Central Administrative Tribunal - Chandigarh
Dinesh Kumar Son Of Sh. Jai Gopal vs Bharat Sanchar Nigam Limited on 10 February, 2014
CENTRAL ADMINISTRATIVE TRIBUNAL, CHANDIGARH BENCH, CHANDIGARH. O.A.No.326/HP/2013 & Date of Decision: 10.02.2014 MA No.1563/2013 OA No.631/PB/2013 & OA No.755/PB/2013 CORAM: HONBLE MRS. RAJWANT SANDHU, ADMINISTRATIVE MEMBER HONBLE DR. BRAHM A. AGRAWAL, JUDICIAL MEMBER 1. Dinesh Kumar son of Sh. Jai Gopal, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at OCB-TAX, Shimla, SSA Shimla. 2. Hem Raj son of Sh. Dyalu Ram, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at Telephone Exchange, Mashobra, SSA Shimla. 3. Pushap Raj son of Sh. Chhanga Ram, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at Telephone Exchange, Sunder Nagar, SSA Mandi. 4. Navneet Kumar Gupta son of Sh. S.K. Gupta, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at Telephone Exchange, Kumarsain, SSA Shimla. 5. Kulbhushan Kumar son of Sh. Rattan Chand, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at Telephone Exchange, Dalhousie, SSA Dharamshala. 6. Baldev Raj son of Sh. Painu Ram, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at Telephone Exchange, Hamirpur, SSA Hamirpur. 7. Pritam Singh son of Sh. Gandhi Ram, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at CSC, Nahan, SSA Solan. 8. Bharat Bhushan son of Sh. Ram Chand Sharma, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at Telephone Exchange, Damtal, SSA Dharamshala. Applicants OA No.631/PB/2013 Banarsi Lal son of Sh. Amar Nath, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at Telephone Exchange, Guru Ravi Dass Marg, Amritsar, SSA Amritsar. Applicant OA No.755/PB/2013 Sat Paul son of Sh. Bhagat Rai, presently working as Telecom Technical Assistant (TTA) with the Bharat Sanchar Nigam Ltd., at Telephone Exchange Noormehal, O/o SDE Noormehal, Jalandhar. Applicant Versus 1. Bharat Sanchar Nigam Limited, through its Chief Managing Director, Corporate Office, 4th Floor, Bharat Sanchar Bhawan, Janpath, New Delhi. 2. General Manager Personnel, Bharat Sanchar Nigam Limited, Corporate Office, 4th Floor, Bharat Sanchar Bhawan, Janpath, New Delhi. 3. Chief General Manager, Punjab Telecom Circle, Bharat Sanchar Nigam Limited, Sanchar Sadan, Plot No.2, Sector 34-A, Chandigarh. . Respondents Present: None for the applicant in OA No.326/HP/2013 Mr. D.R.Sharma, counsel for the respondents in OA No.326/HP/2016 None for the applicant in OA No.631/PB/2013 Mr. G.C. Babbar, counsel for the respondents in OA No.631/PB/2013 None for the applicant in OA No.755/PB/2013 Mr. G.C.Babbar, counsel for the respondents in OA No.755/PB/2013. O R D E R
HONBLE MRS. RAJWANT SANDHU, MEMBER (A)
1. All these OAs have been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:-
8 (i) the impugned Clause (I) under Column 12 of the Schedule of the Junior Telecom Officer Recruitment Rules, 2001 (Annexure A-1) be quashed being discriminatory, arbitrary and thus violative of Article 14 of the Constitution of India.
(ii) the impugned circulars dated 16.02.2013 & 20.02.2013 (Annexure A-2), issued by respondent no.3 whereby posts of JTO under 35% and 15% quota on the basis of Limited Internal Competitive Examination (LICE), are sought to be filled as per the impugned Junior Telecom Officer Recruitment Rules, 2001, be quashed.
iii) in the alternative, the respondents may be directed to allow the applicants to participate in selection process through the Limited Internal Competitive Examination (LICE), treating them duly eligible for promotion to the posts of JTO.
2. When the matter came up for consideration today, it was observed that the relief sought through these OAs is identical with that sought in OA No.324/PB/2013, which has already been rejected on 04.02.2014. Hence these OAs are also rejected as per detailed order passed in OA No.324/PB/2013 decided on 04.02.2014. MA No.1563/2013 is also disposed of accordingly.
(RAJWANT SANDHU) ADMINISTRATIVE MEMBER.
(DR. BRAHM A. AGRAWAL) JUDICIAL MEMBER Place: Chandigarh Dated: 10.02.2014 sv: