Central Administrative Tribunal - Jaipur
Ravi Kumar Meena vs Bharat Sanchar Nigam Ltd on 16 March, 2026
1
OA No. 147/2018
CENTRAL ADMINISTRATIVE TRIBUNAL
JAIPUR BENCH, JAIPUR
ORIGINAL APPLICATION No. 147/2018
Order reserved on: 05.02.2026
Date of order: 16.03.2026
CORAM
HON'BLE MS. RANJANA SHAHI, JUDICIAL MEMBER
HON'BLE MR. LOKRANJAN, ADMINISTRATIVE MEMBER
Ravi Kumar Meena S/o Late Shri Samotya Meena, Age 33 years
resident of Meena Colony, Udai Mode, Gangapur City, District
Sawaimadhopur (Rajasthan) and presently posted in Group 'C'
category in the Sub Division Office Gangapur City under the office
of the General Manager Telecom, Telecom District
Sawaimadhopur, Rajasthan. (Promotional post - Junior Accounts
Officer)
...APPLICANT
(By Advocate: Shri R.D. Meena)
VERSUS
1. Union of India through its Chairman cum Managing Director
Bharat Sanchar Nigam Limited (A Government of India
Enterprise), Corporate Office, Recruitment Branch, Room No.
223, 2nd Floor, Eastern Court Building, Jan Path, New Delhi-
110001.
2. Chief General Manager Telecom, Rajasthan Telecom Circle,
Sardar Patel Marg, C-Scheme, Jaipur-302008.
3. Deputy General Mangar (F&A-II), office of the Chief General
Manager Telecom, Rajasthan Telecom Circle, Room No.9, Ground
Floor, Transmission Bhawan, PGMTD Campus, Ashok Marg, C-
Scheme, Jaipur-302001.
4. National Academy of Telecom Finance & Management,
Gachibowli, Hyderabad-500032 (Andhra Pradesh) through its
Chief General Manager.
...RESPONDENTS
(By Advocate: Shri Gaurav Jain)
YOGENDRA SINGH
MEENA
2
OA No. 147/2018
ORDER
Per: Hon'ble Shri Lok Ranjan, Member (A)
The present Original Application had been filed by the Applicant against the Letter dated 17.01.2018 issued by the National Academy of Telecom Finance & Management (N.A.T.F.M.), viz. Respondent No.4, whereby the List of departmental candidates - who had separately qualified in the Limited Internal Competitive Examination (L.I.C.E.) of 2016 for 40% quota for promotion to the post of J.A.O. - had been issued for the 04-Week Induction Training Phase-I. The Applicant had been aggrieved purportedly due to other similarly situated less meritorious employees being allowed to participate in the J.A.O. Induction Training Phase-I for 4-weeks (from 29.01.2018 to 23.02.2018)and although the Applicant had been included at Sl. No.15 thereof, he had not been allowed to participate in the said Induction Training.
2. Based on the pleadings of the parties of the case, the relevant matrix of facts had emerged to be as follows, briefly. The Applicant, who belonged to ST-category, had been appointed initially on compassionate grounds in Group-D under the Bharat Sanchar Nigam Limited (B.S.N.L.), i.e. the Respondent Department and had joined on 15.06.2005. He had later been inducted as Telecom Mechanic, a Group-C post, w.e.f. 18.03.2011. Eventually, the Respondents had issued the Notification dated 01.03.2016 for holding Limited Internal Competitive Examination [(L.I.C.E.)-2016] for filling up vacancies in 173 posts (including 31-SC, 15-ST) for promotion to the Grade of Junior Accounts Officer (J.A.O.) under 40% quota, as per the provisions in the Recruitment Rules (R.R.s) dated 31.08.2001 as amended from time to time. At first, the closing date of online registration was 31.03.2016, which had been extended to 14.04.2016 vide letter dated 06.04.2016. Further, for appearing YOGENDRA SINGH MEENA 3 OA No. 147/2018 in L.I.C.E. for J.A.O., the eligibility condition in terms of experience, which had been prescribed to be 10 years of regular service in the erstwhile department/B.S.N.L. in Group-C vide Column No. 12(B)(2) of the Schedule to the R.R.s for J.A.O., had been modified to be 05 years of regular service vide the amendment/modification dated 30.10.2015. Hence, the Applicant inter alia had also submitted his online application self-declaring himself to be eligible.
Thereupon, the data from all the online applications had been compiled by the Recruitment Branch at the B.S.N.L. Corporate Office, New Delhi and circulated vide Letter dated 27.05.2016 to all Chief General Managers of Telecom (C.G.M.T.) of Telecom Circles/Districts, with the request to them - to verify/scrutinize the eligibility of the candidates as per the eligibility criteria prescribed in the R.R.s for the cadre of J.A.O. ; by cross-checking the self-declared data of candidates with latest office records/service-books etc. ; and to fill-in the blank (yellow- coloured) columns accordingly and return to the Recruitment Office by 15.06.2016. For the Applicant specifically, while the said exercise had been pending ; he had attended the one-day pre- recruitment training for SC/ST candidates on 15.07.2016 and eventually participated in L.I.C.E. that was held on 17.07.2016 for promotion to the Grade of J.A.O.Later, upon review of result of failed SC/ST candidates inter alia in J.A.O.L.I.C.E. 40%, conducted by the Recruitment Cell of C.G.M.T. Rajasthan Circle in pursuance of the B.S.N.L. Corporate Office instructions dated 04.09.2017 - the Applicant's name had been included at Serial No.26 in the 'List of SC/ST Review Result for J.A.O. 40% Qualified Candidates, vide the enclosure to the Letter dated 13.09.2017.
3. Vide the said Letter dated 13.09.2017, the respective Secondary Switching Area (SSA)/Unit Heads of the Rajasthan YOGENDRA SINGH MEENA 4 OA No. 147/2018 Telecom Circle had also been advised that verification of the eligibility criteria of the qualified candidates, as were self- declaredthemselves during the online process/examination, be done with the service records in their respective SSA/Unit as well as with B.S.N.L.J.A.O. R.R.s and orders/instructions/modifications etc. issued by B.S.N.L. Corporate Office, New Delhi from time to time ; and discrepancy/error noticed in any column were advised to be brought to the notice of the CR-Cell, CAO (Fin.) Office of C.G.M.T. of Rajasthan Telecom Circle. The Vigilance Clearance in respect of the candidates listed was also required to be furnished thereby. The proforma for furnishing the Service Particulars & Eligibility Verification Report for Promotion from Group-C to J.A.O. in 40% Quota, as well as the Modified 15-Point Vigilance Clearance Proforma were also enclosed with the said Letter dated 13.09.2017. In response to its reminder dated 02.01.2018 qua the Applicant, his SSA/UnitControlling Office had furnished the relevant details vide letter dated 24/29.01.2018, including the Vigilance Clearance Proforma dated 18/27.01.2018 and the service particulars/eligibility verification report dated 27.01.2018 as enclosures. Thereby, it had been indicated in the Column No.14 of the latter enclosure that the Applicant had not completed 05 years of service in NE-6 IDA Pay Scale (Rs. 9020-17430)/- or above in B.S.N.L. as on 01.01.2016. Consequently, although his name had been included in the Annexure with the Letter dated 17.01.2018 issued by the N.A.T.F.M., viz. Respondent No.4, for 4- week Phase-I Induction Training (from 29.01.2018 to 23.02.2018), the Applicant had eventually not been sent for the said training.
4. Aggrieved by the aforesaid, the Applicant had filed the present O.A. inter alia prayed for the substantive reliefs - that the impugned order 17.01.2018 issued by the Respondent No.4 be quashed and set aside ; that the change of the date of reckoning YOGENDRA SINGH MEENA 5 OA No. 147/2018 of qualifying experience purportedly from 14.04.2016 to 01.01.2016 be held as illegal and accordingly be quashed and set aside ; that the Applicant be considered as having fulfilled the qualifying experience of 5 years' service in group 'C' as on 14.04.2016 ; and that the Respondents be directed to promote the Applicant on the post of J.A.O. with all consequential benefits from the date on which other candidates had given the benefits of promotion.
5. It was the essential case of the Applicant that firstly, as per the letter dated 27.05.2016 of the Recruitment Branch of the B.S.N.L. Corporate Office, New Delhi, where the Applicant's name had figured at Serial No.2646, his experience had been counted w.e.f. 01.01.2011 and as such he had the requisite experience of 05 years for the promotion to J.A.O. through the related L.I.C.E. process. Also, the Applicant had claimed that the experience required had to be calculated with reference to the last date of submission of online application, which eventually in the concerned L.I.C.E. process was extended upto 14.04.2016, therefore, the Applicant had challenged the information furnished for him by his SSA/Unit on 24/29.01.2018, wherein vide the service particulars/eligibility verification report dated 27.01.2018 annexed, it had been indicated in the Column No.14 that the Applicant had not completed 05 years' service in NE-6 IDA Pay Scale (Rs. 9020-17430) or above in B.S.N.L. as on 01.01.2016 in consequence to which the Applicant had not been sent for the J.A.O. Induction Training, Phase-I.
