees and industrial workers in various circles/offices/units for exercising their options to join the newly created Company BSNL. Subsequently the applicant opted for absorption in BSNL as per the terms and conditions of the absorption.
16. It is submitted by the respondents that BSNL vide notification no. 400-106/2007-Pers. I dated 14.07.2009 issued BSNL Management Recruitment Rules, which governs the service conditions for all the executives absorbed in BSNL. Hence after notification of BSNL MSRR-2009 the promotional avenues of executives absorbed in BSNL is governed by the BSNL MSRRS-2009. The BSNL Management Services BR, 2009 have been framed keeping in view the service requirements of the organization whereby requisite eligibility conditions by way of age, educational qualification and experience have been identified and formulated. Hence after notification of BSNL MSRR-2009 the promotional avenues of executives absorbed in BSNL is governed by the BSNL MSRRS-2009. The BSNL Management Services RR, 2009 have been framed keeping in view the service requirements of the organization whereby, requisite eligibility conditions by way of age, educational qualification and experience have been identified and formulated. The method of recruitment, field of promotion & minimum qualifying service in the lower grade for appointment of executives on promotion to higher grade 12 for various constituents/streams of the BSNL Management Services in respect of various cadres/streams are prescribed following schedules respectively:
Schedule- IA- Telecom Operations & Finance stream Schedule-IB- Civil, Electrical Architecture stream Schedule-IC- Telecom Factory stream Schedule-ID- other streams including TTS which are not covered in 1A, 1B & 1C
17. It is further submitted by the respondents that the BSNL absorbed officers of Telegraph Traffic Services stream like the applicant are covered by Schedule-ID of the BSNL MSRRS-2009 for promotion to AGM/DE grade and higher levels. As per Schedule-ID, the executives in General Manager's grade who have completed 8 years in regular General Manager's grade (Pay scale Rs. 23,750-600-28,550) as on January 1st of the year will become eligible for promotion to Sr. GM grade. It is contested by the respondents that the case of the Applicant, Sh. P.S. Dipta alongwith other TTS officers, were considered for promotion from GM to Sr. GM grade, but the same was not acceded to, in view of non- fulfillment of service condition as per Schedule-ID of BSNL MSRRS-2009. Sh. P.S. Dipta (Staff No.70020) applicant was promoted to GM grade w.e.f. 04.09.2003 vide Annexure-A9 of the OA, and he will be eligible for promotion to Sr. GM (NF) grade on 01.01.2012.
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18. It is submitted by the respondents that vide DOT order no. 315-31/2001-STG-III dated 07.01.2002 and endorsed vide BSNL order no. 315- 01/2002-Pers I dated 06.02.2002 the applicant was promoted to SAG grade on purely temporary and adhoc basis. Further the applicant was promoted to SAG grade on regular basis w.e.f. 04.09.2003 vide DOT order no. 355-1/2003-STG-III dated 15.09.2003 and vide order no.315-01/2002-Pers.I dated 06.02.2002 the applicant was promoted to SAG on purely temporary and adhoc basis.
19. It is further averred by the respondents that the representation dated 27.08.2009 and 26.03.2010 were examined in the Personnel Section, BSNL Corporate office and a reply to RTI application in this regard was given vide letter no. 317- Annexure R-1 2/2010-Pers 1 dated 21.04.2011, stating that the applicant's case for promotion to the grade of Sr. GM (NF) was considered as per BSNL MSRRs-2009 (Schedule-ID) but the same was not acceded to in view of non-fulfillment of the service conditions.
20. It is submitted by the respondents that all the Telecom and Finance streams of the absorbed employees of BSNL are governed by Schedule-IA of the BSNL MSRRs-2009 for their promotion to Management Services i.e. AGM and higher levels.The BSNL absorbed officers of Telegraph Traffic 14 Services stream like the applicant are covered by Schedule-ID of the BSNL MSRRS-2009 for promotion to AGM/DE grade and higher levels. As per Schedule-ID, the executives in General Manager's grade who have completed 8 years in regular General Manager's grade (Pay scale Rs. 23,750-600-28,550) as on January 1st of the year are eligible for promotion to Sr. GM grade. The case of Sh. P.S. Dipta alongwith other TTS officers, were considered for promotion from GM to Sr. GM grade, but the same was not acceded to, in view of non- fulfillment of service condition as per Schedule ID of BSNL MSRRS. Sh. P.S. Dipta (Staff No. 70020), applicant was promoted to GM grade w.e.f. 04.09.2003 vide Annexure-A9 of the OA. Hence he will be eligible for promotion to Sr. GM(NF) grade on 01.01.2012.
21. In rejoinder to reply filed by the respondents, the applicant has submitted that in pursuance of merger dated 23.06.1995 and tripartite agreement (Annexure A-2 & A-3), the applicant has been granted promotion to the grade of JAG and SAG as detailed in the O.A., however, now the applicant is being denied promotion to the grade of Senior General Manager, which, being non- functional promotion, is merely upgradation after putting in 3 years of service in the grade of GM (SAG). It is contested by the applicant that denial of above promotion is a breach of tripartite agreement (Annexure A-2 A-3).
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22. It is contested by the applicant that BSNL is duty bound to honour and implement the agreement entered into by DOT/DTO/DTS. It is the contention of the applicant that eligibility for promotion to the grade of Sr. GM(NF) is 3 years in regular GM's grade and entering 25th years of service on 1 January of the year following the year of exam and BSNL has already promoted 13 ITS officers to the grade of Sr. GM vide Annexure A- 14. It is the contention of the applicant that the applicant is liable to be promoted to Sr. G.M. w.e.f. 11.06.2009 the day on which BSNL MSRR, 2009 (A-10) became effective as he fulfils both the conditions of 3 years of regular service in GM's grade, as applicant was promoted as regular GM on 04.09.2003 and has also completed more than 25 years of service from the date of entering the department on 29.03.1976 and from the date of becoming Group 'A' officer in Senior Time Scale on 17.02.1982, like ITS officers.
23. It is further contested by the applicant that the tripartite agreement (A-2) was not only formalized vide DOT orders dated 24.08.2003 (A-3), but these are the orders conveying approval of the Competent Authority to the Telecom Circle to take action on the same. It is submitted by the applicant that according to another memorandum No.2- 31/2000-Restg. Dated 30.09.2000 for transferring and assigning existing and subsisting contracts, agreements and memoranda of understanding of DOT, DTS and DTO to BSNL, 16 BSNL will be solely responsible for contracts, agreements honouring these and MoU and for implementing in letter and spirit any judgment/ order/ award delivered by any authority/ tribunal/ court/arbitrator in respect of all the matters.
24. It is further contested by the applicant that submissions of the respondents in their reply that applicant is covered under Schedule-ID BSNL MSRR 2009 (A-10) is wholly misplaced because bare perusal of the heading of the same will reveal that it is nowhere mentioned therein that it is applicable to TTS. It is further submitted by the applicant that authorized strength of various constituents/streams viz. Telecom Operations: Telecom Financer Civil, factories Electrical, and other Architect: streams Telecom of BSNL Management Services is given in paras 5.1, 5.2 and 5.3 respectively of BSNL MSRR 2009 (A-10). In other streams for which Schedule ID to BSNL MSRR 2009 (A-10) is applicable, authorized strength in the grade of SAG has been shown as one only.
25. It is further averred by the applicant that as per initial constitution given in para 6 of BSNL MSRR 2009 (A-10), all group 'A' officers absorbed in BSNL in various grades before commencement of BSNL MSRR, 2009 (A-10) shall form part of their respective streams of BSNL Management Services. TTS officers in the grade of SAG in service at the time of issuance of BSNL MSRR 2009 (A-10) were three viz. applicant 17 (D.O.B. 02.04.1952), Sh. K.S. Seenu (D.O.B. 26.06.1950) & Sh. S.C. Jain (D.o.B. 02.10.1949) as per page No.48 of Blue Book corrected upto 30.09.2003.It is further submitted that if TTS officers were to come under 'Other services' and Schedule-ID to BSNL MSRR 2009 (A-10) was applicable to them, then authorized strength in the grade of SAG under the stream of 'other services' should have been more than three, whereas it is one only as per para 5.3 of BSNL MSRR 2009 (A-10), which completely belies the submissions of the respondents that TTS officers are covered by Schedule ID to BSNL MSRR, 2009 (A-10).
26. We have heard ld. counsel for both sides and perused the annexures attached with this Original Application. From the pleadings itself, it is admitted fact that the applicant joined TTS of the Dept. of Telecom w.e.f. 29.03.1976 and was subsequently promoted to Senior Time Scale of TTS on 17.02.1982. Vide order dated 23.06.1995, merger of TTS with Group-A service with ITS Group-A service was approved and TTS officers were given the choice to opt out of the merger scheme if they so desired, whereas remaining TTS officers were to be merged with ITS. Recruitment rules were to be amended and no regular promotion was to be given in any of the streams. Vide letter dated 06.04.1996, DoT withdrew the process of preparation of provisional combined gradation list and promotions in the two streams were to continue as per 18 their respective gradation lists against vacancies in their respective streams. Consequently, the applicant was promoted to JAG by Dept. of Telecom on ad-hoc basis vide order dated 08.09.1997. Vide order dated 29.06.2000 the orders of merger were withdrawn.
27. OA No. 2678/96 and MA No. 2041/2000 and 1675/2000 were filed before CAT Principal Bench against withdrawal of orders of merger, and during the pendency of said OA, a tri-partite agreement was signed between the Dept. of Telecom Operation, Telegraph Traffic Officers Association and Indian Telecommunication Services Association vide letter dated 16.08.2000. CAT Principal Bench in its order dated 20.08.2000 in OA No. 2678/96 observed as under:
"2. It is stated that a tripartite agreement between DTS, DTO and TTS has been reached on the issued of merger in the proceedings dated 16.08.2000 and in pursuance of this agreement in the proceedings dated 16.08.2000 the Government had implemented the conditions in the agreement. The parties in this case, therefore, submit that in view of the above, nothing survives in the OA. The OA is therefore, dismissed as infructuous. It is made clear that if the respondents had committed breach of the conditions in the tripartite agreement it is open to the applicants to approach the Tribunal to enforce the agreement. MA-2041/2000 and 1675/2000 is also disposed of."
28. We have perused the tripartite agreement dated 16.08.2000 (A-2), formalized vide DoT letter dated 24.08.2000 (A-3). The said agreement reads as under: 19
" 1. The department will provide promotions to the officers of TTS from the grade they me holding on regular Imsis to the next higher grade when an officer in ITS with equal length of regular service in same grade is promoted.
2. A list assigning notional seniority number to all TTS officers based upon para 1 above will be prepared. This list will he used as basis for further promotions.
3. DPCs will be conducted simultaneously in engineering wing and corresponding Telegraph Traffic wing officers in the same grade.
4. Required number of posts for promotion of TTS officers as per para 1 above will be provided by conversion from ITS. These posts will be restored to ITS after retirement/ promotion/ death of the 'TT'S incumbent.
5. Promotion of TTS group 'B' officers will be made to STS of TTS group "A" in their own stream. This will be done on priority.
6. Until RRs are modified for TTS, model RRs prescribed by DoP&T will be operated. DTO, wherever necessary, will arrange for obtaining required clarification/ approval from DoP&T/UPSC for implementing this agreement.
7. TTS officers will be deployed against engineering/ telegraph posts by heads of circles without discrimination,
8. Lateral advancement scheme will be restored retrospectively for TTS group Β officers. Other facilities available to TES group 'B' officers like pay scales, post upgradation, pay anomaly settlement and other promotional avenues will also be available to TTS group 'B' officers.
9. The department will close TTS ITS merger issue once for all.
10. The TTS will withdraw OA 2678/96 and will persuade its members to withdraw all other cases filed in various courts related to grant of various reliefs on account of TTS-ITS merger.
11. At the time of Corporatisation of DTS/DTO, TTS group 'A' and group "B' officers will be treated at par with engineering officers of respective grades.
12. Promotion already granted to TTS officers based upon merger order dated 23.6.95 all not be withdrawn and will be regularized as per provisions of this agreement."20
29. It is admitted fact that the applicant was promoted to SAG/GM grade on regular basis w.e.f. 04.09.2003. It has been submitted by the respondents that vide notification dated 14.07.2009 BSNL issued BSNL MSRR- 2009 (A-10) whereby the promotional avenues of executives absorbed in BSNL i.e. BSNL Management Services (BSNLMS) is governed. We have perused the BSNL MSRR-2009 (A-10) wherein method of recruitment, field of selection and minimum qualifying service in lower grade for promotion to higher grade for is provided for the various streams in Schedules IA, IB, IC & ID as under:
Schedule- IA- Telecom Operations & Finance of BSNLMS.
Schedule-IB- Civil Engineers, Electrical Engineers & Architects of BSNLMS.
Schedule-IC- Telecom Factories of BSNLMS.
Schedule-ID- all other streams of BSNLMS, applicable for all other absorbed/recruited executives of various services (not covered in 1A/1B/1C) above the MT level.
30. It is the contention of the respondents that the BSNL absorbed officers of TTS stream like the applicant are covered by Schedule-ID of the BSNL MSRRS-2009 for promotion to AGM/DE grade and higher levels, and as per Schedule-ID, the executives in General Manager's grade 21 who have completed 8 years in regular General Manager's grade (Pay scale Rs. 23,750-600-28,550) as on January 1st of the year will become eligible for promotion to Sr. GM grade. As such, it is contended by the respondents that the case of the Applicant, Sh. P.S. Dipta alongwith other TTS officers, were considered for promotion from GM to Sr. GM grade, but the same was not acceded to, in view of non-fulfillment of service condition as per Schedule-ID of BSNL MSRRS-2009 since the applicant was promoted to GM grade w.e.f. 04.09.2003 vide Annexure-A9 of the OA, and he will be eligible for promotion to Sr. GM (NF) grade on 01.01.2012.
31. Ld. counsel for the applicant has contested claim of the respondents that applicant is covered under Schedule-ID of BSNL MSRRs-2009 stating that para 6 of the BSNL MSRRs-2009 itself provides that all the executives regularly appointed to various grades before commencement of these rules, whether by the Government who came on absorption in BSNL or those appointed on regular basis by BSNL shall be deemed to have been appointed to their respective grades in BSNL. It has been contested by ld. counsel for the applicant that in view of provisions of para 6 of BSNL MSRRs-2009 read with the tripartite agreement dated 16.08.2000 between DTO, TTOA and ITSA, whereby TTS group 'A' and group 22 'B' officers were to be treated at par with ITS officers and engineering officers of the respective grades, the applicant is required to be covered under Schedule-IA or Schedule-IB of the BSNL MSRRs-2009 and not Schedule- ID.
32. Schedule-IA and I-B of the BSNL MSRRs-2009 provides that for promotion to Sr. GM(NF) grade, the qualifying service in respect of officers recruited at Group 'A' level and absorbed in BSNL is three years in regular General Manager's grade and entering in the 25th years of service on the 1st January of the year calculated from the year following the year of examination on the basis of which such officer was recruited. As such, it is the claim of the applicant that the is eligible for promotion to the grade of Sr. GM(NF) w.e.f. 11.06.2009 in terms of Schedule-IA and IB of the BSNL MSRRs-2009 on account of parity with ITS and engineering officers of the respective grades as provided for in the tripartite agreement (A-2), as the applicant was promoted as regular GM on 04.09.2003 and completed 3 years of regular service as GM and also completed more than 25 years of service from the date of entering the department on 29.03.1976 and from the date of becoming Group-'A' in STS on 17.02.1982 like ITS officers.
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33. From the combined reading of the order of CAT Principal Bench in OA No. 2678/96 dated 20.08.2000 (A-
4), the provisions of tripartite agreement dated 16.08.2000 between DTO, TTOA and ITSA (A-2), and the provisions of BSNL MSRRs-2009 dated 14.07.2009 (A-
10), we find force in the argument put forward by ld. counsel for the applicant. Since the applicant is an officer of TTS who go absorbed to BSNL before the coming into force of BSNL MSRRs-2009, and the tripartite agreement (A-2) provided for parity to officers of the TTS with officers of ITS and also with engineering officers of the respective grades, we find that the applicant is required to be covered under Schedule-IA or Schedule-IB of the BSNL MSRRs-2009, to determine qualifying service conditions for further promotional avenues.
34. In view of the discussion hereinabove, the present Original Application is allowed. Respondents are directed to consider and promote the applicant to the post of Senior General Manager/Principal General Manager/ Chief General Manager, considering the applicant for such promotion in terms of Schedule-IA or Schedule-IB of the BSNL MSRRs-2009 (Annexure A-10), with all the consequential benefits. Arrears due to the applicant shall be restricted to three years prior to filing the OA. The 24 aforesaid exercise shall be carried out within six weeks of the receipt of certified copy of this order. No costs.
(ANJALI BHAWRA) (RAMESH SINGH THAKUR)
MEMBER (A) MEMBER (J)
s*