6. Vide their reply, the Respondents had agreed only to the matters of facts on record, but had contested other contentions of the Applicant. Thus, it had been agreed inter alia - that the Applicant, who belonged to ST-category and had been appointed initially in Group-D under B.S.N.L. had been working as Telecom YOGENDRA SINGH MEENA 6 OA No. 147/2018 Mechanic, a Group-C post, w.e.f. 18.03.2011 ; that the Respondents had issued the Notification dated 01.03.2016 for L.I.C.E. for filling up vacancies in the grade of J.A.O. through promotion under 40% quota, with 31.03.2016 as the closing date of online registration, which had later been extended to 14.04.2016.
It was also agreed that upon receipt of online Applications from the candidates based on their respective self-declared information, the data from all the online applications had been compiled by the Recruitment Branch at the B.S.N.L. Corporate Office, New Delhi and circulated vide Letter dated 27.05.2016 to all C.G.M.T.s of Telecom Circles/Districts, with the request to them - to verify/scrutinize the eligibility of the candidates as per the eligibility criteria prescribed in the R.R.s for the cadre of J.A.O. by cross-checking the self-declared data of candidates with latest office records/service-books etc. ; and that the Applicant had attended the one-day pre-recruitment training for SC/ST candidates on 15.07.2016 and eventually participated in L.I.C.E.- 2016 that was held on 17.07.2016 for promotion to the Grade of J.A.O. ; and later, upon review of result of failed SC/ST candidates inter alia in J.A.O.40% L.I.C.E.-2016, conducted by the Recruitment Cell of C.G.M.T. Rajasthan Circle in pursuance of the B.S.N.L. Corporate Office instructions dated 04.09.2017, the Applicant's name had been included at Serial No.26 in the 'List of SC/ST Review Result for J.A.O. 40% Qualified Candidates, vide the enclosure to the Letter dated 13.09.2017 - with directions toundertake the verification of the eligibility criteria and vigilance status of the qualified candidates with the service records in their respective SSA/Unit as well as with B.S.N.L.J.A.O. R.R.s and orders/instructions/modifications etc. issued by B.S.N.L. Corporate Office, New Delhi from time to time - as per the proformae enclosed therewith. Further eventually, in response to YOGENDRA SINGH MEENA 7 OA No. 147/2018 its reminder dated 02.01.2018 qua the Applicant, his SSA/Unit Controlling Office had furnished the relevant details vide letter dated 24/29.01.2018, including the Vigilance Clearance Proforma dated 18/27.01.2018 and the service particulars/eligibility verification report dated 27.01.2018 as enclosures - whereby it had been indicated in the Column No. 14 of the latter enclosure that the Applicant had not completed 05 years of service in NE-6 IDA Pay Scale (Rs. 9020-17430)/- or above in B.S.N.L. as on 01.01.2016. Consequently, although the Applicant had been shortlisted for Induction Training by inclusion of his name in the Annexure with the Letter dated 17.01.2018 of the Respondent No.4, he had not been sent for the same - since he had been found to be not eligible for promotion to J.A.O. in terms of his service length in Group-C on the cut-off date (i.e. 01.01.2016).
7. Per contra, the Respondents had contested the other contentions of the Applicant. It had thus been submitted in particular that the Applicant was found to not having fulfilled the eligibility condition in terms of 05 years of regular service in Group-C as required for the concerned L.I.C.E.-2016 on the prescribed date(i.e. 01.01.2016) for reckoning the same ;and hence he had not been allowed for the J.A.O. Induction Training, Phase-I for departmental candidates. It had been averred that the date on which the eligibility condition of 05 years of regular service in Group-C as required for the concerned L.I.C.E. examination had to be reckoned as on the 01st January of the Exam year, which would be 01.01.2016 in the present case. The Applicant had been working in the Group C post in B.S.N.L. w.e.f. 18.03.2011 and had therefore not fulfilled such an eligibility condition.
8. Specifically regarding the contention of the Applicant that he had been deemed to have completed 05 years of regular service YOGENDRA SINGH MEENA 8 OA No. 147/2018 experience in Group-C since the enclosure to the letter dated 27.05.2016 had shown the date for reckoning the years of experience of the Applicant to be 01.01.2011 - the Respondents had submitted that the applications for the said L.I.C.E.-2016 were invited online ; and so the information available with the B.S.N.L. Corporate Office authorities thereby was on the basis of the information furnished by the candidates themselves. However,information furnished by the candidates had only been compiled by the B.S.N.L. Corporate Office ; and the same was sent to the Telecom Circles to get those verified through the respective SSA/Unit, with reference to R.R.s for J.A.O. and extant orders/ instructions/modifications etc. issued by B.S.N.L. Corporate Office, New Delhi from time to time. The learned Counsel for the Respondents had at the stage of arguments drawn attention to the said Letter dated 27.05.2016 submitted by the Applicant along with the O.A., that had clearly stated inter alia as follows -
" Sub : Verification/Scrutinizing of the Online application data in respect of L.I.C.E. for promotion to from Group-C employees to J.A.O. under 40% quota to be held on 17-07-2015.
Kindly refer to the application dated 01-03-2016 issued for holding Limited Internal Competitive Examination (L.I.C.E.) for promotion to from Group-C employees to J.A.O. under 40% Quota to be held on 17-07-2015.
2. In this regard, kindly find enclosed herewith the received Online application data of the candidates of the above said L.I.C.E. of all the circles. In this regard it is requested that the cadre controlling authorities of the respective circles to verify/scrutinize the eligibility of the candidates as the eligibility criterion prescribed in Recruitment Rules (RR) for the cadre of J.A.O., issued vide letter No.36-2/2001-SEA dated 31-08-2001 & amendments thereto issued from time to time.
3. In this regard, all concerned authorities of the respective circles are requested to go through the attached excel format to verify the inputs therein i.e. cross check the data with your latest office records/service book etc. of the particular candidate and vis-à-vis fill the yellow coloured columns accordingly as the case may be.
... ..."
YOGENDRA SINGH MEENA 9 OA No. 147/2018 Thus, it had been contended that the enclosure to the letter dated 27.05.2016 cited by the Applicant was clearly a compilation of the self-declared data received through online applications of the candidates from all the Telecom Circles for the above said L.I.C.E.-2016. Further, the cadre controlling authorities of those candidates had been requested to verify/scrutinize the eligibility of the candidates as per the J.A.O. RRs and orders/ instructions/modifications etc. issued by B.S.N.L. Corporate Office, New Delhi from time to time ; and to further fill in the other blank columns accordingly in respect of the candidates under their respective circles. Thus, it was averred that although against Serial No.2646 for the Applicant therein, the date for experience in years was shown to be 01.01.2011, the same had actually been a mere compilation of the information provided by him through his own online application, which had been sent for due verification etc. to the concerned SSA Units ; and that was in no way tantamount to conferring the reckoning of the qualifying service of the Applicant w.e.f. 01.01.2016.
Also, it had been contended that when later upon reviewof the result of failed SC/ST candidates, the Applicant's name had been included at Serial No.26 in the List of SC/ST Review Result for J.A.O. 40% Qualified Candidates, issued vide the enclosure to the Letter dated 13.09.2017 of the CGM, Rajasthan Telecom Circle - the cadre controlling authorities had also been requested for verification of self-declared information on the eligibility criteria of the qualified candidates with the service records in their respective SSA/Unit as well as with B.S.N.L.J.A.O. R.R.s and orders/instructions/modifications etc. issued by B.S.N.L. Corporate Office, New Delhi from time to time. The proforma for furnishing the Service Particulars & Eligibility Verification Report for Promotion from Group-C to J.A.O. in 40% Quota enclosed therewith had asked - vide the Column No.10 therein about the YOGENDRA SINGH MEENA 10 OA No. 147/2018 present IDA Scale and the date since working in that scale ; and vide the Column No.14 that whether completed 05 years of service in NE-6 IDA Pay Scale (Rs. 9020-17430)/- or above in B.S.N.L. as on 01.01.2016. In response to further reminder dated 02.01.2018 qua the Applicant, his SSA/Unit Controlling Office had furnished the relevant details vide letter dated 24/29.01.2018, and the service particulars/eligibility verification report dated 27.01.2018 as enclosures - whereby, it had been informedthrough the latter enclosure, at Col.10 that the Applicant was then working in the IDA NE-6 Pay Scale of Rs.(9020- 17430)/- w.e.f. 18.03.2011 and at Col.14 'NO' had been mentioned regarding whether the Applicant had completed 05 years of service in NE-6 IDA Pay Scale (Rs. 9020-17430)/- or above in B.S.N.L. as on 01.01.2016. Hence, as the date from which the Applicant had actually worked in a Group-C post in IDA Scale NE-6 (Rs. 9020-17430)/- was 18.03.2011, the question of reckoning the same w.e.f. 01.01.2011 for him did not arise at all. Further, it was also mentioned that the N.A.T.F.M., viz. Respondent No.4, was only the Training Academy in the present instance and had circulated a list dated 17.01.2018 based on the information made available to them vide the correspondences from the respective C.G.M.T.s. However, it had clearly been conveyed thereby that the other terms and conditions issued by the SEA and Recruitment Branch of Corporate Office from time to time be followed - thus, it was the responsibility of the respective controlling/sponsoring offices and the C.G.M.T.s to verify the eligibility of the listed candidates as per the recruitment rules and the guidelines extant in this regard and then only nominate/relieve the officer for training. Since in the case of the Applicant, his controlling office had found/furnished the information dated 24/29.01.2018 that he had not completed five years service in IDA Pay Scale of Rs. (9020-17430) as on 01.01.2016, he had not been found fit to be sent for the said training. Consequently, although his name had been included in YOGENDRA SINGH MEENA 11 OA No. 147/2018 the Annexure of the Letter dated 17.01.2018 previously issued by the N.A.T.F.M.for 4-week Phase-I Induction Training (from 29.01.2018 to 23.02.2018) for the SC/ST Review batch and left out candidates - since he did not fulfil the eligibility condition of having completed 05 years service in NE-6 IDA Pay Scale (Rs. 9020-17430)/- or above in B.S.N.L. as on 01.01.2016, the Applicant had eventually not been sent for the said training.
9. It had emerged on the basis of the examination of the rival contentions as foregoing that the enclosure to the letter dated 27.05.2016 cited by the Applicant was clearly only an aggregated compilation of the self-declared data received through online applications of the candidates from all the Telecom Circles for the above said L.I.C.E.-2016. Further, while sharing the same with all the cadre controlling authorities, the Recruitment Branch of the B.S.N.L. Corporate Office had requested them to verify/scrutinize the eligibility of the candidates as per the J.A.O. RRs and orders/ instructions/modifications etc. issued by B.S.N.L. Corporate Office, New Delhi from time to time ; and to further fill in the other blank columns accordingly in respect of the candidates under their respective circles. The Applicant had later been reckoned to be qualified through the Review of result of failed SC/ST candidates in J.A.O.L.I.C.E. vide Letter dated 13.09.2017 of the Office of C.G.M.T., Rajasthan Telecom Circle. In consequence, the Applicant's cadre controlling authorities had furnished the relevant information on his eligibility eventually vide letter dated 24/29.01.2018 - inter alia showing thereby that the Applicant was working in IDA Scale NE-6 (Rs. 9020-17430)/- w.e.f. 18.03.2011 and thus had not fulfilled the prescribed 05 years of service requirement in Group-C as on 01.01.2016. Therefore, it was found that the Applicant was eligible to reckon his qualifying service in Group-C from 18.03.2011 and not from 01.01.2011 ; and the reckoning of his qualifying service in Group- YOGENDRA SINGH MEENA 12 OA No. 147/2018 C from01.01.2011 had rightly been disallowed by the Respondents.
10. Regarding the contention of the Applicant that he had completed 05 years of regular service experience in Group-C before 14.04.2016, i.e. the last date for submission of online applications for L.I.C.E.-2016- the Respondents had contended that the experience required for allowing any candidate at the L.I.C.E. of any year, was to be reckoned on the 01st of January of the same year and not on the last date of the submission of the related application forms. Thus, the Applicant'sclaim of his having the requisite 05 years of regular service experience in Group-C as on 14.04.2016 was not admissible, since the material date on which it had to be reckoned was 01.01.2016 without it being linked in any way to the last date of submission of applications. To support that the same had been prescribed and followed uniformly at L.I.C.E.conducted in all the years, the Respondents had furnished a copy of the clarification dated 09.09.2009 issued by the Corporate Office of B.S.N.L. in respect of the Internal Competitive Examination against 40% quota for promotion to the post of J.A.O. held on (30.11.2009, 01.12.2009 & 02.12.2009), wherein the clarification regarding cut-off for counting of 05 years of regular service had figured vide Clarification No. 6 as follows -
"Doubt - As per point 4.c of the letter dated 20.01.05, eligibility of the service condition of Sr. Acct/Jr. Acct will be 5 years of regular service in Gr 'C" in DOT/DTO/DTS/B.S.N.L.. What is the crucial date on which 5 years of regular service required has to be reckoned with ? Clarification - Cut off date for counting the 5 years of regular service in the Govt/Dept/B.S.N.L. is 01.01.2009."
Further, the Respondents had also submitted the L.I.C.E. notification for vacancies upto 31.12.2021 for which the L.I.C.E. was notified on 21.04.2022 which had incorporated the experience related condition explicitly as follows:
YOGENDRA SINGH MEENA 13 OA No. 147/2018 " The Applicant must be in the pay scale of 13600-25420 or above with combined 5 years residency period in the pay scale of 13600-25420 or above as on 1st January of the vacancy year."
Moreover, the Respondents had averred that for all the candidates at the L.I.C.E.-2016 itself, the date on which the five years of qualifying service in Group-C had been reckoned uniformly was 01.01.2016. To support the same, the Respondents had furnished a copy of the communication dated 18.08.2018 of the Office of the C.G.M.T., Rajasthan Telecom Circle viz. Respondent No.2, related to the review result of failed SC/ST candidates in J.A.O.L.I.C.E. 40% notified on 01.03.2016, i.e. for the same L.I.C.E.-2016 Exam as that for the present Applicant, to show that 04 candidates inter alia the Applicant had been held to be not eligible for promotion as J.A.O., on this very ground - viz.
that their service experience in IDA Pay Scale of Rs.(9020- 17430)/- and above as on 01.01.2016 was less than 05 years.
11. Further, in this regard, at the stage of the arguments, the learned Counsel for the Applicant had sought to rely on the Judgment and Order dated 07.11.2024 of the Hon'ble Supreme Court in the Civil Appeal No.2634 of 2013 in the case of Tejprakash Pathak & Ors. Vs Rajasthan High Court & Ors., that was taken on record. It was sought o show thereby that the law laid down in conclusion was inter alia that -
"...
(2) Eligibility criteria for being placed in the Select List, notified at the commencement of the recruitment process, cannot be changed midway through the recruitment process unless the extant Rules so permit, or the advertisement, which is not contrary to the extant Rules, so permit. Even if such change is permissible under the extant Rules or the advertisement, the change would have to meet the requirement of Article 14 of the Constitution and satisfy the test of non-arbitrariness." ...
It was thereby argued by the learned counsel for the Applicant that the cut-off date for reckoning the qualifying experience in YOGENDRA SINGH MEENA 14 OA No. 147/2018 Group-C for promotion to the post of J.A.O. at the L.I.C.E.-2016 had been altered in the middle of the examination process to be 01.01.2016,whereas purportedly the date prescribed previously for reckoning the qualifying experience in a Group-C post was the last date for submission of the application form by the candidates for the said L.I.C.E.-2016.
The learned Counsel for the Respondents had contested the said interpretation by stating that the claim of the Applicant that the relevant cut-off date was prescribed to be the last date of submission of online applications by the candidates for the said L.I.C.E. notified on 01.03.2016, had not been supported by any evidence at all.
It was reiterated as hereinbefore that the experience required for allowing any candidate at the L.I.C.E. of any year, was to be reckoned on the 01st of January of the same year and not on the last date of the submission of the related application forms. Hence, the question that it had been changed to be 01.01.2016 in the middle of the examination process at any stage after the notification of 01.03.2016 would not arise.
Also, it had been reiterated that the Respondents had consistently taken necessary steps to verify the eligibility of the applying candidates as per the J.A.O. R.R.s and orders/ instructions/modifications etc. issued by B.S.N.L. Corporate Office, New Delhi from time to time - inter alia vide Letter dated 27.05.2016 of the Recruitment Branch of the B.S.N.L. Corporate Office, New Delhi to share the self-declared details of all the applications to the C.G.M.T.s of Circles/Divisions as cadre controlling authorities for verification/scrutinyand feedback ; and vide the Letter dated 13.09.2017 of the Recruitment Cell of the C.G.M.T. Rajasthan Circle addressed to the SSA/Unit Heads to furnish information as per formats enclosed therewith. YOGENDRA SINGH MEENA 15 OA No. 147/2018 The learned Counsel for the Respondents had also argued that the law as laid down in respect of conducting the selection process was that it has to be conducted strictly in accordance with the stipulated selection procedure and there cannot be any relaxation in the terms and conditions of the advertisement unless such a power is specifically reserved in the relevant statutory rules. Even if power of relaxation is provided in the rules, it must still be mentioned in the advertisement and had to be given due publicity so as to ensure that those candidates who become eligible due to the relaxation are afforded an equal opportunity to apply and compete so as to avoid discrimination and arbitrariness. It was also visible vide the authority of the Judgment and Order dated 07.11.2024 of the Hon'ble Supreme Court in the case of Tejprakash Pathak & Ors. Vs Rajasthan High Court & Ors. (supra) itself as relied upon on behalf of the Applicant. In the present case, the requirement of completed 05 years in terms of service in Group-C NE-6 IDA Pay Scale was reckonable on 01.01.2016 had not been altered at any stage ; in fact, the same had been uniformly applied ; and no relaxation had been notified for it to be 14.04.2016 to uniformly benefitother candidates, who were not eligible to apply as per the cut-off date of 01.01.2016. Moreover, the office of the C.G.M.T., Rajasthan Telecom Circle had vide the letter dated 18.08.2018 intimated the relevant authorities and all the concerned officials - with reference to its earlier letter dated 06.09.2017 listing the Result of Review of failed SC/ST candidates - the names of certain candidates, the applicant inter alia, who were found to be not eligible for J.A.O. promotion specifically due to their service being less than 5 years in the said IDA NE-6 Pay Scale of Rs.(9020-17430)/- and above, as on 01.01.2016. The said communication was not under challenge vide the present O.A. or otherwise.
YOGENDRA SINGH MEENA 16 OA No. 147/2018
12. It had emerged on the basis of the examination of the rival contentions as foregoing that the Applicant's claim that the relevant cut-off date was prescribed to be the last date of submission of online applications by the candidates for the said L.I.C.E. (notified on 01.03.2016) had not been supported by any evidence at all. Secondly, it had also not been shown that the date of 01.01.2016 had been changed in the middle of the examination process at any stage after the notification of 01.03.2016. Per contra, it was shown that the verification/scrutiny in respect of service length in Group-C NE-6 IDA Pay Scale for L.I.C.E. qualified candidates had been undertaken with reference to 01.01.2016 as the cut-off date ; and the same had been uniformly applied for the candidates at the said L.I.C.E.-2016, both for those who had not appeared as well as those who had appeared based on their self-declaration, but were later detected to not fulfil the same as on 01.01.2016.
13. In the conspectus of the foregoing, it is firstly noted that the Applicant had impugned the Letter/communication dated 17.01.2018 issued by the N.A.T.F.M., viz. the Respondent No.4 and sought that it be quashed and set aside. On one hand, no illegality in the said impugned Letter dated 17.01.2018 had been pointed out ; on the other, the said communication/Letter had actually incorporated the name of the Applicant at Sl.No.15 of the Table at the Annexure as enclosed thereto. Therefore, it was not shown as to how that was admissible or even as to how that was coming in the way of the reliefs prayed for by the Applicant. Further, the claim of the Applicant - that his experience in the Group-C at B.S.N.L.in the IDA NE-6 Pay Scale, which had actually commenced from 18.03.2011 should instead be reckoned to begin from 01.01.2011 ; or that it should be reckoned upto 14.04.2016 as the cut-off date being the last date of submission of online YOGENDRA SINGH MEENA 17 OA No. 147/2018 applications by the candidates - was not found to be substantiated and thus was untenable on merit. Consequently, we do not find any grounds to interfere with the impugned Orders and the actions of the Respondents in not sending the Applicant for the Induction Training, Phase-I for the post of J.A.O. The other consequent reliefs as prayed by the Applicant were also thus inadmissible.
14. Therefore, we order accordingly. Hence, the present O.A. is dismissed. No order as to costs.
(Lok Ranjan) (Ranjana Shahi)
Member (A) Member (J)
/ysm/
YOGENDRA SINGH
MEENA